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4/10/2018 - Regular April 10, 2018 143 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 April 2018. 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 Campus Pastor John Sharp of Fellowship Community Church. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman Hooker called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Martha B. Hooker, Supervisors George G. Assaid, Phil C. North, Joseph P. McNamara and P. Jason Peters MEMBERS ABSENT: None 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 Department of Social Services employee, Angie Wooten, recipient of the 2018 Golden Halo Award (Shannon Brabham, Assistant Director of Social Services) Recognition was given. April 10, 2018 144 2. Proclamation declaring April 8-14, 2018, as National Public Safety Telecommunicators Week in the County of Roanoke (Bill Hunter, Director of Communications and Information Technology) The Clerk read the proclamation. IN RE: NEW BUSINESS 1. Resolution setting the allocation percentage for Personal Property Tax Relief in Roanoke County for the 2018 tax year (Laurie Gearheart, Assistant Director of Finance) Ms. Gearheart outlined the need for the resolution. There was no discussion. RESOLUTION 041018-1 SETTING THE ALLOCATION PERCENTAGE FOR PERSONAL PROPERTY TAX RELIEF IN ROANOKE COUNTY FOR THE 2018 TAX YEAR WHEREAS, in accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or “PPTRA”) of Chapter 951 of the 2005 Acts of Assembly and qualifying vehicle with a taxable situs within the County commencing January 1, 2018, shall receive personal property tax relief; and, WHEREAS, this Resolution is adopted pursuant to Ordinance 122005-10 adopted by the Board of Supervisors on December 20, 2005. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That tax relief shall be allocated so as to eliminate personal property taxation for qualifying personal use vehicles valued at $1,000 or less. 2. That qualifying personal use vehicles valued at $1,001-$20,000 will be eligible for 55.97% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 55.97% tax relief on the first $20,000 of value; and 4. That all other vehicles which do not meet the definition of qualifying (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to Roanoke County by the Commonwealth of Virginia. 6. That this Resolution shall be effective from and after the date of its adoption. April 10, 2018 145 On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Assaid, the motion was approved by the following recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None 2. Resolution approving the Roanoke Regional Airport Commission budget for fiscal year 2018-2019 (Tim Bradshaw, A.A.E., Executive Director, Roanoke Regional Airport Commission) Mr. Bradshaw outlined the proposed budget; flat waiting daily on response from grant. He noted there were several items in capital; shifting focus on land side improvements and a new rental car facility. Supervisor McNamara inquired about the debt service being a zero. Mr. Bradshaw advised the bonds have not been drawn yet. There was no further discussion RESOLUTION 041018-2 APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FISCAL YEAR 2018-2019 WHEREAS, Section 24.B of the Regional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provides that the Commission shall prepare and submit its operating budget for the forthcoming year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated March 27, 2018, a copy of which is on file in the office of the Clerk of the Board, the Executive Director of the Roanoke Regional Airport Commission has submitted a request that the County approve the fiscal year 2018-2019 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the fiscal year 2018-2019 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the March 27, 2018, report of the Commission Executive Director, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: April 10, 2018 146 AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None 3. Resolution approving the Roanoke Valley Resource Authority (RVRA) budget for 2018-2019 (Daniel D. Miles, P.E., Chief Executive Officer, Roanoke Valley Resource Authority) Mr. Miles outlined the proposed budget; reduction from current fiscal (1.9%) year, $2.00 per ton tipping fee increase. Supervisor North stated he had a statement to read before any questions were asked. In reference to item P.3 and Sunday’s article in the Roanoke Times, he wants to address any concerns raised by those articles with a suggestion of a conflict of interest. He is a retired Norfolk Southern employee and receive a pension from the retirement fund for life. It is a flat pension. Although my pension cannot fluctuate due to any actions he takes either for or against the railroad’s interest and he receives no benefit from the RVRA’s contractual relationship with Norfolk Southern and he wishes to remove all doubt and avoid any appearance of inappropriately by not voting today on the operating budget, which includes a small percentage paid to Norfolk Southern for services. Supervisor North then stated he would abstain and would not participate in the discussion. Supervisor Hooker stated she has a similar statement with a different outcome. Since the Roanoke Times raised the issue of her owning stock in an article on Sunday, she wants to clarify for our citizens and she and her husband hold Norfolk Southern stock managed in a brokerage account, which she declared on her disclosure forms. We do not receive dividends of $5,000 a year, which is the amount the State code sets for a person having a personal interest. The RVRA contracts with Norfolk Southern, not the County. The Board of Supervisors and herself do not receive any personal gain from the Authority’s relationship with Norfolk Southern so she is declaring that she can participate in this transaction fairly, objectively and in the public interest and will be voting. Supervisor Hooker stated she had one comment and that is overall the changes in the tipping fees over the previous 25 years have actually been fairly minimal and it looks like they started out about $50 and now with the $2 increase will only be at $51.50. She is looking forward to the County continuing our regional efforts with the City of Roanoke, City of Salem and Town of Vinton. April 10, 2018 147 Supervisor McNamara stated in the proposed budget there was a proposed transfer of $1.3 million for contingency. What is that being used for, one-time money or ongoing expenses? There is not transfer from the contingency other than $21,161. Supervisor McNamara referenced page 36. Mr. Miles explained when they originally started the budget and before they did any modification with tipping fee increases, we were looking at using $1.3 million in contingency to balance the budget. At our last Board meeting, in the adoption of the budget, they made modifications to the budget that eliminated that $1.3 contingency so that was an error that did not get corrected. Supervisor McNamara stated he was not aware of the corrections. The revenue went down and it looks like Salem is down almost 20%. What is the reason for Salem being down 20%? Mr. Miles explained this is the first full year for Salem in the system and it was because of the reduction in the grinding of their wood waste. When the system first started up, Salem would bring all of their wood waste through the system and the original budget included those tonnages that are now not coming into the system. Supervisor McNamara stated at some point he would like to copy of the balance sheet that reflect debt. RESOLUTION 041018-3 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY BUDGET FOR THE FISCAL YEAR 2018-2019 WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County, the City Council of the City of Roanoke and the Town Council of the Town of Vinton; and WHEREAS, the Chief Executive Officer of the Roanoke Valley Resource Authority has submitted the fiscal year 2018-2019 budget of the Roanoke Valley Resource Authority for approval. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA that the fiscal year 2018-2019 budget for the Roanoke Valley Resource Authority, is hereby approved, and the County Administrator and the Clerk are authorized to execute and attest respectively, on behalf of the County, any documentation, in form by the County Attorney, necessary to evidence said approval. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, McNamara, Peters, Hooker NAYS: None ABSTAIN: Supervisor North April 10, 2018 148 IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance authorizing the relocation of the polling place for Precinct 306 – Garst Mill pursuant to § 24.2-306, 307 and 310 of the 1950 Code of Virginia, as amended (Anna Cloeter, Registrar) There were no changes since the first reading on March 27, 2018. Chairman Hooker opened and closed the public hearing with no citizens to speak on this item. There was no discussion. ORDINANCE 041018-4 AUTHORIZING THE RELOCATION OF THE POLLING PLACE FOR PRECINCT 306 – GARST MILL PURSUANT TO SECTION 24.2-306, 24.2-307 AND 24.2-310 OF THE CODE OF VIRGINIA, AS AMENDED WHEREAS, Sections 24.2-306, 24.2-307 and 24.2-310 of the Code of Virginia (1950), as amended, authorize the governing body of each county to establish the polling place for each precinct in that jurisdiction by ordinance; and WHEREAS, the citizens of Roanoke County, as well as the election officials, will be better served by the relocation of the Precinct 306-Garst Mill; and WHEREAS, the election officials have determined that the proposed polling place will provide more space for voting equipment, higher security to assure citizen and equipment safety, additional and more convenient parking and better accessibility for citizens for all future elections; and WHEREAS, the first reading of this ordinance was held on March 27, 2018, and the second reading of this ordinance and public hearing were held on April 10, 2018. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the relocation of the following polling place be and is hereby approved as follows: (1) Garst Mill Precinct 306 polling place in the Cave Spring Magisterial District be relocated from the Cave Spring Rescue Station at 3206 Valley Forge Avenue, Roanoke, Virginia 24018 to Room 16 of The Brambleton Center at 3738 Brambleton Avenue, Roanoke, Virginia 24018; and 2. That the General Registrar for the County of Roanoke, Virginia is hereby authorized to take all measures necessary to comply with April 10, 2018 149 Virginia law and regulations regarding a change in a polling precinct and for reasonable notification to the voters of this change in their respective polling location. 3. That the County Administrator and the General Registrar are hereby authorized and directed to take such others actions as may be necessary to accomplish the intent of this ordinance. 4. That this ordinance shall take effect immediately. On motion of Supervisor Assaid to adopt the ordinance, seconded by Supervisor McNamara and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, McNamara, Peters NAYS: None IN RE: PUBLIC HEARING 1. Public hearing for citizen comments on the Proposed Fiscal Year 2018-2019 Operating Budget and the Proposed Fiscal Year 2019- 2028 Capital Improvement Program (Christopher R. Bever, Director of Management and Budget) Chairman Hooker opened the public hearing and the following spoke: Mary Jo Fostie stated she was here on behalf of Roanoke Valley Sister Cities to request that the Board would once again help us with funding. The mission of Roanoke Valley Sister Cities is to foster and encourage mutual understanding, friendship and peace through cultural, medical, economic, educational and professional exchanges between people of the Roanoke Valley and the citizens of our seven (7) sister cities on four (4) continents. She has provided the Board with a flyer and would like to note some of the points that she would bring up. Their programs and exchanges effect Roanoke County residents. Once of the most recent exchanges that we have had is Roanoke artists, Max Mitchell, who took a trip to Opole, Poland and participated in the plein air workshop. Roanoke Valley Sister Cities paid for his ticket and he had a wonderful experience representing Roanoke Valley Sister Cities at this plein air workshop as well as Roanoke County. His picture is in the flyer. Other activities that Roanoke County residents participated vary from the Lunar New Year celebration at the Taubman to picnics and dinners that we host in Roanoke County Parks and restaurants. Other exchanges and delegations that we have sent: two delegations this year to Opole th to celebrate their 800 anniversary and to establish an exchange with Carilion School of Medicine. We also just recently had a party that involved the Opole community as well. She would like to call the attention also to the sheet and what is posted on your website. Roanoke County entered into a partnership with Opole, Poland on November 30, 29914. Opole and the County became sister cities to create an exchange of culture and social information for the enrichment of both communities. April 10, 2018 150 Additionally, it provided both communities to gain a new perspective and insights into the inter-workings of local government in a different country. We would like to continue working with Opole, Poland and would really appreciate the Board’s help with financing these exchanges and she also made a note that they are asking for $1,600 and that would help pay for another artist to go to Opole, Poland and to sponsor the polka band or to send a delegation to or receive one from Opole, Poland. Katie Zawacki stated she is representing Roanoke Valley Points of Diversity and our mission is to promote inclusion of all citizens of the Roanoke Valley so we can reach full inclusion of all representation in the Roanoke Valley. She came to the County last year to speak with Mr. O’Donnell about our mission and that we had been running dialogue circles throughout the community including many Roanoke County residents to help people get to know people who are different from them, whom they don’t usually encounter in their daily lives; believing that dialog is the first step to create better understanding. We are encouraged by their meetings here and provided our dialogue circles called study circles for the Human Resources Department over the summer and they run two hours a week for four weeks discussing individual differences, groups that we belong to, what stereotyping does with groups, obstacles to full inclusion and promoting ideas or ways to provide more events that more people can be included in the activities in Roanoke County. So, she was encouraged by this and submitted a proposal to fund one of our major programs. We are a program of the Virginia Center for Inclusive Communities; a non-profit. Our job is to establish their programming here in the Roanoke Valley. They have chapters in Tidewater Peninsula, Richmond and Lynchburg, but we have not had the advantage of their program in the Roanoke Valley. She has been involved with this type of organization since about 2000. They have a summer program called Connections. Last year, Roanoke County sent a delegation of 5 students to Connections camp and it is held right near us at the 4-H Center at Smith Mountain Lake. What we asked for in our proposal was the money to sponsor a contest between the different Schools and the winning high school, either an essay, photo, demonstration or presentation contest (whatever they choose to do) and our Board would judge the winner of the contest and would like to have the $2 thousand to send the whole team to camp. It is a residential camp, Monday through Friday, all meals and transportation are provided and would like to tell you that it is the premiere teen leadership program in the country. It is associated with the Federation of Other Leadership Programs and it focuses on reducing prejudice and teaching kids ways to gain skills so they can be leaders in their Schools. We would really like to get this interest going so that the Roanoke Valley and Roanoke County Schools in particular could take advantage of this program that other parts of the State have. April 10, 2018 151 Kevin Bohan stated he was in replace of Jo Lynn with the Roanoke Area Ministries. He is the President of the Board of Directors for Roanoke Area Ministries and is here this afternoon to respectfully request that Roanoke County reinstate the funding that has been provided for our Roanoke Area Ministries in the past. Just a little bit of background in what we do at Roanoke Area Ministries, we provide some emergency financial assistance to residents within the Roanoke Valley including Roanoke County in basically four different areas to help with life-saving medications, to help pay rent or mortgage payments where there is a need, also for utilities and also any deposits that may be required for getting into an apartment or housing or utilities as well. The Roanoke Area Ministries is really one of the few that provides this financial assistance here within the Roanoke Valley. Last year, in 2017, we were actually able to assist 212 Roanoke County residents with some of the funding needs they required to the tune of about $15,000 and some change. Prior to 2017 up to 2016, Roanoke County had been providing some funding for us, which we were able to put into the pot to help these folks. What we received in those years just previous to 2017 was roughly $1,500 a year. Basically that is 10% of what we have been able to provide in assistance to those citizens of Roanoke County. Every year, the Department of Social Services in Roanoke County refers numerous people to Roanoke Area Ministries to help with these funding situation and so we are here today to respectfully request that funding be restored. It is only 10% of what we have done for Roanoke County, but every little bit helps and certainly appreciate what has been done in the past and would like to continue the partnership with Roanoke County as we have had. Angie Chewning stated she is the Executive Director of the Vinton Chamber of Commerce and is here on behalf of the Chamber. We appreciate the support Roanoke County has given us over the years; we are forever grateful for it and we recently received the proposed budget and realized there was reduction in grant funding for the Chamber. The Vinton Chamber serves as the liaison between the businesses and the citizens of Vinton. We act as a cheerleader for what is happening in the Town and the surrounding areas and that is only of the things with the Vinton area. We don’t just have to be in Vinton. We support all of our area in the valley, so we are very active in all the things that are happening in Roanoke County and East Roanoke County and we want to help the mission and the direction we are going. So, we have helped market, advertise and support all the businesses in Roanoke County, especially East Roanoke County, but we are in Bonsack, Hollins and everywhere. Our Chamber membership is not just Vinton businesses; we have a lot from all over the area. It does not matter how big or small the businesses are. We want to support them, we want to help them grow, help them publicize what they have going on as well as all the projects that are going on, William Byrd High School, Roland E. Cook, the upcoming opening hopefully of Macado’s soon, we get asked almost every day when Macado’s is coming and we support things like the Gauntlet, where supporters of the Gauntlet were given Chamber membership for the past four years, so we are a big supporter as well. April 10, 2018 152 Last year, we moved the Vinton Wine and Food Festival to Explore Park to promote what is going on down there. We had over 1,500 visitors there and does not include the vendors that were from all over the State as well as the volunteers that we have. Many of these people have never been to Explore Park in any shape or form and that was really neat for them to get to see that in that light. With all the excitement going on about Explore Park, we are excited to be in close proximity to that and help promote whatever is happening in that area as well. We pride ourselves for putting on a lot of festivals, concerts, etc. She provide the Board with a magnet to show all that we have going on. All of our events, we not only promote in Vinton for folks to come, but outside of Vinton to see what is happening in Vinton; what we have going on: our shopping, our living, we want people in Vinton to eat, shop, play in Vinton. So, we reach over about 50,000 people each year with our events including the Fall Festival, the Christmas parade. We are there to market Vinton, the area around us as well as what we have happening in Vinton. So, we appreciate what the Board has done for us. We know that every dollar counts and it certainly does with us as a non-profit. So, you will reconsider our proposed funding and again thank you for your consideration and for all you have done for us. IN RE: PUBLIC HEARING AND ADOPTION OF TAX RATES 1. Public hearing for citizen comments on the following items: Calendar Year 2018 Real Estate, Personal Property and Machinery and Tools Tax Rates (Christopher R. Bever, Director, Management and Budget) Chairman Hooker opened and closed the public hearing with no speakers on this agenda item. 1. Request to adopt the following tax rates: (a) Order setting the tax rate on Real Estate in the County of Roanoke for the calendar year 2018 ORDER 041018-5 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2018 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 2018, and ending December 31, 2018, be, and hereby is, set for a tax rate of $1.09 per one hundred dollars of assessed valuation on all taxable real estate and mobile homes classified by Sections April 10, 2018 153 58.1-3200, 58.1-3201, 58.1-3506.A.8, and 58.1-3506.B of the 1950 Code of Virginia, as amended, situate in Roanoke County. On motion of Supervisor McNamara to adopt the order, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None (b) Order setting the tax levy on Personal Property situate in the County of Roanoke for the calendar year 2018 ORDER 041018-6 SETTING THE TAX LEVY ON PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2018 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 2018, and ending December 31, 2018, be, and hereby is, set for a tax rate of $3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding that class of personal property generally designated as machinery and tools as set forth in Section 58.1-3507 of the 1950 Code of Virginia, as amended, and excluding all those classes of household goods and personal effects as are defined in Sections 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1- 3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1- 3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592-11, and generally designated as Motor Vehicles for Disabled Veterans. 3. That the levy for the twelve-month period beginning January 1, 2018, and ending December 31, 2018, be, and hereby is, set at fifty (50%) percent of the tax rate established in paragraph 1 for the taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1-3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor Vehicles for Disabled Veterans. On motion of Supervisor Hooker to adopt the order, seconded by Supervisor North and carried by the following recorded vote: April 10, 2018 154 AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None (c) Order setting the tax levy on a classification of personal property - Machinery and Tools - situate in Roanoke County for the calendar year 2018 (Christopher R. Bever, Director of Management and Budget) Supervisor Peters stated the Board has been acting to reduce over the last few years by $0.05. Supervisor McNamara stated he wanted to do something with BPOL. There was no further discussion. ORDER 041018-7 SETTING THE TAX LEVY ON A CLASSIFICATION OF PERSONAL PROPERTY - MACHINERY AND TOOLS - SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2018 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1- 3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 2. That the levy for the twelve-month period beginning January 1, 2018, and ending December 31, 2018, be, and hereby is, set for a tax rate of $2.85 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. On motion of Supervisor Hooker to adopt the order, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None IN RE: CONSENT AGENDA RESOLUTION 041018-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA April 10, 2018 155 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 April 10, 2018, 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 3 inclusive, as follows: 1. Approval of minutes – February 13, 2018 2. Confirmation of appointment to the Roanoke Valley Greenway Commission 3. Observance and Proclamation of Friday, April 27, 2018 as National Arbor Day in Roanoke County On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor North, the motion was approved by the following recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None A-041018-8.a A-041018-8.b IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS Bonnie Law from Boones Mill, VA stated she is here once again to talk about EQT, the parent company of Mountain Valley Pipeline relating some additional financial and legal concerns involving this company. She is not a stockbroker so she is not here to give anyone market advise about EQT stock, but it was well over $100 a share in October of 2014 when the Mountain Valley Pipeline project was first announced. This stock has been on a continual downhill slide for the last 3 ½ years. It closed yesterday at a little over $46. It is simply off a cliff and the following information could be some of the contributing factors as to why. EQT is one of two gas companies who has been embroiled in litigation in 7 counties in SW Virginia, who claim through nonpayment or underpayment of taxes owed to them. These counties are Dickinson County, Wise County, Buchanan County, Tazewell County, Lee County, Scott County and Russell County. Not one, not two, but 7 different counties in SW Virginia. This has been going on for close to a 5-10 year period in some of these counties. EQT is also being sued by 3 different Federal class-action cases for non-payment to landowners in far SW Virginia regarding royalty check payments on fracked gas wells in that region. These cases are currently pending in the US Federal Court in Abington, Virginia and there are thousands and thousands of landowners in these cases initially. She hates to say this, but thinks Wall Street has already done the homework for you. They already know that MVP is a bad bet. They are a bad business model; poorly managed, off target, have highly questionable end-user contracts, bleeding cash, poorly structured with layer upon layer of subcontractors who simply dodge responsibility and financial April 10, 2018 156 accountability to land owners in this area. She currently holds a Business Administration degree from the University of Richmond; and has two financial industry licenses at this point and multiple insurance licenses. So, this information is maybe a little bit more passionate to her than others in the audience, so she appreciates the time to comment today. It is simply her opinion that you are dealing with tax-dodging, royalty cheating, criminal trespassing, and repeated convicted environmental polluters. You have a responsibility to make business decisions for this County and that is on you. MVP proposed tax money may sound good upfront, but she feels there is a bad risk and a bad environment. Beware of this systemic, legal problems being the epitome of this company’s corporate culture. Buyer beware any mitigation or treatment plans that they may propose to you. IN RE: REPORTS Supervisor Peters moved to receive and file the following reports. The motion was seconded by Supervisor McNamara and carried by the following recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara stated we heard some folks talking about outside agency funding. A couple, Sister Cities, Points of Diversity, he did not notice them being on the list. Did they go through the proper procedures? (Mr. Peters stated they were on the list and Supervisor McNamara stated he missed them). He wished the Vinton people were still here, because he knows they went down by $200, but Salem Roanoke County went down $750, but we also went into the Advancement Foundation to try to offset some of those business development type of opportunities. The other comment he has to Ms. Law, you say we need to make good business decisions relative to MVP, we are charged with making good business decisions in the County. He is somewhat perplexed. What business decisions have we made relative to MVP or will we be making in the future; that is not something that we are controlling nor do we make any decisions. We make decisions on Court rulings and to enforce laws. So, to some degree we can appreciate your analysis and thank you for your time with that, but that is not something in our bailiwick in things that we do or have control over. Thank you very much for sharing with us. April 10, 2018 157 Supervisor Peters stated he would touch on outside agencies as well. He continues to have heartburn with the fact that we do cut agencies that are our cheerleaders. Mr. McNamara alluded to the Roanoke Salem Chamber, the Vinton Chamber, the Williamson Road Association and what they do in our community as we continue to talk about economic development, but those are the drivers within the communities where businesses are setting up and helping get the word out. He for one does not agree with decrease the funding to those and thinks the Board should reevaluate them. It was nice to recognize some of our employees today; who do a spectacular job and to all our employees in Roanoke, thank you for what you do. Supervisor North stated just to echo, the Williamson Road Area Business Association, Wendy Jones called him and spoke to him, he thought she was going to be here today, was concerned about the reduced funding because there are five restaurants along with Hollins area that participate in Restaurant Week and the Williamson Road Area Business Association advertising and uses some of the funding that we give them to advertise Restaurant Week, which helps these businesses attract customers and generates economic impact. So, it was a reduced amount from last year, $150 and last year was $1,000. On their behalf, he would like to make mention as the gentleman from Vinton, reconsider and reinstate that amount of money. On some good news on events in the community, on March 22, 2018, he attended the Transportation Planning Organization’s new committee member’s orientation. On March 29, 2018, he attended the Fire and Emergency Medical Services graduation for the class of 2022 and the new 13 firefighters for Roanoke County. Best wishes as they begin their new assignments. On March 29, 2018, he toured the Greenways of the Hollins area with County staff and lastly on April 4, 2018, attended the awards ceremony for Roanoke County police. Supervisor Hooker stated she would end with some commentary from Economic Development. There is another seminar, the 2018 Spring Career and Lifestyle Fair, Tuesday, May 1, 2018, from 9:00 until 1:30 p.m. It is at the Berglund Special Events Center and it is free. Those who should attend would be recent college graduates, job seeks, those interested in local lifestyle opportunities and individuals seeking job opportunities. There are over 75 organizations who will be represented offering opportunities for individuals who live, work and play in the Roanoke region. st Please keep that in mind for Tuesday, May 1 from 9:00 until 1:30 p.m. IN RE: CLOSED MEETING At 3:59 p.m. p.m., Supervisor Hooker moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A A.1, Personnel matter, namely performance evaluations of the County Administrator and County Attorney. The motion was seconded by Supervisor McNamara and carried by the following recorded vote: April 10, 2018 158 AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None The closed session was held from 5:57 p.m. until 9:20 p.m. IN RE: WORK SESSIONS 1. Work session to review with the Board of Supervisors the Proposed Fiscal Year 2018-2019 Operating Budget (Thomas C. Gates, County Administrator; Rebecca E. Owens, Director of Finance; Christopher R. Bever, Director of Management and Budget) Mr. Gates gave a brief introduction and turned the meeting over to Ms. Owens and Mr. Bever. Supervisor McNamara commented we get beat up on debt all the time. Why don’t we have two lines: one would be debt repayment; which no one can be upset about and the other can be debt interest rather than lumping it together of that $0.09, probably $0.06 is debt repayment and $0.03 is interest. People will look at it and say, “You can drop $0.09 if you get rid of all the debt.” No, not really, it would drop $0.03. Mr. Bever responded staff could certainly do that with Mr. McNamara responding that it would be wonderful for next year. Supervisor McNamara inquired with regard to Solid Waste, does it include the money that goes to the landfill. So, for $4.8 million out of $190 million, we take everybody’s trash away, including all of their other stuff. Mr. Bever responded in the affirmative and stated they should be congratulated. Supervisor North inquired about the Board of Supervisors reduction with Mr. Bever advising the Chief Deputy Clerk and the County Attorney sharing a position. Supervisor North inquired about the Registrar with Mr. Bever advising a number of the supplies that the Board of Elections used to pay for no longer provide and also a true-up of part-time costs associated with having an election. Supervisor North then asked if they were required to pay at non County-owned facilities or was it gratis. Mr. Bever advised he did not know for sure, but would find out and advise. Supervisor McNamara inquired about disabled veterans and if it goes to zero or is it capped on the principle property they are living in. He knows that for the elderly it is capped. Ms. Nancy Horn, Commissioner of the Revenue advised it is at 100%. They pay no real estate taxes. Supervisor North advised with regard to the Children’s Service Act, he knows we cannot do anything about it now, but thinks it is time we sit down with our legislators that represent this area in Richmond and bring them up-to-date on how this impacts Roanoke County. It is getting out of control; we cannot keep on funding this April 10, 2018 159 without sooner or later having a tax increase or cutting other services. He would like a placeholder this fall when they are getting ready to go back to Richmond and sit down and give them a presentation, work session, etc. Ms. Kuhnel, County Attorney responded staff had done that in 2018 and all the legislators are very aware of this very complex issue and one of our legislative liaisons, Sue Rowland, will speak to the Board in May. They are very aware of this issue. Mr. Bever added that staff is very aware of this issue and has been working with the Schools for creative solutions. Supervisor Assaid asked what is the total of all of the proposed fees with Mr. Bever responding $86,750. Mr. Bever then asked the Board for any more budget adjustments. There were none. Supervisor Hooker inquired about the increase tipping fees and difference numbers. Mr. Bever responded they are basically an estimate and monitor throughout the year. Supervisor McNamara stated we have talked about business license and thinks it is a good budget and the vast majority is well thought out and well presented. There is a feeling on this Board, please correct him if he is wrong, we would like to do something with the BPOL tax; specifically look at raising the $50 flat fee up to $125,000, which takes $61,000 out of our budget and would appreciate staff to come up with an offset. Mr. Bever advised that comes out of the revenue sharing formula; an estimate of $24,000 or $25,000 would be associated with the reduction in the Schools transfer, which means on the County side we would need $36,000 or $37,000. Supervisor McNamara suggested that since we have already agreed with the Schools budget, we absorb this year and we will get back next year. Supervisor Assaid commented if we make an adjustment for that request, it should go through revenue sharing plan. Supervisor McNamara stated that is fine, he thought we were not able to change at this point. Mr. Bever reiterated that it is the consensus of the Board to raise the threshold of gross receipts from $100,000 to $125,000, which will reduce your BPOL taxes by $61,000 and that will be factored into the revenue sharing formula. He advised he will work with the County Attorney’s office for two readings and a public hearing to raise that and they will build the budget based on that. There were no objections. Supervisor McNamara commented some of the fastest growing counties had the threshold at $200,000. He thinks it helps when deciding to locate a business and sends the right message. Supervisor Hooker advised she had received an email from the Schools regarding questions about how the revenue sharing was formulated and had a suggestion to look at that again. Ms. Owens advised that the revenue sharing formula, the transfer amount, would increase their funding $570,208. As part of that, it does include the April 10, 2018 160 money that we share in the CSA costs. One of the portions of the amount we included was $525,000, which was money that we had from year-end from last year that we actually put to CSA reserves and included it in the formula because the Schools had always shared in the CSA costs. We have a request from the School Board basically asking to pull that amount of the formula and to allow the Schools basically contribute their portion of that from their capital reserves. They would like to share in that, but not run through the formula so that it does not adjust the base. If the Board approves that they do that, then the net impact to the County would be additional expense and need to see what we could cut additionally. Supervisor Peters asked why capital money. Supervisor McNamara stated it was one-time money that we took from capital. Mr. Bever advised the financial policies will allow them to do that, so they have requested to do that in advance. Supervisor McNamara stated the County put $525,000 so they are going to give us $262,000 back. So, they want and actually from the County, staff says it impacts us $220,000, which is one-time money. When we took the $525,000 out it was recurring money, we would have put that back next year. Mr. Bever stated is it a one-time adjustment because it was one-time funding. Supervisor McNamara stated it is a timing issue, but if you give rid of the timing issue in actuality the Schools are paying more because we are only transferring 42%. He stated he is not sure he is following. Mr. Bever advised the way we do CSA, staff working with staff, when we needed to increase the budget last year, we put in $660,000. So each side would do half and it is in the revenue sharing formula, which is ongoing money. The question is, of the $525,000, one-time fund balance and we have essentially contributed an extra $525,000 than the Schools has and we are supposed to share costs according to the formula. So, we put the $525,000 into the formula because that is revenue that is one- time money. Really, you have $660,000 plus $750,000 that we added this year, which is $1.4 million in recurring revenue that is going to stay in that formula until we can solve the problem. With regard to the cost of not putting the $525,000 is $221,000. Supervisor McNamara stated let’s stop talking about the $375,000, and the $750,000 and the $660,000 because that is confusing the whole issue. Let’s talk just about the $575,000. We had money left over back in July and we said we are going to take our leftover money and shore up this fund and by the way Schools, we have always shared this 50/50 so we are going to need to get this money back from you. The Schools are saying you used your year-end money to shore up this fund, which was against policy at the time and you are going to change the policy so that we can do this in the future, can we just write you a check from our leftover money from last year for $262,000. So, if it is good enough for us, why is it not good enough for them? Ms. Owens stated she had the conversation with Ms. Hodge about what the Schools would like to do. Supervisor McNamara stated he was not sure it created a $220,000 budget whole if they are going to write us a check for $262,000. Mr. Bever responded the $262,000 will go into the CSA fund. Supervisor McNamara stated why we cannot put $575,000, while cannot we take the Schools $262,000 into CSA and take our $262,000 into the April 10, 2018 161 budget. Mr. Bever responded because you are already projecting to be $400,000 short. Supervisor McNamara stated that is a different project. Let’s simplify the discussion. The simplified discussion is we put this money into the account with our year-end funds. They say, can you reimburse us for our half with our year-end money rather than running it through the formula. Mr. Bever stated staff understands what they want to do. Why does it create a $220,000 budget whole; it should create a surplus of $30,000? Mr. Bever replied you would take $262,500 out of CSA and move it over to the operating budget. Since the money is already over there in the fund, we could just reduce the transfer, just as long as we are all aware that there is CSA issues that we have to deal with. Supervisor McNamara added those issue are there whether we do this or not; they are not related. Supervisor Assaid then asked Mr. Bever to explain what Supervisor McNamara is saying. Mr. Bever stated there are going to be issues in CSA no matter what, so this is just a matter of how big the issue is going to be. What happens to the other $262,500 that we put in there already, which is one-time money? Mr. Bever stated he believes what Supervisor McNamara is proposing and how staff would execute is instead of transferring $750,000 to the CSA fund this year, we would transfer $750,000 minus $262,500. Supervisor Assaid stated if that is what he is saying, the MOU between the County Board and the School Board is new revenue, not old revenue, so none of that goes through the funding formula so he would disagree. Supervisor McNamara reiterated what was said previously. Supervisor Assaid stated we are taking one-time money and putting it into an operating budget and thinks that does not make sense and we need to make an adjustment. Supervisor McNamara stated that was another topic entirely. Why would we have one-time money go into that budget? Mr. Gates advised CSA is complicated in itself. Let’s let staff work through the mechanics and bring back to the Board at the next work session and we will address questions and concerns at that time. Supervisor McNamara stated he felt there would be other one-time funds, including debt service. Mr. Bever reiterated that the Board wanted staff to essentially take that $525,000 out of the formula calculation and that will take the Schools revenue sharing number from $572 and we will add $221,336 to that and they will transfer $262,000. Supervisor McNamara stated if the money gets added back next year, staff needs to get this hashed out. He does not understand why the Schools are so interested in it. Supervisor Assaid stated one-time is operating money. Supervisor McNamara stated but if it is added back next year, it becomes operating money. As long as it gets added back and someone does not forget. It is purely a timing issue. Ms. Owens stated she thinks the concern is to be reset each year and since Ms. Hodge is retiring and people forget. Supervisor Assaid stated his concern is that we follow the MOU and the terms of the MOU because it is between two Boards, not staff. Anytime that staff is making changes without the approval of both Boards, is not policy. Mr. Bever stated now it will be part of the policy and we could address that upfront. Supervisor Assaid asked Ms. Kuhnel are policies April 10, 2018 162 stronger than the MOU and the MOU goes away once the policy has been approved by the Board. Ms. Kuhnel advised most of the policies are adopted by resolution and it is the passage by resolution that gives it the legitimacy from an action of the Board. You can always have policies that are not enacted by resolution, but it is not an official act of the Board. Supervisor Assaid stated these policies will be and the MOU will be superseded by the financial policies. Ms. Kuhnel stated you could certainly add the language in there that these policies replace any former action on the same subject. Supervisor North asked what do they want to do with this money; is there a specific need. Ms. Owens stated that in the meetings that she has attended, School Board has approved a budget and based it on estimations because they do not have a final State budget. So, when they actually presented to the School Board, they had a list of three or four items that if they get any more money from the State then these would be their priorities. CSA funds, supplemental funding are that she knows of. They are scheduled to present their budget to the Board of Supervisors on May 8, 2018. Supervisor Assaid inquired as to what percentage this Board is over as to what is required by law. He thinks we are at 204%. Ms. Owens responded that she did not bring that information with her, however, she had seen a PowerPoint slide that stated it was in excess of 200%. Supervisor Assaid commented that it is significant how well the Schools are funded by this Board. On one of the budget memos, Mr. Bever showed resource officers for $600,000 that are not included and is something else this Board provides, as well as the borrowing. Supervisor North pointed out these are added values. Ms. Owens advised in the Finance area, accounts payable, payroll, etc. are also provided. Supervisor Peters requested re-evaluation of the three agencies he mentioned in the Board room (chamber contributions.) He would like to go back to the staff recommendations for the Roanoke-Salem Chamber, Vinton Chamber and the Williamson Road Area Business Association. He thinks it is less than $1,500. They all add value to our areas. Supervisor North stated he was in agreement and would like to see the Williamson Area Business Association go back to what it was last year; only $150 more. Supervisor McNamara stated it is small enough that he is not going to get excited about it, but feels we are opening ourselves up. We have three this year and as soon as we make this change, next year we are going to have 10 and after that 20. It was the consensus of the Board to go back to the staff recommendation on the Vinton Chamber and the Williamson Road Area Business Association. The Roanoke-Salem Chamber was not effected for a total of $850. The final item was the review of Financial Policies; it was the consensus of the Board to move forward with the changes presented. The work session was held from 4:15 p.m. until 5:39 p.m. April 10, 2018 163 IN RE: CERTIFICATION RESOLUTION At 9:20 p.m., Supervisor Hooker moved to return to open session and adopt the certification resolution. RESOLUTION 041018-9 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 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 Hooker to adopt the resolution, seconded by Supervisor McNamara, the motion was approved by the following recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None IN RE: ADJOURNMENT Chairman Hooker adjourned the meeting at 9:21 p.m. . emitted by: Approved by: 0, , l I , , )14,0/tiT/h."--- ktake4 i-borah C. Ja• Martha B. Hooker Chief Deputy ( �-rk to the Board Chairman April 10, 2018 164 PAGE LEFT BLANK INTENTIONALLY