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HomeMy WebLinkAbout1/8/2019 - RegularRoanoke County Board of Supervisors Agenda January 8, 2019 NOTE: The Board of Supervisors will hold its annual organizational meeting at 2:00 p.m. in the Board Meeting Room prior to the regularly scheduled Board Meeting Good afternoon and welcome to our organizational meeting for January 8, 2019. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountvVA.gov. Our meetings are closed -captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call 2. Organization of County Board 1. Election of Officers: (1) Chairman (2) Vice -Chairman Page 1 of 5 INVOCATION: Roanoke County Board of Supervisors January 8, 2019 PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 2 of 5 B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Timothy E. Burford, Solid Waste Collection Foreman, upon his retirement after more than thirty-nine (39) years of service (Rob Light, Director of General Services) 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Howard Wayne King, Communications Officer II, upon his retirement after more than twenty-five (25) years of service (Susan Slough, Assistant Director of Communications) D. BRIEFINGS E. NEW BUSINESS 1. Resolution acknowledging the opioid addiction epidemic and its cost to the County of Roanoke and authorizing the County Attorney to engage outside legal counsel to take such action as she deems appropriate to recover the costs borne by the County as a result of this opioid addiction epidemic (Mary Beth Nash, Senior Assistant County Attorney) F. FIRST READING OF ORDINANCES G. SECOND READING OF ORDINANCES 1. Ordinance accepting and appropriating $323,484 from the Virginia Department of Conservation to construct mountain bike trails and a trailhead at Explore Park (Doug Blount, Director of Parks, Recreation and Tourism) H. APPOINTMENTS 1. Budget and Fiscal Affairs (BFAC) (appointed by District and At -Large) 2. Economic Development Authority (EDA) (appointed by District) 3. Library Board (appointed by District) Page 3 of 5 I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Vera L. Brown, Treasurer Clerk Supervisor, upon her retirement after more than fifteen (15) years of service 2. Confirmation of appointments to the Blue Ridge Behavioral Health Care Board; Community Policy Management Team; Roanoke Center for Animal Care and Protection; Roanoke Outside, Roanoke Regional Partnership; Roanoke Valley Broadband Authority; Roanoke Valley Regional Juvenile Detention Center; Regional Court Community Corrections Advisory Board; Regional Drug Court Advisory Board; Roanoke Valley Regional Commission; South Peak Community Development Authority (CDA); Western Virginia Regional Industrial Facilities Authority (including Participation Committee) Western Virginia Regional Jail Authority; Western Virginia Water Authority and Virginia's Blue Ridge (CVB) J. CITIZENS' COMMENTS AND COMMUNICATIONS K. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of November 30, 2018 L. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Martha B. Hooker 2. Phil C. North 3. David F. Radford 4. P. Jason Peters 5. George G. Assaid M. WORK SESSIONS 1. Work session to review Comprehensive Financial Policy (Rebecca Owens, Assistant County Administrator; Laurie Gearheart, Acting Director of Finance and Christopher R. Bever, Director of Management and Budget) Page 4 of 5 N. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.1, Personnel, namely discussion concerning appointments to the Roanoke County Audit Committee; Roanoke County Grievance Panel; Roanoke Valley -Alleghany Regional Commission; Virginia Association of Counties (Liaison Board Member) (Legislative Contact); Western Virginia Regional Jail Authority 2. Section 2.2-3711A. Section 2.2-3711.A.8, Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel, namely the Vinton Gainsharing Agreement O. CERTIFICATION RESOLUTION P. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: January 8, 2019 Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Timothy E. Burford, Solid Waste Collection Foreman, upon his retirement after more than thirty-nine (39) years of service Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Daniel R. O'Donnell County Administrator Recognition of the retirement of Timothy E. Burford BACKGROUND: Timothy E. Burford, Solid Waste Collection Foreman, retired on January 1, 2019, after thirty-nine years and eight months of service with General Services DISCUSSION: Mr. Burford is expected to attend today's meeting to receive his quilt and resolution. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 8, 2019 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO TIMOTHY E. BURFORD, SOLID WASTE COLLECTION FOREMAN, UPON HIS RETIREMENT AFTER MORE THAN THIRTY-NINE (39) YEARS OF SERVICE WHEREAS, Mr. Burford was employed by Roanoke County on May 10, 1979; and WHEREAS, Mr. Burford retired on January 1, 2019, after thirty-nine years and eight months of devoted, faithful and expert service to Roanoke County; and WHEREAS, during Mr. Burford's tenure he has served as a Motor Equipment Operator, Automated Refuse Equipment Operator, Solid Waste Equipment Operator and Solid Waste Collection Foreman WHEREAS, Mr. Burford, 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, Mr. Burford, upon the implementation of automated collection, became the first automated driver in the history of Roanoke County and was thus instrumental in the expansion of the collection system to all areas of the County; and WHEREAS, Mr. Burford rose through the ranks of the Solid Waste Division, becoming proficient in all service areas of the division. As a result of his experience and expertise, he won many driving awards at both the local and State level and ended his employment as the Solid Waste Collection Foreman responsible for bulk and brush collection; and WHEREAS, Mr. Burford, in addition to being the first automated driver, was also instrumental in the rolling phase-in of the entire County to automated collection by Page 1 of 2 developing the collection routes, assisting with vehicle purchase decisions and training new operators; and WHEREAS, Mr. Burford with his comprehensive knowledge of all aspects of the Solid Waste Division has consistently provided leadership to the division, serving as both a mentor and a friend to all who have worked here; and WHEREAS, Mr. Burford has been a valuable asset to Roanoke County and has certainly helped the division achieve its goal of providing efficient and effective service to Roanoke County citizens on a daily basis. Mr. Burford's friendly demeanor and work ethic will be missed by both his co-workers and the citizens of Roanoke County; and WHEREAS, Mr. Burford honorably and faithfully served his country for two (2) years active duty in the United States Army from 1976 to 1978 and then twenty-two (22) years in the Army National Guard, retiring with the rank of Sergeant First Class. 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 TIMOTHY E. BURFORD for more than thirty-nine 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. Page 2 of 2 ACTION NO. ITEM NO. C.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: January 8, 2019 Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Howard Wayne King, Communications Officer II, upon his retirement after more than twenty-five (25) years of service Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Daniel R. O'Donnell County Administrator Recognition of the retirement of Howard Wayne King BACKGROUND: Howard Wayne King retired on January 1, 2019, after more than twenty-five years of service with Roanoke County's Information Technology Department. Mr. King is expected to attend today's meeting to receive his resolution and quilt. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 8, 2019 and RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO HOWARD WAYNE KING, COMMUNICATIONS OFFICER II, UPON HIS RETIREMENT AFTER MORE THAN TWENTY-FIVE (25) YEARS OF SERVICE WHEREAS, Mr. King was employed by Roanoke County on September 25, 1993; WHEREAS, Mr. King retired on January 1, 2019, after twenty-five years and three months of devoted, faithful and expert service to Roanoke County; and WHEREAS, during Mr. King's tenure he has served as a Communications Officer and Communications Officer II and has supported both citizens and first responders through fire, floods and earthquakes as a calm reassuring voice behind the radio and telephone. Mr. King served with professionalism and dedication in providing services to the citizens of Roanoke County; 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 HOWARD WAYNE KING for more than twenty-five (25) 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. Page 1 of 1 ACTION NO. ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: January 8, 2019 Resolution acknowledging the opioid addiction epidemic and its cost to the County of Roanoke and authorizing the County Attorney to engage outside legal counsel to take such action as she deems appropriate to recover the costs borne by the County as a result of this opioid addiction epidemic Mary Beth Nash Senior Assistant County Attorney Daniel R. O'Donnell County Administrator Over the past several years, the County has experienced significantly increasing demands on County resources, particularly public safety departments, as a result of opioid addiction. The County attributes this, in part, to aggressive and misleading marketing of prescription opioids by pharmaceutical manufacturers and distributors. The County seeks to recoup its costs from those parties responsible for creating this public health crisis. BACKGROUND: Pharmaceutical manufacturers and distributors have engaged in deliberate efforts to increase the rate of opioid prescriptions for pain management. Increased prescriptions have resulted in lucrative profits for these responsible parties. Pharmaceutical manufacturers and distributors have engaged in aggressive and possibly misleading practices to convince medical providers to prescribe opioids for patients, while downplaying the extraordinarily high likelihood of addiction and overdose resulting from opioid use for pain management. As a result, County public safety employees as well as social services employees have experienced a significant increase in service calls for crimes and health emergencies that have their genesis in opioid addiction. Page 1 of 2 DISCUSSION: Many local governments in the Commonwealth have retained outside counsel to pursue remuneration against opioid pharmaceutical manufacturers and distributors to offset the quantifiable public cost of this public health crisis. Outside counsel may achieve this cost recovery through litigation and /or a voluntary compromise settlement on behalf of the County and other affected localities. Outside counsel may also achieve either voluntary or court-ordered injunctive relief to prohibit pharmaceutical manufacturers and distributors from future deceptive marketing practices for opioids. FISCAL IMPACT: At the outset of litigation, there is no cost to the County to engage outside legal counsel to pursue litigation and remuneration against pharmaceutical manufacturers and distributors. STAFF RECOMMENDATION: Staff recommends that the Board authorize the County Attorney to engage outside legal counsel to pursue all legal and equitable remedies available to the County to recover costs borne by the County as a result of the public health epidemic caused by opioid addiction. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 8, 2019 RESOLUTION ACKNOWLEDGING THE OPIOID ADDICTION EPIDEMIC AND ITS COST TO THE COUNTY OF ROANOKE AND AUTHORIZING THE COUNTY ATTORNEY TO ENGAGE OUTSIDE LEGAL COUNSEL TO TAKE SUCH ACTION AS SHE DEEMS APPROPRIATE TO RECOVER THE COSTS BORNE BY THE COUNTY AS A RESULT OF THIS OPIOID ADDICTION EPIDEMIC WHEREAS, the County of Roanoke is battling an opioid addiction epidemic that impacts its citizens across demographic lines, harming every economic class, race, gender and age group; and WHEREAS, Virginia's State Health Commissioner has declared the Commonwealth's opioid addiction problem a public health emergency; and WHEREAS, the County of Roanoke has allocated and will continue to be required to allocate substantial public resources, taxpayer dollars, staff energy and time to address the damages to the County caused by the opioid epidemic. THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke as follows: 1. In order to abate the public nuisance described above and to recover the monetary and non -monetary damages that the County of Roanoke has incurred as a result of the opioid epidemic described above, the Board of Supervisors authorizes the County Attorney execute such documents necessary to engage outside legal counsel on behalf of the County, including but not limited to, the Retainer Agreement attached hereto as Exhibit A ("the Retainer Agreement") to pursue remuneration and other equitable relief through litigation against the parties that such outside legal counsel and Page 1 of 2 the County Attorney determine to be responsible for causing and perpetuating the opioid epidemic, consistent with the terms of the Retainer Agreement. 2. The County Attorney shall take such action, as she deems appropriate to manage such litigation with outside legal counsel to ensure that the best interests of the County and its citizens are served. Page 2 of 2 RETAINER AGREEMENT This Retainer Agreement ("Agreement") represents the understanding between County of Roanoke ("Client") and Sanford Heisler Sharp, LLP and Kaufman & Canoles, P.C. (collectively, "Attorneys") ("the Parties"). Attorneys' status is that of an independent contractor; Attorneys shall not be considered an employee of Client for any purpose. Retention of Attorneys 1. Client hereby retains Attorneys as lead counsel to represent Client in the investigation and prosecution of any legal action against Purdue Pharma, L.P.; Purdue Pharma, Inc.; the Purdue Frederick Company, Inc.; Mallinckrodt plc; Endo Health Solutions, Inc.; Endo Pharmaceuticals, Inc.; McKesson Corporation; Cardinal Health, Inc.; AmerisourceBergen Drug Corporation; CVS Health; Walgreens Boots Alliance, Inc.; Pharmacy Benefit Managers; and, any other relevant defendants (collectively, "Defendants"), in connection with Defendants' manufacture, marketing, sale, and distribution of prescription opioid products and the harm created therefrom to Client. Collectively, these matters will be referred to herein as the "Lawsuit." 2. Attorneys intend to enter into a co -counsel agreement with The Cicala Law Firm PLLC in the Lawsuit. Attorneys are further authorized to associate or consult in this representation with other counsel upon consultation with Client and with Client's consent. Notwithstanding any such association of other counsel, and unless such authority is expressly delegated by Attorneys to other counsel with Client's consent, Attorneys shall at all times retain the full authority and responsibility as Client's counsel in the investigation and prosecution of the Lawsuit. Fee Sharing Agreement Between Attorneys 3. Sanford Heisler Sharp, LLP and Kaufman & Canoles, P.C. have agreed to share fees on a two-thirds/one-third basis generally, with potential adjustments according to their lodestar contribution of hours spent in pursuit of the Lawsuit. Scope of Employment 4. Client authorizes Attorneys to investigate and, if appropriate after consultation with and authorization by Client, prosecute Client's claims for opioid -related cost recovery involving violations of the Virginia Consumer Protection Act, public nuisance, fraud, unjust enrichment, negligence/gross negligence/negligence per se, among other claims. Attorneys' representation of Client is limited to matters necessary to investigate and litigate the Lawsuit and to bring it to a conclusion. The representation will include a First Step, involving the investigation of Client's claims against Defendants including specifically an analysis of the damages sustained by Client as a result of the opioid epidemic, followed by a Second Step, if appropriate after consultation and authorization by Client, involving prosecution of Client's Lawsuit, if any, and determination of Client's share of any award or settlement in all related proceedings. Client is not hereby obligated to pursue the Lawsuit; however, Client hereby agrees that if it chooses to pursue the Lawsuit, Client will utilize Attorneys to do so pursuant to the terms of this Agreement. If Client chooses not to pursue the Lawsuit, in its sole discretion, there will be no costs, fees or expenses owed by Client. CONFIDENTIAL & PRIVILEGED PAGE 1 OF 6 5. Attorneys do not represent Client in connection with the negotiation of the terms of this Agreement. Rather, Attorneys are acting on their own behalf. Client understands that the provisions of this Agreement, including the compensation arrangements set forth below, are not prescribed by law but are determined by negotiation and mutual agreement. The Parties' Obligations 6. As part of Client's representation, Attorneys shall work closely with Client and its representatives in investigating potential claims and keep Client informed about the status of the Lawsuit, if any, shall provide advice and explanations necessary to permit Client to make informed decisions regarding their representation, and shall comply with Client's reasonable requests for information. 7. Client shall promptly provide any and all information reasonably requested by Attorneys and shall assist fully in the investigation and prosecution of the Lawsuit, including, but not limited to, gathering and sharing facts and evidence in support of the Lawsuit's allegations; attending scheduled hearings and meetings; preserving all documents and tangible things, including electronically stored information, relevant to the Lawsuit; answering truthfully any interrogatories propounded to Client by opposing parties; appearing for and testifying at depositions; and, cooperatively participating in any judicial or other proceeding as may arise during the course of the Lawsuit. 8. In this matter, Client will have certain important document preservation responsibilities. In particular, Client must ensure that any and all information that might potentially relate to the claims asserted in the Lawsuit is properly preserved. Such information might include communications about or with a party, research materials, and product -related materials. Division of the Award 9. In consideration of the legal services and counsel to be rendered by Attorneys, Client agrees to pay Attorneys a contingent fee representing a percentage of the Lawsuit's settlement or judgment ("Award") which shall be calculated before reimbursement of costs and expenses pursuant to Paragraph 12 of this Agreement. Attorneys' contingent fee percentage shall be twenty-five percent (25%) of Client's recovery. 10. In the event that Defendants pay Client in a structured settlement or under any other arrangement that results in Defendants' payment being made in installments rather than in a single lump sum, the division of the Award according to the provisions of Paragraph 9 shall be applied to each payment received by Client. Award of Costs and Expenses 11. Sanford Heisler Sharp agrees to advance all out-of-pocket costs and expenses associated with this engagement. Reasonable out-of-pocket costs and expenses that are incurred or advanced by Attorneys shall be reimbursed from the Award after deduction of Attorney's contingent fee and before distribution of the Award. CONFIDENTIAL & PRIVILEGED PAGE 2 OF 6 12. To the extent that any costs and expenses advanced or incurred by Attorneys are later awarded to Client by the Court or recovered by Client through settlement, Client hereby assigns to Attorneys 100% of the proceeds of any such costs and expenses award or settlement. 13. Client authorizes Attorneys to advance costs and expenses while prosecuting the Lawsuit, if any. Attorneys may on Client's behalf advance monies for expenses, costs, charges, and disbursements, including, but not limited to, filing fees; court costs and fees; fees for service of process; copying charges; transcription expenses; printing costs; computerized legal research; investigative, expert and deposition costs; trial costs; exhibit preparation expenses; printing costs; copying charges; witness fees; and, travel costs and expenses which in Attorneys' judgment are necessary to incur in the prosecution and enforcement of the Lawsuit. Attorneys agree to keep detailed records of their costs and expenses paid and/or incurred during the course of their representation. In the event Client receives no recovery, Client shall be ultimately responsible for any out of pocket disbursements or expenses incurred by Attorneys on Client's behalf. In the likely event that the Lawsuit is pursued as a collective action in which Client is one of multiple similarly situated plaintiffs represented by Attorneys, Client shall be responsible for only a percentage of the total out of pocket disbursements or expenses Attorneys incurred while prosecuting the Lawsuit on behalf of Client and other similarly situated plaintiffs. The specific percentage of the total costs for which Client shall be responsible in the event that Client is one of multiple similarly situated plaintiffs in a collective action shall be that portion of the aggregate damages Client's damage claim represents in relation to the aggregate damage claim of all similarly situated plaintiffs. Common Representation and Potential Conflicts 14. Client is aware that Attorneys contemplate entering into the same arrangement as that set forth in this Engagement Letter with other counties and municipalities in Virginia. Attorneys believe that the goals of Client are aligned with those of other counties and municipalities regarding the Lawsuit. Attorneys do not believe that to achieve the goals of the Lawsuit, either Client or another county or municipality must take a position that is adverse to the interests of the other. However, to the extent any issue may arise in this matter about which Client disagrees with another county or municipality and one of you wishes to pursue a course that benefits one but is detrimental to the interest of the other, we cannot advise Client or assist Client or any other county or municipality in pursuing such a course. Because Client's interests and those of other counties and municipalities are aligned, Attorneys are confident that their representation of Client will not be limited in this matter by representation of any other county or municipality, but Client should consider these consequences of joint representation in deciding whether to waive this conflict. By signing this Retainer Agreement, Client acknowledges and agrees to the above- described representation. 15. In addition to the above, one of the consequences of joint representation of multiple clients by a law firm is the sharing of confidential information concerning the subject matter of the joint representation. Client acknowledges and agrees that communications between Attorneys and other counties or municipalities relating to the Lawsuit will be treated as confidential and will not be disclosed outside your group without your Attorneys' informed consent. Client also acknowledges and agrees that any information that we receive concerning this matter, including communications from Client, may be disclosed to the other jointly represented clients during the course of the joint representation. Client further acknowledges that if a dispute arises between or CONFIDENTIAL & PRIVILEGED PAGE 3 OF 6 among one or more of you, and Attorneys no longer represent Client in this matter, as the result of a conflict of interest or otherwise, Attorneys may nevertheless use any confidential information Attorneys have concerning this matter to the advantage of those we continue to represent in any subsequent action relating to this matter. Termination of Representation 16. Client may discharge Attorneys at any time by providing Attorneys 30 days' written notice of Client's intent to discharge. 17. In addition, if Attorneys determine at any time that it is no longer feasible or appropriate to pursue the Lawsuit, Attorneys may, by providing 30 days written notice to Client, withdraw from further representation. Under such circumstances, Attorneys will take steps, to the extent it is reasonably practicable, to protect Client's interests in a manner consistent with all rules governing professional conduct. 18. Compensation of Attorneys after discharge or termination of representation discussed in Paragraphs 16-17 will be governed by Paragraph 19 of this Agreement. 19. If Attorneys withdraw or are discharged and Client proceeds with the Lawsuit with or without substitute counsel and Client or Client's substitute counsel receives by settlement or judgement an Award or an award of costs and expenses related to the Lawsuit, Client shall pay separately to Attorneys a portion of the Award and/or award of costs and expenses as follows: a. Attorneys' contingent fee percentage of the Award calculated as if Attorneys had not been discharged multiplied by the fraction calculated by dividing the number of hours expended by the discharged Attorneys on the Lawsuit as of the date of discharge by the total number of hours expended by all Attorneys who have worked on the Lawsuit on behalf of Client and, if any, substitute counsel; and b. the value of any Award of Costs and Expenses equal to the costs and expenses incurred by Attorneys in connection with the Lawsuit. C. Subparagraph b. may be satisfied by providing a good faith opportunity for Attorneys to obtain reasonable costs, expenses, and attorneys' fees from the Court or as part of any settlement agreement. Alternative Dispute Resolution Including Waiver of Jury Trial Rights CONFIDENTIAL & PRIVILEGED PAGE 4 OF 6 20. Should any unresolvable dispute arise between the parties regarding fees, costs, or any other matter that relates to this agreement, the Lawsuit or the engagement of the attorneys, including, but not limited to, the quality of the services rendered, the parties agree to submit the dispute to binding arbitration before a mutually agreed-upon arbitrator, or if the parties are unable to agree upon an arbitrator and procedures, then pursuant to the then -applicable rules and procedures for commercial disputes of the American Arbitration Association ("AAA") and by arbitrator(s) selected by and through AAA. The parties agree that the arbitrator and the arbitration shall be located in Norfolk, Virginia and that Virginia law will apply. The parties further agree that all reasonable costs of the arbitration, including the prevailing party's attorneys' reasonable attorneys' fees, shall be borne by the unsuccessful party or non -prevailing party. Nothing in this paragraph shall prevent the parties from agreeing to submit any dispute to mediation. Miscellaneous 21. Attorneys hereby agree that they will not negotiate or seek to resolve any claim to attorneys' fees, costs, or expenses until an agreement in principle has been reached or a judgment has been entered on the Lawsuit's substantive allegations. 22. Attorneys shall provide upon request a certificate of Attorneys' professional liability insurance in an aggregate amount of not less than $10,000,000. 23. The entire Agreement between Client and Attorneys is contained herein. This Agreement supersedes any prior oral or written agreement concerning this representation. No other promises, inducements, or considerations have been offered, accepted, or given either by Client or Attorneys. Client also agrees not to enter into any future agreements concerning the subject matter of this Agreement without prior notice to Attorneys. 24. This Agreement is governed by the laws of the Commonwealth of Virginia and may not be modified, changed, altered, or amended in any way except in a writing signed by all parties. The parties expressly agree that no oral modification of this Agreement shall be effective, notwithstanding any provisions of the governing law that may allow for oral modification. 25. The parties expressly agree that if any term of provision of this Agreement is held invalid or unenforceable, every other term and provision remaining in the Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 26. The parties hereby acknowledge that they have read and understand the foregoing, that they have had the opportunity to consult with independent counsel, and that they agree to the representation on the terms set forth in this Agreement. 27. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same agreement. 28. Facsimile signatures or electronic copies thereof shall be as effective as original signatures for purposes of this Agreement. 29. This Agreement is effective as of the last date below executed. CONFIDENTIAL & PRIVILEGED PAGE 5 OF 6 SANFORD HEISLER SHARP, LLP Date: Kevin H. Sharp KAUFMAN & CANOLES, P.C. Date: W. Edgar Spivey COUNTY OF ROANOKE Date: Its: CONFIDENTIAL & PRIVILEGED 17034605v1 PAGE 6 OF 6 ACTION NO. ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: January 8, 2019 Ordinance accepting and appropriating $323,484 from the Virginia Department of Conservation to construct mountain bike trails and a trailhead at Explore Park Doug Blount Director of Parks Recreation and Tourism Daniel R. O'Donnell County Administrator ISSUE: Ordinance accepting and appropriating $323,484 from the Recreational Trails Program through the Virginia Department of Conservation and Recreation for the construction of mountain bike trails and trailhead at Explore Park BACKGROUND: Roanoke and Virginia's Blue Ridge are America's East Coast Mountain Biking Capital. In 2018, the International Mountain Bicycling Association (IMBA) named Virginia's Blue Ridge (VBR) as the East Coast's only Silver -level Ride Center. The Blue Ridge Mountain Bike Center (BRMBC) is a central feature of Explore Park, as envisioned in the 2016 Explore Park Adventure Plan. Explore Park will have a critical mass of adventure activities, including mountain biking, hiking, horseback riding, whitewater canoing/kayaking, treetop ropes challenge courses, zip lines, several types of camping and special events. But as with any other activity, mountain bike riders don't emerge fully capable and skilled. Riders need places to get started with the sport and to develop strength, stamina, and skills. BRMBC will be the primary location within VBR and its IMBA Ride Center where beginners can go to develop new skills and confidence, and where intermediate riders can enhance their skills. Page 1 of 3 Trails are one of the three key systems in the 2016 Explore Park Adventure Plan. The BRMBC will connect to about 14 miles of existing trails in Explore Park, including 7 miles of hiking trails and 7 miles of shared -use hiking/biking trails. The 2016 Community Strategic Plan states that "Roanoke County's abundant outdoor recreational opportunities are seen as a means to market the County's high quality of life to young professionals, an increasingly important part of the equation in attracting entrepreneurial businesses to the region. Outdoor recreation that capitalizes on increasing the number of visitors to the area while providing healthy alternatives for citizens is a high priority. Roanoke County will continue to expand and promote the County's outdoor recreational advantages, especially amenities such as Explore Park, greenways, and blueways." DISCUSSION: The BRMBC will be developed in phases. Phase 1 of the BRMBC will have about 8,550 linear feet (LF) of new and rehabilitated mountain bike trails, some with skills features, plus about 600 LF of shared -use paths for bikes and pedestrians. The BRMBC trails will tie into about 14 miles of existing hiking and biking trails within Explore Park. Later phases of the BRMBC will add 5 more miles of new and rehabilitated trails, with some existing mountain biking trails being obscured. Most of the 8,550 LF trails at BRMBC will be single-track (30" to 48" wide) with natural surfaces. Some trails will have optional skills features made of rock and other natural materials. The exception in Phase 1 will be Trail 30, the Outer Skills Loop, which will have an aggregate surface. Total land disturbance is estimated at 41,850 SF, or 0.96 acres. Trails: 8,550 LF x 36" w = 25,650 SF Shared -use path: 600 LF x 60" w = 3,000 SF Trailhead: (120'x 60') parking + (250 LF x 24'w) driveway = 13,200 SF The mountain bike trails will be built according to IMBA and USDA Forest Service guidelines. The total project cost is $404,355. The Recreation Trails Program grant is a 80/20 financial split for the project. Virginia Department of Conservation and Recreation will provide $323,384 in program funding. Roanoke County's project cost is $80,871. There have been no changes since the first reading held on December 18, 2018. Page 2 of 3 FISCAL IMPACT: County funding is available through the Capital Budget in the Parks and Recreation Capital Explore Park (CIP) project in the amount of $80,871. This funding will provide the required County match for the Virginia Department of Conservation and Recreation Trail Program funding. These funds will be transferred from the Capital Fund to the newly created grant account. Because funds in the Capital Improvement Program project have been previously appropriated, an additional appropriation by the Board is not required for the County match. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. Page 3 of 3 RECREATIONAL TRAILS PROGRAM (RTP) FEDERAL HIGHWAY ADMIlVISTRATION (FHWA) VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION (DCR) Project Agreement — Preliminary Engineering (PE) Recipient: Roanoke County Project Title: Blue Ridge Mountain Bike Center Project Number: VRT-318-N-170 Project Period: Date of DCR Approval to June 30, 2020 Project Scope of Work: Roanoke County will perform the environmental analysis, surveying, and planning for the Blue Ridge Mountain Bike Center, in accordance with their 2018 RTP grant application. Grant Award Amount: $53,020.00 Funding Sources: FY 17 — Z940 Obligation of Construction Funds: Upon satisfactorily completing all requirements of this Preliminary Engineering sub -grant agreement and a PE closeout being approved by DCR and the FHWA, DCR will submit a request to the FHWA to obligate $270,464.00 in Construction funding for this project. Upon signature of both parties below, the Department of Conservation and Recreation (DCR) and Roanoke County hereinafter referred to as the "Recipient" mutually agree to perform this agreement in accordance with the Recreational Trails Program as codified at 23 U.S.C. 206, the provisions and conditions of the FHWA Interim Guidance dated April 1, 1999, as amended, and with the regulations and requirements governing federal grants as stipulated in 2 CFR Parts 175, 200, 215, 225 and Federal Highway Administration regulations as outlined in 49 CFR Parts 18, 20, 29 and 32 (http://www.whitehouse.i!ov) In accepting this grant, evidenced by the signature below, the Recipient agrees to comply, adhere and abide with the following conditions of this grant agreement: Proiect Execution: 1. Fiscal Procedures, Procurement and Bidding Procedures of the Recreational Trails Program as outlined in Recreational Trails Program Manual. 2. Specific project application and amendments submitted for funding assistance under the Recreational Trails Program. 3. All applicable state, federal and local laws, regulations and ordinances including but not limited to compliance with the Virginia Erosion & Sediment Control and Virginia Stormwater Management Laws & Regulations. 4. The recipient is expected to have a project manager assigned to the project as the primary contact and a designated backup for communicating project status. 5. Submission of Quarterly Progress Reports on status of grant implementation. First report due no later than April 5, 2019. All correspondence pertaining to this project must reference State Project Number VRT-318-N-170. 6. The Recipient agrees to contact both the appropriate state and/or federal agency and DCR if any unexpected environmental concerns are encountered during project construction. 7. The recipient agrees to comply with the Virginia Seed Law to ensure no noxious weed seeds are introduced into the project area. Rochelle Altholz Deputy Director of Matthew J. Strickler Administration and Finance Secretary of Natural Resources1 Russell Banter Clyde E. Cristman Deputy Director of Director Soil and water Conservation and Dam Safety COMMONWEALTH o f VIRGINIA Thomas E. Smith DEPARTMENT OF CONSERVATION AND RECREATION Deputy Director of operations RECREATIONAL TRAILS PROGRAM (RTP) FEDERAL HIGHWAY ADMIlVISTRATION (FHWA) VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION (DCR) Project Agreement — Preliminary Engineering (PE) Recipient: Roanoke County Project Title: Blue Ridge Mountain Bike Center Project Number: VRT-318-N-170 Project Period: Date of DCR Approval to June 30, 2020 Project Scope of Work: Roanoke County will perform the environmental analysis, surveying, and planning for the Blue Ridge Mountain Bike Center, in accordance with their 2018 RTP grant application. Grant Award Amount: $53,020.00 Funding Sources: FY 17 — Z940 Obligation of Construction Funds: Upon satisfactorily completing all requirements of this Preliminary Engineering sub -grant agreement and a PE closeout being approved by DCR and the FHWA, DCR will submit a request to the FHWA to obligate $270,464.00 in Construction funding for this project. Upon signature of both parties below, the Department of Conservation and Recreation (DCR) and Roanoke County hereinafter referred to as the "Recipient" mutually agree to perform this agreement in accordance with the Recreational Trails Program as codified at 23 U.S.C. 206, the provisions and conditions of the FHWA Interim Guidance dated April 1, 1999, as amended, and with the regulations and requirements governing federal grants as stipulated in 2 CFR Parts 175, 200, 215, 225 and Federal Highway Administration regulations as outlined in 49 CFR Parts 18, 20, 29 and 32 (http://www.whitehouse.i!ov) In accepting this grant, evidenced by the signature below, the Recipient agrees to comply, adhere and abide with the following conditions of this grant agreement: Proiect Execution: 1. Fiscal Procedures, Procurement and Bidding Procedures of the Recreational Trails Program as outlined in Recreational Trails Program Manual. 2. Specific project application and amendments submitted for funding assistance under the Recreational Trails Program. 3. All applicable state, federal and local laws, regulations and ordinances including but not limited to compliance with the Virginia Erosion & Sediment Control and Virginia Stormwater Management Laws & Regulations. 4. The recipient is expected to have a project manager assigned to the project as the primary contact and a designated backup for communicating project status. 5. Submission of Quarterly Progress Reports on status of grant implementation. First report due no later than April 5, 2019. All correspondence pertaining to this project must reference State Project Number VRT-318-N-170. 6. The Recipient agrees to contact both the appropriate state and/or federal agency and DCR if any unexpected environmental concerns are encountered during project construction. 7. The recipient agrees to comply with the Virginia Seed Law to ensure no noxious weed seeds are introduced into the project area. 8. The project period shall begin with the date of approval of the project agreement and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner; in which event, the project shall end on the date of completion or termination. 9. The Recipient will cause work on the project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be pursued to completion with reasonable diligence. 10. The Recipient will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities, pursuant to 40 CFR, Part 15.20 and that it will notify DCR of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. 11. The Recipient will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. 12. The Recipient will comply with the provisions of. Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order 11990 relating to the protection of wetlands. 13. The Recipient will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any federal financial assistance for construction or acquisition purposes, for use in any area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 14. The recipient will take necessary actions to ensure compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects (see CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 15. The Recipient shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 16. The Recipient will comply with Executive Order 12432, "Minority Business Enterprise Development as follows (a) place minority business firms on bidder's mailing lists, (b) solicit these firms whenever they are potential sources of supplies, equipment, construction, or services, (c) where feasible, divide total requirements into smaller needs, and set delivery schedules that will encourage participation by these firms. The recipient will comply with the Disadvantaged Business Enterprise (DBE) Program policy and procedures as outlined in the attached RTP DBE policy. DCR and the Federal Highway Administration are committed to the objectives of this policy and encourage all Recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. 17. Purchase of supplies, equipment or services must be in accordance with the Virginia Public Procurement Act and all applicable state, local and federal laws. 18. Bid documentation must contain notice that the purchase or service is being offered or performed in accordance with the Recreational Trails Program and the Compliance Guidance in the United States Department of Transportation regulations in 49 CFR and applicable parts 18.19 and 26, as amended. 19. Bid documentation must be administratively reviewed by DCR prior to awarding and signing of contracts. Prior to any land disturbances associated with the project, a copy of the advertisement for bid, the bid spreadsheet showing the lowest bidder, evidence of the good faith effort for including DBEs in the bid process and a copy of the executed contract must be submitted to DCR. The expectation is that the award will go to the lowest bidder. Federal procurement laws prohibit negotiation with the lowest bidder. If only one bid response is received then the project must be re -bid. Project work shall not be awarded to any vendor which is debarred or suspended or is otherwise excluded for or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." All vendors and contractors providing supplies, materials, goods, equipment, services, etc. for the project must be licensed in Virginia as required. 20. Recipient must adhere to 23 U.S.C. 206; 2 CFR 200; the Commonwealth of Virginia's construction procurement requirements; the Buy America Act; and the federal requirements outlined in form FHWA 1273. If contradictions occur the Recipient must communicate them to DCR for consultation with FHWA for instructions on how to proceed. Architectural and engineering firms are to be informed that all projects are to be constructed in compliance with all applicable state and local laws and regulations, FHWA 1273, and Buy America Executive Order 13788. 21. The recipient bears sole responsibility for ensuring that all contracts are in compliance with federal and state laws concerning the solicitation of supplies, equipment and services. 22. Copies of the National Environmental Policy Act (NEPA) document (categorical exclusion, environmental assessment, or environmental impact statement), the National Historic Preservation Act section 106, the Endangered Species Act section 7, all permits (land disturber, stormwater management, erosion and sediment control, Virginia Department of Transportation right of way permit for ingress/egress and travel of ATVS across public road right of way, nationwide, local building, etc.) issued for the project are required to be submitted to DCR for the grant file. 23. The Recipient agrees that DCR's waiver or failure to enforce or require performance of any term or conditions of this project agreement or DCR's waiver of any particular breach of this project agreement by the Recipient extends to that instance only. Such a waiver or failure to enforce is not and shall not be a waiver of any of the terms or condition of this project agreement or a waiver of any other breaches of the project agreement by the Recipient and does not bar DCR from asserting any and all rights and/or remedies it has or might have against the Recipient under this project agreement or by law. 24. The Recipient understands that the Recreational Trails Program is a federally funded program subject to actions by congress and regulatory changes which may impact the execution of this project by the Recipient. DCR will work with the Recipient in adjusting to any changes that occur during the life of this project. Record Retention: 1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 49 CFR for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved. The retention period starts from the date of the final expenditure report for the project. The Federal Highway Administration, Comptroller of the United States of America, DCR or any of their authorized representatives shall have access to any books, documents, papers, and records of the recipient which are pertinent to this Recreational Trails Program grant project for the purpose of making audit, examination, excerpts and transcripts. Project Termination: 1. DCR may terminate the project in whole, or in part, at anytime before the date of completion, whenever it is determined that the Recipient has failed to comply with the conditions of the project agreement. DCR will promptly notify the Recipient in writing of the determination and the reasons for the termination, together with the effective date. The recipient understands that terminated projects must return any RTP funding received to DCR for return to the FHWA. Termination by the Recipient either for cause or for convenience requires that any and all RTP reimbursement payments must be returned to DCR for return to the FHWA. Reimbursement Documentation: 1. The recipient understands all funding associated with the Recreational Trails Program is federal funding made possible from the Federal Highway Administration. Reimbursements are paid on an 80% matching reimbursement basis not to exceed the actual out of pocket expense or the approved total award amount provided adequate documentation is submitted by the Recipient to justify expenditures incurred and paid. The Recipient understands that no Commonwealth of Virginia funding is associated with this project and no Commonwealth of Virginia funding will be made available for this project under any circumstances. 2. The recipients understands that reimbursement by the Recreational Trails Program is not a right. Reimbursements are contingent upon satisfactorily completing the authorized scope of work within the approved performance period and submitting required documentation for reimbursement. 3. Each reimbursement request must include: a) A transmittal letter/performance report describing the work completed, challenges, amount of DBE participation in the project (if any), a breakdown by percentage of the total cash, donation, volunteer or in-kind work involved. The transmittal should include the reimbursement amount being requested. b) Receipts, delivery tickets and packing slips for materials and supplies purchased. This is required for all projects including contractor performed work. c) Invoices/Schedule of Values (SOV) itemizing charges. All invoices/SOV should reference the RTP project. Invoices/Schedule of Values must be detailed with an explanation for how the purchases relate to the RTP authorized work. Invoices/Schedule of Values with expenses for materials and supplies without corresponding delivery tickets, packing slips, etc. will not be honored and will be ineligible for reimbursement. When invoices contain other purchases not related to the RTP project, the purchases applying to the RTP project must be clearly identified. d) All invoice/SOV expenditures must have an explanation for how the material, supply or service relates to the RTP authorized work. e) Time cards signed by both the employee and supervisor are required. Time cards are needed for contract labor performed work, force account performed work and volunteer performed work. A description indicating how the work performed by the employee ties to the RTP authorized work is needed. "Trail work" is not acceptable. Unsigned timecards by either the employee or supervisor are ineligible for seeking reimbursement. Incomplete timecards are ineligible for seeking reimbursement. Unsigned and/or incomplete volunteer time cards and/or logs are ineligible for seeking reimbursement. Timecards/volunteer logs for multiple individuals that appear to be in the same handwriting will be deemed ineligible. I) All expenditures must have an accompanying proof of payment in the form of image of cleared check (front and back of check), credit card receipt, payroll ledger or pay stub copies, etc. Internal source documents are not sufficient to prove an outlay of funds. g) Holiday, Annual, Sick leave and Overtime may not be charged to the RTP project. h) Work logs indicating daily tasks completed for the RTP project. Daily work logs are needed for force account, volunteer and contract built projects. i) Materials notebook. The materials used on any project must be documented as approved materials meeting specifications and documented as to the quantities used. The materials notebook must contain the total quantities of materials incorporated into the project including a description of the material, the material supplier and manufacturer. Supporting documentation such as delivery tickets, test reports and certifications demonstrating conformance to specifications is required to demonstrate compliance with Presidential Order 13788 and Buy America Act. The Contractor's quality control manager and the local project manager must sign the materials notebook. Self -built projects require material books and should be signed by the project manager. j) Equipment records must clearly identify machinery, date, time, name of operator, rate of the equipment and description how the equipment was used in accordance with the authorized RTP scope of work. If discrepancies exists between the hours on the operator's time sheets and the equipment records explanations are required to determine eligibility for reimbursement purposes. k) Buy America documentation must be submitted to support iron or steel products used in the RTP project. Documentation includes, but is not limited to, certification by the manufacturer, mill paperwork, etc. Reimbursement documentation must identify all iron, steel, and aluminum parts incorporated into the project with the dollar value of each item as delivered to the project site. Failure to demonstrate compliance with the Buy America Act and Executive Order 13788 will result in no reimbursement being made to the recipient. 1) Documentation providing a summary of the procurement on the RTP project including the Recipient's effort to including DBEs in the project. This documentation includes but is not limited to the final Invitation For Bid, Project Manual, bid spreadsheet showing lowest, responsive and responsible bidder and executed contract. m) Each reimbursement request must be accompanied by a signed Virginia Recreational Trails Program Reimbursement Certification Form. The recipient understands the RTP program requires documentation to justify all expenditures associated with the project before reimbursement can be authorized. Each RTP project is situation specific and additional information to what is listed in this project agreement above may be requested to receive reimbursement. The failure to provide suitable documentation for authorization from the FHWA for payment can result in the inability to be reimbursed for work performed, either in whole or in part. In situations where ambiguity exists in determining how an expense related to the authorized RTP scope of work no reimbursement will be possible. In situations where ambiguity exists regarding the eligibility of an expense no reimbursement will be allowed. 5. A partial or final reimbursement must be submitted by July 5, 2019. A final reimbursement must be submitted by the end of the grant agreement. Failure to do this results in project showing as "inactive" and can result in rescission of funding and termination of this agreement. 6. Reimbursements are normally processed in thirty (30) days once documentation has been received and verified by both DCR and the FHWA. 7. Projects utilizing other federal funds in addition to the Recreational Trails Program funding must demonstrate adherence to the 95% rule which states that the total federal dollars on a project cannot exceed 95%. Each reimbursement request must adhere to this rule. Other federal funding added to the project after RTP approval will not be allowed as a match for the RTP project and expenditures associated with the other federal funding will be ineligible for reimbursement. Federal funds from other sources added after RTP approval could result in rescission of the RTP award when the programs rules and regulations would prohibit the multiple federal funding sources. 8. Twenty percent (20%) of the award amount is held in retainage until the work described in the scope of work is completed and satisfactorily inspected by DCR. 9. RTP recipients with PE projects unable to go to construction within two years of the completion of this PE grant are required to return all funding to DCR for return to the FHWA. Special Conditions 1. The Facility Life assigned to this project scope of work after construction funding has been added to the project is 50 years beginning with the date of final reimbursement. Performance Period 1. The scope of work for this project agreement is expected to be complete and financially closed out by June 30, 2020. Recipients unable to meet this deadline must contact DCR no less than 90 days prior to project expiration. Extensions are not a right and will only be considered in accordance with the extension policy as outlined in the 2018 Recreational Trails Program grant application manual. An extension will only be considered due to documented severe weather conditions, unexpected staff turnover during the project performance period and delays due to unexpected environmental concerns. Provision of a Drug -Free Workplace In compliance with the Drug -Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), upon signing the Recreational Trails Program project agreement, the Recipient certifies that it must: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Recipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establish an ongoing drug-free awareness program to inform employees about: a) The dangers of drug abuse in the workplace; b) The Recipient's policy of maintaining a drug-free workplace; c) Any available drug counseling, rehabilitation and employee assistance programs, and d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Require that each employee be engaged in the performance of a grant be given a copy of the statement; 4. Notify the employee in the statement that, as a condition of employment under the grant, the employee will: a. Abide by the terms of the statement; b. Notify the employer in writing of his or her convictions for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. Notify the agency in writing, within ten calendar days after receiving notice from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the FHWA designates a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Take one of the following actions, within 30 calendar days of receiving notice, with respect to any employee who is so convicted; a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended or b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Make a good faith effort to continue to maintain a drug-free workplace throughout project implementation. Non—Discrimination All activities pursuant to this Agreement shall be in compliance with the requirements of Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§2000d et seg.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seg.); and with all other federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex. Lobbying Prohibition 18 U.S.C. § 1913, Lobbying with Appropriated Moneys, as amended by Public Law 107-273, Nov. 2, 2002 — No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Members or official, at his request, or to Congress or such official, through the proper official channels, requests for legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 31. In witness whereof, the parties hereto have executed this agreement as of the date entered below. Commonwealth of Virginia The Department of Conservation and Recreation E Danette Poole Planning and Recreation Resources Division Director Roanoke County By Print Name Signature Title Date Date -40 o4-'DCR 2018 WginiaDepartment ofLonWFVation&Recreation Recreational Trails Program Application - DCR199-195.pdf Read the Recreational Trails Program Application Manual Before Completing Application Annlication Information Applicant Name Roanoke County Parks, Recreation & Tourism Contact Name & Title Wayne Wilcox / Park & Greenway Planner Street Address 1206 Kessler Mill Rd City, State, Zip Code Salem, VA 24153 Telephone Number 540-777-6324 E-mail Address WWilcox RoanokeCount VA. ov Applicant Type ❑State OLocal ❑Federal ❑Non -Profit Total Pro]ect Cost $ 404,355 * * updated per conversation with Synthia Waymack, Aug 22 2018 6 US Congressional District Number Virginia State Senate District Number 19 Virginia House District Number 17 Project Classification El New Trail Construction El Trail Rehabilitation ❑ Other Award Request Amount $ 323,484 (See grant manual) Name of Representative Name of Representative Name of Representative Bob Goodlatte David R. Suetterlein Christopher T. Head ONew Trailhead ❑ Trailhead Rehabilitation Project Category ONon-motorized ❑Motorized ❑Diversified Trail Uses ❑ Foot (walking, hiking, jogging, running, etc.) 0 Mountain Biking ❑ Cycling ❑ Equestrian ❑ ATV ❑ Dirt Biking ❑ OHV ❑ Biking ❑ Other Right -of -Way Status ❑ Fee Simple Rights to project site ❑ Easement Rights to project site ❑ Do not currently have control of ROW for project site 0 Other Year 5 of a 99 -year lease What is the physical location of the property? The Blue Ridge Mountain Bike Center (BRMBC) is within Explore Park in eastern Roanoke County. Explore Park is at the end of the Roanoke River Parkway, which is a spur of the Blue Ridge Parkway at milepost (MP) 115.2. Visitors also can reach Explore Park along Rutrough Rd (Rte 618) and Roanoke River Greenway (completion estimated in 2020). 1. Purpose and Need Give the purpose and need for the project. Indicate how the project is unique or significant. PURPOSE: = To provide a family -friendly, attractive, progressive setting for learning and enhancing skills used in mountain biking; and, = To provide a fun, challenging, high-profile system of mountain bike trails easily accessible for the Roanoke Valley and for visitors from throughout the East Coast. NEED: A progressive introductory trail system for novices to receive basic instruction and experience in mountain bike riding and develop fundamental skills for further growth. EXPLANATION: Roanoke and Virginia's Blue Ridge are America's East Coast Mountain Biking Capital. In 2018, the International Mountain Bicycling Association (IMBA) named Virginia's Blue Ridge (VBR) as the East Coast's only Silver -level Ride Center. The Blue Ridge Mountain Bike Center (BRMBC) is a central feature of a re -branded Explore Park, as envisioned in the 2016 Explore Park Adventure Plan. Explore Park will have a critical mass of adventure activities, including mountain biking, hiking, horseback riding, whitewater canoing/kayaking, treetop ropes challenge courses, zip lines,several types of camping, special events, and the historical features that the original Explore Park plan featured. But as with any other activity, mountain bike riders don't emerge fully capable and skilled. Riders need places to get started with the sport and to develop strength, stamina, and skills. BRMBC will be the primary location within VBR and its IMBA Ride Center where beginners can go to develop new skills and confidence, and where intermediate riders can enhance their skills. Roanoke County Parks, Recreation & Tourism (RCPRT) developed a master plan for BRMBC in 2017-18, based on a public outreach process which identified these desires: _ "a regional outdoor activity base camp that will introduce people to adventure recreation, bringing together many outdoor activities ranging from basic to moderate levels of challenge. _ "a top-notch, entry-level outdoor introduction with selective opportunities for intermediate and advanced participants, and _ "introducing and educating novices and families to activities, the skills for which can be refined and applied in more remote and demanding conditions." Finally, the 2016 Community Strategic Plan states that "Roanoke County's abundant outdoor recreational opportunities are seen as a means to market the County's high quality of life to young professionals, an increasingly important part of the equation in attracting entrepreneurial businesses to the region. Outdoor recreation that capitalizes on increasing the number of visitors to the area while providing healthy alternatives for citizens is a high priority. Roanoke County will continue to expand and promote the County's outdoor recreational advantages, especially amenities such as Explore Park, greenways, and blueways." K 2. Describe the population service area for the project. Indicate the number of anticipated users within a 15 minute walk or bike ride and 30 minute drive. Be sure to include census data and other documentation to support statements. The Roanoke MPO had a 2010 population of 227,507, and Explore Park expects to draw adventure seekers from across the East Coast. Using the Environmental Systems Research Institute (ESRI) Business Analyst for a 30 -minute drive yields these figures: = Population: 2010: 199,897 in 85,196 households. 2023 projection: 211,165 = Median household income: 2018: $49,232. 2023 projection: $54,436 = Median age: 2018: 42.8 2023 projection: 43.2 = Race/ethnicity: - White alone: 2010 : 77.6% 2023 projection: 72.3% - Black alone: 2010: 16.4% 2023 projection: 17.7% - Hispanic origin: 2010: 3.8% 2023 projection: 6.0% The primary access to Explore Park is from the Blue Ridge Parkway, which draws 15 million visitors each year. Explore Park had over 70,000 visits from July 2016 through June 2017, a 33% increase over the previous year. Explore Park's pastoral setting is a primary and necessary part of its draw, so the areas within a 15 -minute walk are lightly populated. ESRI Business Analyst appears to draw from estimated data rather than actual data for reporting on the population service area, yielding results that look obviously flawed, misleading, and not worth sharing. 3. Describe any linkages being made to other existing trails. Trails are one of the three key systems in the 2016 Explore Park Adventure Plan. The Blue Ridge Mountain Bike Center (BRMBC) will connect to about 14 miles of existing trails in Explore Park, including 7 miles of hiking trails and and 7 miles of shared -use hiking/biking trails. 4. Project Design, Methods and Long -Term Maintenance A. Give the life expectancy for the trail facility. Given proper routine and annual maintenance, Kay -Linn Enterprises estimates that the BRMBC trails should have life expectancies of 50 years or more. B. Quantitatively indicate in miles, linear feet, or other applicable unit what the RTP funding will be used to accomplish. Phase 1 of the Blue Ridge Mountain Bike Center will have about 8,550 LF of new and rehabilitated mountain bike trails, some with skills features, plus about 600 LF of shared use paths for bikes and pedestrians. The BRMBC trails will tie into about 14 miles of existing hiking and biking trails within Explore Park. Later phases of the BRMBC will add 5 more miles of new and rehabilitated trails, with some existing mountain biking trails being obscured. C. Give the length and width of the trail to be constructed and/or rehabilitated. Give the total land disturbance for the project. State what the trail surfacing will be. Most of the 8,550 LF trails at BRMBC will be single-track (30" to 48" wide) with natural surfaces. Some trails will have optional skills features made of rock and other natural materials. The exception in Phase 1 would be Trail 30, the Outer Skills Loop, which will have an aggregate surface. Total land disturbance is estimated at 41,850 SF, or 0.96 acres. Trails: 8,550 LF x 36" w = 25,650 SF Shared use path: 600 LF x 60" w = 3,000 SF Trailhead: (120'x 60') parking + (250 LF x 24'w) driveway = 13,200 SF D. Identify and defend the design standards that will be used for the project. The mountain bike trails at BRMBC will be built according to IMBA and USDA Forest Service guidelines. There are no other national, recognized guidelines on which mountain bike trails are built. AASHTO and VDOT guidelines for shared use paths do not apply to these specialized recreational trails. E. Indicate how the applicant will accomplish the RTP project. Will it be competitively bid for construction, involve volunteer and/or in-kind labor, donations, etc.? Engineering Phase: Roanoke County has worked with a specialized consulting team to develop a master plan (2018 Design Narrative) for BRMBC, and will continue working with that team to develop documents for bidding and permitting. Construction Phase: Roanoke County will procure the construction work through competitive bidding. F. Identify partners involved with the project and what their roles will be. Roanoke County Department of Parks, Recreation & Tourism (RCPRT) will be the grant recipient and will manage the project from planning and design through construction and then operation and management. RCPRT operates Explore Park under a 99 -year lease agreement with the Virginia Recreational Facilities Authority. RCPRT selected a team of specialized consultants led by Balzer and Associates for the planning, design and engineering of the BRMBC. The team includes Kay -Linn Enterprises, Applied Trails Research, IMBA Trail Solutions, and Progressive Bike Ramps. The Roanoke Chapter of the International Mountain Biking Association (RIMBA) has volunteered to assist with maintenance and upkeep of the trails. G. Describe how this proposal addresses ADA accessibility. We will design and construct the main trailhead area for full accessibility according to current standards and guidelines, including pedestrian areas at the trailhead and from there to the central skills park area. Viewing and seating areas at the central skills park area also will be accessible. The mountain bike trails themselves will be built according to standards and practices that do not address accessibility due to their specialized recreational character and needs. The ADA Accessibility Guidelines provide 4 exceptions for Outdoor Developed Recreation Areas, including: 1. Compliance is not practicable due to terrain. 2. Compliance cannot be accomplished with the prevailing construction practices. 3. Compliance would fundamentally alter the function or purpose of the facility or the setting. Each of these three exceptions applies to the mountain bike trails in this skills park to one degree or another, especially #3. (36 CFR 1191, Appendix D, Section 1019) [:i H. Indicate who will be responsible for the long-term maintenance of the trail facility. State what maintenance will occur and how often it will occur. Roanoke County Parks, Recreation & Tourism will have primary responsibility for long-term maintenance of the trails, which will include: = operations and maintenance, = trail grooming and repairs, and = downed tree removals. RIMBA will assist with trail maintenance and upkeep. RCPRT and RIMBA will inspect trails on a regular basis, and will conduct special inspections before special events and after major storms. 5. Project Readiness, Environmental Analysis and Permitting A. Describe the legal control/access for the project property. Roanoke County is in the 5th year of a 99 -year lease with the Virginia Recreational Facilities Authority, which owns the property. Access to Explore Park is via: = the Blue Ridge Parkway and the Roanoke River Parkway lead to the central Adventure Village of Explore Park, from which people can reach BRMBC by trail. = Rutrough Road (Rte 618) leads to the main BRMBC trailhead. = the Roanoke River Greenway will connect to the trails of BRMBC. = the Roanoke River will have 2-3 landing points within Explore Park. B. Describe the environmental analysis that has been conducted for the proposed RTP project. Identify which resources were analyzed and the anticipated impacts to those resources as a result of this project. If no environmental analysis has been conducted for this project then state this. In 2016, Roanoke County contracted with Michael Gaige for a Landscape Inventory and Special Places Report. In his Field Inventory, he notes a few dozen ancient trees and numerous landscape points of interest, aiming for both appreciation of the special places and education about reading the landscape. Environmental analysis has not yet been conducted but will be done as part of the planning and design phase. Construction of the mountain bike trails and skills park will "lay lightly on the land", with minimal disturbance. Construction of the trailhead area will be designed to balance benefits and impacts. C. List the Federal, State and local permits and approvals that will be required for the RTP project. Provide the purpose of each and their status. Stormwater management: to improve the quality and quantity of surface runoff. The methods of stormwater management will be determined during the detailed site design process. E&S/Land Disturbance permit: to prevent and/or mitigate the effects of erosion and sedimentation during the construction phases. The methods will be determined during the detailed site design process. T&E for tree removals (bats): to limit impacts on habitats of threatened and endangered species. The methods will be determined during the detailed site design process. D. Identify and describe any mitigation that is being required for the project. Environmental analysis has not yet been conducted but will be completed as part of the Preliminary Engineering phase. Mitigation as part of stormwater management might be handled in part by dedicating conservation easements on lands owned by the County and/or by Virginia Recreational Facilities Authority (VRFA). The methods will be determined during the detailed site design process. E. Are constructions plans complete for the project? ❑ Yes ❑ No ❑ Other 6. Virginia Outdoors Plan, ConservationVision Outdoor Recreation Model(s) and Local or Regional Plans A. Indicate how this proposal addresses needs in the Virginia Outdoors Plan, ConservationVision Recreation Model(s) and Local or Regional Plans. Attach maps from ConservationVision Recreation Model(s) and excerpts from relevant plan(s) with information highlighted to support statements. The 2013 Virginia Outdoors Plan (VOP) Chapter 10 Region 5 makes several references to the desire for more mountain bike facilities in Virginia's Blue Ridge. The "Trails and greenways" section includes these on page 10.58: = Provide stacked loop trails for equestrians and mountain bikers. = Balance the number of multiuse trails with single -use trail options. = Design trails to minimize multiuse conflicts. = Create a bike skills park that is visible along the river. Roanoke County's involvement in Explore Park changed significantly after the 2013 VOP was published. The 2018 draft VOP (dated 6/13/18) included similar references. = Fig. 2-4 sets mountain biking among the "top outdoor activities for growth". = Fig 2-6 shows trails among the most needed recreational opportunities in the Virginia Outdoor Demand survey = Trails are a major way to enhance the economic benefits of parks (p.30) = Chapter 8 is dedicated to trails. = Chapter 10 Region 5 includes, "Implement the Explore Park master plan." The 2016 Explore Park Adventure Plan began with public input and concluded with findings that included the BRMBC. In 2017-18, Roanoke County worked with a consulting team under Balzer & Associates to develop the Mountain Bike Skills Area Development Design Narrative (2018). IN B. Planning Process Describe the planning process that led to the submission of this RTP application. Indicate if the project is a result of citizen survey, user survey, an approved local plan or other public input process. If public commenting periods were held indicate when they were held, how long the commenting period was open and how the project was modified as a result of receiving public input. Two planning processes led to submission of this RTP application, each with robust public engagement. In 2016, Roanoke County worked with Wallace, Roberts & Todd (WRT) to revision Explore Park in the Explore Park Adventure Plan. Fourteen meetings were held with county staff, the steering committee, and the general public. In an effort to engage the community in shaping the future of Explore Park, the County conducted a broad public outreach program including designation of a steering committee with a wide range of representation. The County conducted meetings with the steering committee, stakeholders and general public both in person and by way of a user survey. In 2017-18, Roanoke County worked with a consulting team under Balzer and Associates to develop the Mountain Bike Skills Area Development Design Narrative (2018). The public outreach process identified these desires: = "a regional outdoor activity base camp that will introduce people to adventure recreation, bringing together many outdoor activities ranging from basic to moderate levels of challenge. = "a top-notch, entry-level outdoor introduction with selective opportunities for intermediate and advanced participants, and = "introducing and educating novices and families to activities, the skills for which can be refined and applied in more remote and demanding conditions." Is 7. Budget Attach a detailed, itemized budget showing the total project cost for the project (architectural and engineering work, environmental analysis, permitting and construction). The total project cost of the project will be used for adhering to the RTP categorical requirements. The engineering, environmental and permitting fees will be used to determine the amount of the PE grant that will be awarded for selected projects. 8. Match Composition Clearly identify all funding sources and their amounts for the project. Identify which sources will be used as a match. Designate if the match is a hard match (cash) or soft (volunteer, donations, etc.) Do not list the RTP funding as a source. If other grants are involved with the proposed RTP project, a copy of the authorized agreement and contact information for the awarding agency must be included with the RTP grant application. Pending grants are ineligible. Projects involving other federal funding must be able to adhere to the 95% rule for each reimbursement request. The Recreational Trails Program is an 80-20 matching reimbursement program. hi submitting the RTP application for funding the applicant is certifying they have funding committed to the project for its completion while seeking periodic reimbursement. 9. Application Attachments A. Project Timeline B. Location Maps: location within Virginia, location within locality, location within park, etc. C. Graphic showing trail alignment, location of trailheads, overlooks, linkages to other existing trails, etc. D. Graphic showing trail alignment with beginning, mid -point, and end point, latitudes and longitudes E. Documentation showing applicant has control of the right-of-way(deed, easement, license agreement, etc.) F. Supporting documentation to verify statements made within application (user data, financial commitments for project, public notice announcements, ConservationVisions Model(s) maps, Virginia Outdoor Plan citations,etc.) G. Photographs H. Letters of support (no more than 5) 10. Certification By submitting this application for consideration for funding through the Recreational Trails Program, I hereby certify the information contained in this application is true and correct. I understand this application will be rated on the basis of the information submitted and the submission of incorrect or inaccurate data or an incomplete application can result in this application becoming ineligible for funding. I hereby certify that the applicant will comply with all Federal, Commonwealth of Virginia and local laws and regulations. I hereby certify that the applicant understands the Recreational Trails Program is an 80-20 matching reimbursement program requiring verification of expenditures in order to receive reimbursement, either partial or in full. Further, in signing and submitting this application, I hereby certify that the applicant has IN finding committed to the project and is capable of financing the project while seeking periodic reimbursement. Name Wayne T. Wilcox Title Park & Greenway Planner Applicant Signature Date 7/17/18 13 Y S�Ib2Jl JNIlSIX3 NO GIV�213AO s�ozsv z VE3U { S-1I1AS 87118 N[ViNnovq o . S-11V2J1 L 3S`dHd '01N3INHOViiV NHvd 9801dx3 mo 4— I rs o lo W t J f _ 3 O DO' �. a0. �1 dO 1 op f �� �,�-- / — r % ',p AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 8, 2019 ORDINANCE APPROPRIATING $323,484 TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, FOR MOUNTAIN BIKE TRAILHEAD CONSTRUCTION AND MOUNTAIN BIKE TRAIL REHABILITATION AND CONSTRUCTION AT EXPLORE PARK WHEREAS, Roanoke County has received a grant in the sum of $323,484 from the Virginia Department of Conservation and Recreation for the County to enhance its mountain biking trail system at Explore Park; and WHEREAS, it is accordingly proposed that Roanoke County rehabilitate an existing trail, build a new trailhead and construct a new series of loop mountain bike trails; 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 December 18, 2018, and the second reading was held on January 8, 2019. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. That the sum of $323,484 is hereby appropriated to the Department of Parks, Recreation and Tourism, for the construction of a mountain bike trailhead, and for additional repair and construction of mountain bike trails Explore Park. 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 1 ACTION NO. ITEM NO. H.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: January 8, 2019 Appointments to Committees, Commissions and Boards Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Daniel R. O'Donnell County Administrator Open district appointments. BACKGROUND: 1. Budget and Fiscal Affairs Committee (BFAC) (appointed by District) The following District appointments remain open: Cave Spring Magisterial District Vinton Magisterial District Budget and Fiscal Affairs Committee (BFAC) (At -Large) Two open appointments 2. Economic Development Authority (EDA) (appointed by District) The following four-year term expired on September 26, 2017: a) Steve Anderson, representing the Cave Spring Magisterial District is eligible for reappointment Page 1 of 2 3. Library Board (appointed by District) The following District appointment remains open: Vinton Magisterial District FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 8, 2019 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- 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 January 8, 2019, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 2 inclusive, as follows: 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Vera L. Brown, Treasurer Clerk Supervisor, upon her retirement after more than fifteen (15) years of service 2. Confirmation of appointments to the Blue Ridge Behavioral Health Care Board; Community Policy Management Team; Roanoke Center for Animal Care and Protection; Roanoke Outside, Roanoke Regional Partnership; Roanoke Valley Broadband Authority; Roanoke Valley Regional Juvenile Detention Center; Regional Court Community Corrections Advisory Board; Regional Drug Court Advisory Board; Roanoke Valley Regional Commission; South Peak Community Development Authority (CDA); Western Virginia Regional Industrial Facilities Authority (including Participation Committee) Western Virginia Regional Jail Authority; Western Virginia Water Authority and Virginia's Blue Ridge (CVB) Page 1 of 1 ACTION NO. ITEM NO. 1.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: January 8, 2019 Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Vera L. Brown, Treasurer Clerk Supervisor, upon her retirement after more than fifteen (15) years of service Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Daniel R. O'Donnell County Administrator Recognition of the retirement of Vera L. Brown BACKGROUND: Vera L. Brown retired on January 1, 2019, after more than fifteen years of service with Roanoke County's Treasure's Office. Ms. Brown is unable to attend today's meeting and her quilt and resolution will be mailed to her home. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, JANUARY 8, 2019 and RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO VERA L. BROWN, TREASURER CLERK SUPERVISOR, UPON HER RETIREMENT AFTER MORE THAN FIFTEEN (15) YEARS OF SERVICE WHEREAS, Ms. Brown was employed by Roanoke County on February 17, 2003; WHEREAS, Ms. Brown retired on January 1, 2019, after fifteen years and eleven months of devoted, faithful and expert service to Roanoke County; and WHEREAS, during Ms. Brown's tenure she has served as a Treasurer Clerk III and Treasurer Clerk Supervisor and served with professionalism and dedication in providing services to the citizens of Roanoke County; and WHEREAS, throughout Mrs. Browns career with Roanoke County, she chose to advance her education and professionalism by participating in the Master Governmental Deputy Treasurer program with the Treasurers Association of Virginia as adopted by the Virginia General Assembly in 2004; and WHEREAS, Mrs. Brown achieved and was awarded her designation as Master Governmental Deputy Treasurer on November 15, 2010 by the Treasurers Association of Virginia in conjunction with the Weldon Cooper Center at the University of Virginia, subsequently recertifying in 2014 and 2018; and WHEREAS, Mrs. Brown during her tenure with the Treasurer's Office also pursued and received her third Bachelor's Degree in 2008, in Organization Management and Development from Bluefield college; and Page 1 of 2 WHEREAS, Mrs. Brown immediately utilized her field of study, in developing the first set of truly comprehensive office procedure manuals, encompassing every position and function within the office; and WHEREAS, Mrs. Brown, went above and beyond her duties, by participating in several key County and Office projects, including the accounts receivable software platform change, and the County General Ledger platform change; and WHEREAS, Mrs. Brown was an integral and reliable employee for the County of Roanoke demonstrating the personal empathy and caring for all of our citizens and employees. 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 VERA L. BROWN for more than fifteen 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. Page 2 of 2 ACTION NO. ITEM NO. 1.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: January 8, 2019 Confirmation of appointments to the Blue Ridge Behavioral Health Care Board; Community Policy Management Team; Roanoke Center for Animal Care and Protection; Roanoke Outside, Roanoke Regional Partnership; Roanoke Valley Broadband Authority; Roanoke Valley Regional Juvenile Detention Center; Regional Court Community Corrections Advisory Board; Regional Drug Court Advisory Board; Roanoke Valley Regional Commission; South Peak Community Development Authority (CDA); Western Virginia Regional Industrial Facilities Authority (including Participation Committee) Western Virginia Regional Jail Authority; Western Virginia Water Authority and Virginia's Blue Ridge (CVB) Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Daniel R. O'Donnell County Administrator Confirmation of appointments BACKGROUND: Due to changes in staff, appointments needed to be made to several Boards and Commissions. DISCUSSION: It is the consensus of the Board to recommend the following appointments and terms: Page 1 of 3 Blue Ridge Behavioral Health Care Board: Richard Caywood, Assistant County Administrator, will fill the unexpired three-year term of Daniel R. O'Donnell, which expires December 31, 2019. Community Policy and Management Team: Rebecca Owens will replace Daniel R. O'Donnell as the Roanoke County Local Government Official. There is no term date to this appointment. Laurie Gearheart will replace Rebecca Owens as the Roanoke County Finance representative. There is no term date to this appointment. Roanoke Valley Broadband Authority: Daniel R. O'Donnell will be the Administrative appointee. There are no term limits associated with this appointment. Roanoke Valley Regional Juvenile Detention Center Commission: Richard L. Caywood, Assistant County Administrator, will fill the unexpired four-year term of Daniel R. O'Donnell, which expires June 30, 2022. Regional Court Community Corrections Advisory Board: Richard L. Caywood, Assistant County Administrator, will fill the unexpired three-year term of Daniel R. O'Donnell, which will expire June 30, 2019. Regional Drug Court Advisory Board: Richard L. Caywood, Assistant County Administrator, will be the Administrative appointee in accordance with State Code. There is no term limit Roanoke Valley Regional Commission: Daniel R. O'Donnell, County Administrator, will fill the unexpired three-year term of Thomas C. Gates as the Non -Elected member on the Commission. This term will expire June 30, 2020. South Peak Community Development Authority (CDA): Daniel R. O'Donnell, County Administrator, will fill the unexpired four-year term of Thomas C. Gates. This term will expire October 25, 2020. Page 2 of 3 Western Virginia Regional Industrial Facilities Authority (and Participation Committee): Daniel R. O'Donnell, County Administrator, will fill the unexpired four-year term of Thomas C. Gates. This term will expire February 4, 2022. Western Virginia Regional Jail Authority: Richard C. Caywood, Assistant County Administrator, will fill the expired one-year term as Administrative Official (alternate). This term will expire December 31, 2018. Rebecca Owens, Assistant County Administrator, will fill the expired one-year term as Administrative Official. This term will expire December 31, 2018. Western Virginia Water Authority: Daniel R. O'Donnell, County Administrator, will fill the unexpired four-year term of Thomas C. Gates. This term will expire June 30, 2019. Virginia's Blue Ridge (CVB): Daniel R. O'Donnell, County Administrator, will fill the unexpired four-year term of Thomas C. Gates. This term will expire June 30, 2021. FISCAL IMPACT: There is no fiscal impact associated by this item. STAFF RECOMMENDATION: Staff recommends approval of all appointments. Page 3 of 3 CL CL v � c m � c ■ bD c a 0 U 2 § m � � 2 2 � ■ m CL 0 CL CL m c � N �� 0 k 77 0 Ln S 00 . E e 00 , � � '7p 00 00 k k = 2 / Ln tka§ u � » § § . f § 2 ILn ' § q Ln 00 0 CLCL k co c � 7 \ _ \00 0 00 � ) \ 0 ./ ƒ E \> 2 m e o / ƒ00 \ >' p ( 2 2 e \ k \ 0 \ , / 0 06 § \ \ m _ E Li2 k § ° k/ \ , 22 L # I ; o & m m ; } § @ a / / CL \ 2 2Ait 2 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Audited Outstanding June 30, 2018 Additions Deletions General Obligation Bonds $ 2,765,175 $ - VPSA School Bonds 78,883,082 27,875,000 Lease Revenue Bonds 81,845,705 Outstanding January 8, 2019 $ 2,765,175 8,121,855 98,636,227 2,935,000 78,910,705 $ 163,493,962 $ 27,875,000 $ 11,056,855 - $ 180,312,107 Submitted By Laurie L. Gearheart Acting Director of Finance Approved By Daniel R. O'Donnell County Administrator ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: January 8, 2019 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 30 -Nov -18 SUMMARY OF INFORMATION: CASHINVESTMENT: SUNTRUST CON 29,225,689.86 29,225,689.86 CrZOPA=1N �il�►�� SCOTT STRINGFELLOW CONTRA (258,728.00) SCOTT STRINGFELLOW 44,004,447.50 WELLS FARGO 8,000,000.00 WELLS FARGO CONTRA (75,980.00) 51,669,739.50 LOCAL GOVT INVESTMENT POOL: 3,514,892.55 GENERAL OPERATION 7,151,804.47 7,151,804.47 MONEY MARKET: AMERICAN NATIONAL BANK 2,039,564.40 BRANCH BANKING & TRUST 96,150.73 HOMETRUST BANK 11,522.88 SCOTT STRINGFELLOW - JAIL 1,132,432.36 SCOTT STRINGFELLOW 3,514,892.55 WELLS FARGO 4,097,911.09 BANK OF THE JAMES 504,147.17 11,396,621.18 TOTAL 99,443,855.01 01/08/2019 ACTION NO. ITEM NO. M.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: January 8, 2019 Work session to review Comprehensive Financial Policy Rebecca Owens Assistant County Administrator Daniel R. O'Donnell County Administrator Annual review of Comprehensive Financial Policy for the County of Roanoke BACKGROUND: One of the measures of a fiscally well managed local government is the adoption of formal fiscal policies. Roanoke County has recognized the need to develop financial management policies that reflect longstanding principles and practices that have enabled the County to maintain its sound financial position. DISCUSSION: On April 24, 2018, the Board of Supervisors approved the Comprehensive Financial Policy. This policy requires an annual review. The purpose of the work session is to provide recommendations for changes/updates to the policy. Page 1 of 1 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY Section 1 — Overview Policy Number EFFECTIVE DATE JULY 1, 201 PAGE 1 OF 16 Background Fiscal integrity is a top priority for the County of Roanoke. The County's financial policies establish the framework for financial planning and management and provide guidelines against which budgetary performance can be measured and proposals for future funding can be evaluated. The policies further ensure that the County continues to be a model for excellence in government by providing direction in the areas of revenues, operating expenditures, Capital Improvement Program, reserves and debt management. 2. Purpose The primary objective of financial management policies is for the Board of Supervisors to create the framework for making sound financial decisions. The County Administrator is responsible for the daily administration of the Board's policies and general County operations. The County Administrator may designate other County officials to assist in the administration of these policies. These financial management policies are a statement of the guidelines and goals that influence and guide the financial management practices of the County of Roanoke. Financial management policies that are adopted, adhered to, and regularly reviewed are recognized as the cornerstone of sound financial management. 3. Objectives A. To contribute significantly to the County's ability to insulate itself from fiscal crises and economic disruption in order to ensure continuous delivery of public services. B. To provide sound principles to guide the important decisions of the Board and of management which have significant fiscal impact. C. To assist sound management of County government by providing accurate and timely information on financial condition. D. To promote long-term financial planning in regards to both day-to-day operations and capital improvements. E. To set forth operational principles which minimize the cost of government, to the extent consistent with services desired by the public, and which minimize financial risk. F. To ensure the legal use of all County funds through a good system of financial security and internal controls. G. To employ policies which prevent undue or unbalanced reliance on certain revenues, which distribute the costs of county government services as fairly as possible, and which provide adequate funds to operate desired programs. H. To provide essential public facilities and prevent deterioration of the County's public facilities and its capital plan. I. To enhance access to short-term and long-term markets by helping to achieve the highest credit and bond ratings possible. J. To protect and enhance the County's credit rating and prevent default on any debts. COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY Section 2 — Financial Reporting Policy Number EFFECTIVE DATE JULY 1, 201 PAGE 2 OF 16 The County's accounting and financial reporting will comply with: A. Generally Accepted Accounting Principles of the United States of America (GAAP) B. Government Accounting Standards (GAS), issued by the Comptroller General of the United States C. The Uniform Financial Reporting Manual, issued by the Auditor of Public Accounts of the Commonwealth of Virginia D. Specifications for Audits of Counties, Cities and Towns, issued by the Auditor of Public Accounts of the Commonwealth of Virginia E. Circular A-133 Audits of States, Local Governments, and Non -Profit Organizations, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and the Compliance Supplement, issued by the U.S. Office of Management and Budget F. The Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting and Distinguished Budget Presentation Award Programs G. The Code of Virginia, and other legal and regulatory bodies' requirements, as applicable 2. The County will establish and maintain an internal control structure designed to protect the County from loss, theft and misuse. The structure will be designed to provide reasonable assurance of that objective; the concept of reasonable assurance recognizes that: A. The cost of a control should not exceed the benefits likely to be derived B. The valuation of costs and benefits requires estimates and judgments made by management 3. The County will also maintain a complete inventory of capital assets meeting its capitalization thresholds, in accordance with Generally Accepted Accounting Principles of the United States of America. 4. A comprehensive, annual financial audit, including an audit of federal grants, will be conducted by an independent public accounting firm, and the results of that audit will be presented publicly to the Board of Supervisors by December 31, following the end of the previous fiscal yea r. Section 3 — Annual Budget Budget Ordinances A. The County's Annual Budget Ordinances will be balanced, adopted and administered in accordance with the Local Government Budget and Fiscal Control Act (N. C. G. S 159- 8{a}). This Act states that a budget ordinance is balanced when the sum of estimated net revenues and appropriated fund balances is equal to appropriations. B. The General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Schools and Internal Service Funds shall have legally adopted budgets through the annual budget ordinances. COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY Policy Number EFFECTIVE DATE JULY 1, 201 PAGE 3 OF 16 C. County staff shall provide for approval by the Board five ordinances providing appropriations for County and Schools operating, capital, and transfers. These ordinances will include: 1. An ordinance appropriating funds for the County's fiscal year operations budget. 2. An ordinance appropriating funds for the County's fiscal year capital budget. 3. An ordinance appropriating funds for the County's transfers to, and on behalf of, the Schools. 4. An ordinance appropriating funds for the Schools' fiscal year operations budget. 5. An ordinance appropriating funds for the Schools' fiscal year capital budget. D. The Board does not legally adopt budgets in instances where the County acts as fiscal agent for trust and agency funds. 2. Budgeting Process A. County staff shall provide to the Board a calendar of significant dates and legal requirements associated with the next fiscal year budget no later than October of each year. B. The County Administrator shall submit to the Board a balanced Capital Budget in January and a balanced Operating Budget in March for the next fiscal year. C. After a series of work sessions and public hearings on the budget, the Board of Supervisors shall adopt the annual operating and capital budgets for both the County and the Schools in May for appropriations effective July 1 of the next fiscal year. 3. Budgeting Philosophy The budget will provide for current expenditures balanced with current revenues. It will address the adequate maintenance and orderly replacement of capital assets, and the adequate funding of all retirement systems and other post -employment benefits (OPEB). Funding shall be identified for incremental operating costs associated with capital projects in the operating budget after being identified and approved in the Capital Improvement Program. 4. Budget Monitoring The County will maintain a budget control system and staff will monitor and evaluate expenditures and revenues as compared to budget and/or prior year-to-date reports. The County Administrator will propose recommendations to the Board for adjustments as needed. Section 4 — Revenues and Expenditures 1. Revenues A. The County will strive to maintain a diversified and stable revenue system to shelter the organization from fluctuations in any single revenue source and ensure its ability to provide ongoing service. B. The County's annual revenue streams consist of local, state, federal and other financing sources. It is the County's policy for one-time revenues to be used to fund capital projects or other non-recurring expenditures. County staff will provide revenue estimates for the COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY Policy Number EFFECTIVE DATE JULY 1, 201 PAGE 4 OF 16 next fiscal year by using historical data, current economic conditions, and future economic projections. C. Revenue estimates are monitored on a regular basis to identify any potential trends that would significantly impact the revenue sources. In January of each year, County staff will provide for information to the Board a mid -year update of current year revenues as relates to the adopted budget. In September of each year, or soon thereafter as preliminary year- end revenue estimates are available, County staff will provide for information to the Board a year-end comparison of budgeted to actual revenues for the previous fiscal year. 2. Revenue Team A. A Revenue Team composed of County staff and appropriate Constitutional Officers meets to review current construction trends, the number of authorized building permits, housing sales, mortgage rates, and other economic data which impact Real Estate Tax revenue collections. B. In addition, the Revenue Team uses statistical models to estimate revenue categories including but not limited to: the Personal Property Tax; Local Sales Tax; Business, Professional, and Occupational License Tax; Consumer Utility Tax; Hotel and Motel Tax; Meals Tax; and Recordation Tax. 3. Fees and Charges A. Roanoke County, where possible, institutes user fees and charges for providing specialized programs and services. Established rates recover operational costs, indirect costs, and capital or debt service costs. The County will regularly review user fee charges and related expenditures to determine if it is meeting pre -established recovery goals. B. As part of the budget development process, County staff shall produce an annual Fee Compendium to be adopted by the Board of Supervisors at the same time as adoption of the Annual Budget Ordinances. The Fee Compendium will list all fees and charges imposed by the County for providing specialized programs and services. The Fee Compendium will provide details on the type of fee, authority to levy the fee, current fees, and proposed changes to the current fees. 4. Revenue Sharing Formula with Schools The Revenue Sharing formula establishes a mechanism to share County revenue with the Schools through the application of a formula. The formula accounts for the shifting dynamic between the level of student enrollment and the overall population of the County to determine a revenue sharing ratio that provides both organizations an equitable amount of resources relative to need. The allocation formula includes the following calculations: A. Calculate Three -Year Average: Establish a three year rolling average index for the changes in county population and student enrollment. Using a rolling average eliminates significant fluctuations from year to year while recognizing that these trends affect the provision of services. The statistics used for this index will be derived from publicly available sources as follows: 1. County population - Population numbers published in the statistical section of the Roanoke County Comprehensive Annual Financial Report (County CAFR). COUNTY OF ROANOKE Policy Number PAGE 5 OF 16 Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 201 2. Student enrollment - Average Daily Membership (ADM) published in the statistical section of the Roanoke County Schools Comprehensive Annual Financial Report (School CAFR) and the Budget and Salary Scales (adopted budget). B. Calculate Net Allocation Change: 1. Calculate a payroll factor using the percentage of school personnel budget to total personnel budget for the County and the Schools for the current year. 2. The payroll factor should be applied to the change in the three year rolling average index and then applied to the current year index to arrive at a net tax allocation change for the new budget year. C. Calculate Increase/(Decrease) in School Transfer: 1. Apply the net tax allocation change to the allocation percent calculated in the prior year to arrive at the new percent of adopted budget net taxes. This percent is then applied to the projected County revenues for total general property taxes and total other local taxes as published in the Roanoke County Annual Financial Plan (General Fund Summary of Revenue). 2. The amount budgeted to Visit Virginia's Blue Ridge (previously committed by Board of Supervisors action) will be subtracted from the General Property and Local Tax projection. 3. New economic development incentives will be subtracted from the General Property and Local Tax projection and added back when each incentive arrangement expires. 4. Increases in the amount budgeted for Comprehensive Services Act (CPMT) will be subtracted from the General Property and Local Tax projection (since this provides benefits to and satisfies obligations of both the school and general population). 5. The increase or decrease in the school transfer is then added to or deducted from the transfer to schools for the previous year to arrive at the total transfer to schools for the next budget. D. The Schools Revenue Sharing formula calculation shall be included in the County's annual financial plan. E. Other: 1. During each annual budget preparation cycle, County staff and School staff shall work collaboratively to determine the increase or decrease in the operating allocation to the schools from the County. 2. The allocation of revenues are subject to annual appropriations by the Board of Supervisors. 5. Expenditures The County's expenditure budget is divided into functional areas (departments), transfers, non -departmental, and capital fund expenditures. In coordination with departments, Budget staff will monitor expenditures throughout the fiscal year to ensure compliance with legal requirements and accounting standards. Expenditure estimates are monitored on a regular basis to identify any potential trends that would significantly impact the approved budgeted expenditure levels. In January of each year, County staff will provide for information to the Board a mid -year update of current year COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY Policy Number EFFECTIVE DATE JULY 1, 201 PAGE 6 OF 16 expenditures as relates to the adopted budget. In September of each year, or soon thereafter as preliminary year-end expenditure estimates are available, County staff will provide for information to the Board a year-end comparison of budgeted to actual expenditures for the previous fiscal year. 6. Board of Supervisors Contingency Expenditure Budget The Board of Supervisors generally appropriates a Contingency budget to provide for unanticipated expenditures that arise during the year. This budget is recommended to be established at a minimum of $50,000, though the Board has the discretion to alter that amount through the budget appropriation process. The use of these funds require approval of the Board of Supervisors. 7. Expenditure Budget Transfers Language is included in the annual Operating and Capital Budget Ordinances providing the County Administrator, or his/her designee, the authority to transfer funds within and between appropriation functions. Amendments impacting the level of budget authority established by fund through the Annual Operating and Capital Budget Ordinances must be approved by the Board as a supplemental budget appropriation. Language governing expenditure budget transfers will be reviewed by staff and approved by the Board on an annual basis. 8. Revenue and Expenditure Forecasting A forecast of General Fund expenditures and revenues is developed as part of each year's budget process and is periodically updated. Individual and aggregate revenue categories, as well as expenditures, are projected by revenue and/or expenditure type. Historical growth rates, economic assumptions and County expenditure priorities are all used in developing the forecast. This tool is used as a planning document for developing the budget guidelines and for evaluating the future impact of current year decisions. Forecasts of revenues and expenditures are also developed for the County's Capital Improvement Program. Information regarding those forecasts can be found in the section entitled "Capital Improvement Planning" 9. Fiscal Impact Review It is County policy that all items having potential fiscal impact be presented to the Board of Supervisors for review. This review can be part of the annual operating or capital budgets, or as part of the "Fiscal Impact" section of a Board Report Form, which accompanies all Board agenda items. Effective management dictates that the Board of Supervisors and County citizens be presented with the direct and indirect costs of all items as part of the decision making process. 10. End of Year Desianations All General Government unexpended appropriations and all General Government revenues collected in excess of appropriated revenues at the end of the fiscal year will not lapse but shall be re -appropriated and recommendations for use and will be presented to the Board of Supervisors for approval during the final year-end report. COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY Section 5 — Capital Improvement Planning Policy Number EFFECTIVE DATE JULY 1, 201 PAGE 7 OF 16 Ten -Year Capital Improvement Program (CIP) The County Administrator annually will submit to the Board for its consideration a ten-year Capital Improvement Program (CIP) pursuant to the timeline established in the annual budget preparation schedule. For inclusion in the Capital Improvement Program, a project or collection of projects generally must have an estimated useful life that exceeds five years with a total project cost of at least $100,000. The Capital Improvement Program shall include the following elements: A. A statement of the objectives of the Capital Improvement Program and its relationship to the County's Strategic Plans, as applicable; B. An estimate of the cost and anticipated sources of funds for each project included in the Capital Improvement Program. Each year of the ten-year program must be balanced in that all capital expenditures included in the plan must have an identified funding source. C. A summary of capital projects considered, but not included in the balanced ten-year program. D. An estimate of the fiscal impact of the project, including additional operating costs or revenues impacting the County's Operating Budget associated with the project. E. Adherence to all policies related to debt and debt service as described in the section entitled "Debt Management". 2. Capital Year Budget The first year of the Capital Improvement Program, also known as the Capital Year Budget, will be appropriated by the Board as part of the adoption of the annual Capital Budget Ordinance. The annual Capital Budget Ordinance shall set forth specific provisions regarding funds remaining at project completion and the ability of the County Administrator to transfer funds to facilitate the completion of an existing project. 3. Facilities Assessment The County and Schools shall obtain an independent, professional, and comprehensive facilities assessment to ascertain the present condition of each facility, and to assist the County and the Schools in forecasting capital funding requirements to address deficiencies. The assessment shall also be used to establish priorities for the maintenance, repair, enhancement, or replacement of facilities and their component systems, and to be used in the development of the Capital Maintenance Program and Capital Improvement Program. Further, the analysis as presented in the assessment shall be useful when identifying and justifying needs to support a future bond issue. This evaluation shall be reviewed internally by staff on an annual basis and updated by an independent professional every 7-10 years after the initial evaluation. COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY Policy Number EFFECTIVE DATE JULY 1, 201 PAGE 8 OF 16 4. Capital Project Status Reports On a bi-annual basis, County staff shall provide the Board with a summary status of all active capital projects. The summary shall include status of the project, financial information, and other relevant information as determined by staff. Section 6 — "Pay-as-you-go" Financing 1. A number of options are available for financing the Capital Improvement Program, including bond proceeds and other non -County funding sources (e.g. grants and private capital contributions). The County generally looks to maximize the use of current revenue, or "pay-as- you-go" financing. Financing capital projects from current revenues indicates the County's intent to show purposeful restraint in incurring long-term debt. 2. The decision for using current revenues to fund a capital project is based on the merits of the particular project in relation to an agreed upon set of criteria, including balancing capital needs versus operating needs. In determining the merits of "pay-as-you-go" financing, non-recurring revenues should not be used for recurring expenditures. Section 7 — Debt Management 1. Legal Requirements The County shall comply with all requirements of the Code of Virginia and other legal and regulatory bodies' requirements regarding the issuance of bonds and other financing sources for the County or its debt issuing authorities. The County shall comply with the U.S. Internal Revenue Service arbitrage rebate requirements for bonded indebtedness. In addition, the County will institute a control structure to monitor and ensure compliance with bond covenants. 2. Purposes for Debt Issuance The County may issue debt for the purpose of acquiring or constructing Capital Projects, including buildings, machinery, equipment, furniture and fixtures. This includes debt issued on behalf of the Schools for the same purposes. When feasible, debt issuances will be pooled together to minimize issuance costs. The Capital Improvements Program will identify all debt - related projects and the debt service impact upon operations identified. 3. Guidelines for Issuing Debt The County recognizes that the essential components of a debt policy are the limitations and guidelines set by the locality. The following guidelines reflect the County's philosophy concerning indebtedness: A. Debt issuances are limited to $10 million annually with one year designated for County capital projects and two years designated for School Capital projects included in the adopted Capital Improvement Program (CIP). Bond funding shall be allocated to the County in FY 2020, FY 2023, 4H.4 FY 2026 and FY 2029; to the SchoolsFy 201 , FY 2021, FY 2022, FY 2024, FY 2025, FY 2027, and FY 2028. Effective with capital projects COUNTY OF ROANOKE Policy Number PAGE 9 OF 16 Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 201 appropriated on or after July 1, 2018 (FY 2019), bond funding may be "banked" for purposes of accumulating bonding capacity where project costs exceed the $10 million limit. B. The County will not use short-term borrowing to finance operating needs, except in instances as described under "Revenue Anticipation Notes". C. Long-term debt will be used in compliance with all aspects of the debt policy. D. The maturity of any debt will not exceed the expected useful life of the project for which the debt is issued. No bonds greater than twenty (20) years will be issued. E. Each project proposed for financing through debt issuance will have a multi-year analysis performed for review of the debt service impact on the County's General Government Operating Budget and an analysis on the County's approved Debt Ratios as indicated in the section entitled "Debt Limits". F. At a minimum, all issuances of Debt require approval and appropriation of the proceeds by the Board of Supervisors with additional approvals, if applicable, indicated in the section entitled "Types of Debt/Structural Features". 4. Funding Sources for the Debt Payment Reserve Fund A. Annual contributions to the Debt Payment Reserve Fund shall total $8.2 million from the following sources: $4.2 million from County sources, $2.2 million from School sources, and $1.8 million from expired Economic Development incentives. Additionally, changes in debt service payments beneficial to the fund shall be retained by the Fund. Contributions will be accounted for in the Debt Payment Reserve Fund. B. The Debt Payment Reserve Fund will use a benchmark interest rate assumption of six percent (6%). Contribution levels to support the capital financing plan will be reviewed annually and changed upon mutual agreement of the Board of Supervisors and School Board. C. Funding in the amount of $1 million from the County and $1 million from the Schools will continue for the Capital Maintenance Programs and be included in the Capital Improvement Program. Section 8 — Debt Limits The County does not have any Constitutional or Statutory Debt Limits. The County does abide by the following self-imposed debt targets: A. Net Outstanding and Projected Debt as a Percentage of Total Taxable Assessed Value will not exceed three percent (3%) in the current fiscal year or subsequent fiscal years as detailed in the County's Capital Improvement Program. B. General Obligation Current and Projected Debt Service as a Percentage of General Government Expenditures will not exceed ten percent (10%) in the current fiscal year or subsequent fiscal years as detailed in the County's Capital Improvement Program. General Government expenditures include the Governmental Fund expenditures, the School Board component unit expenditures, and County and School transfer to capital projects and Proprietary Funds as outlined in the County's Comprehensive Annual Financial Report (CAFR). COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY Policy Number EFFECTIVE DATE JULY 1, 201 PAGE 10 OF 16 2. All debt ratio calculations shall include debt issued on behalf of the Schools. These ratios will be calculated each year in conjunction with the budget process and the annual audit. Section 9 — Types of Debt/Structural Features 1. Revenue Anticipation Notes A. The County's General Government Fund Balance was designed to provide adequate cash flow to avoid the need for Revenue Anticipation Notes (RANs). B. The County may issue RANs in an extreme emergency beyond the County's control or ability to forecast when the revenue source will be received subsequent to the timing of funds needed. C. The County will issue RANs for a period not to exceed the one year period permitted under the Constitution of Virginia, Article VII section 10. 2. General Obligation Bonds A. The Constitution of Virginia, Article VII section 10, and the Public Finance Act provide the authority for a County to issue General Obligation (GO) Debt with no limit on the amount of GO Debt that a County may issue. The County may issue GO Debt for capital projects or other properly approved projects. B. All debt secured by the general obligation of the County must be approved by the Board of Supervisors and a public referendum, with the exception of Virginia Public School Authority (VPSA) Bonds and State Literary Fund Loans, which do not need approval by referendum. 3. VPSA Bonds and State Literary Fund Loans A. School capital projects may be constructed with debt, either through VPSA Bonds or State Literary Fund Loans, and refunding bonds with preference given to accessibility and interest rates. B. Approval of the School Board is required prior to approval by the Board of Supervisors. 4. Lease/Revenue Bonds A. The County may issue Lease/Revenue bonds to fund enterprise activities or for capital projects that will generate a revenue stream. B. The bonds will include written covenants, which will require that the revenue sources are sufficient to fund the debt service requirements. C. Cost of issuance, debt service reserve funds and capitalized interest may be included in the capital project costs and thus are fully eligible for reimbursement from bond proceeds. 5. Capital Acquisition Notes and Leases The County may issue short-term notes or capital leases to purchase buildings, machinery, equipment, furniture and fixtures. COUNTY OF ROANOKE Policy Number PAGE 11 OF 16 Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 201 6. Moral Obligation Debt A. The County may enter into leases, contracts, or other agreements with other public bodies, which provide for the payment of debt when revenues of such agencies may prove insufficient to cover debt service. B. Payment of such moral obligation debt service will be done when the best interest of the County is clearly demonstrated. C. While such moral obligation support does not affect the debt limit of the County, the amount of bonds issued with the County's moral obligation should be controlled in order to limit potential demands on the County. There is no legal obligation, but the County is placing its good name and reputation on the line and there is every expectation that the County would make good any deficiencies when a default exists. 7. Credit Objectives The County of Roanoke will strive to maintain or improve its current bond ratings. The County will also maintain relationships with the rating agencies that assign ratings to the County's various debt obligations. The rating agencies will be kept abreast of the County's financial condition by providing them with the County's Comprehensive Annual Financial Report (CAFR) and the Operating and Capital Improvement Program Budget. 8. Authorized Methods of Sale The County will select a method of sale that is the most appropriate in light of financial, market, transaction -specific and issuer -related conditions. Debt obligations are generally issued through competitive sale. If the County and its financial advisor determine that a competitive sale would not result in the best outcome for the County, then a negotiated sale, private placement or other method may be chosen. 9. Selecting Outside Finance Professionals The County of Roanoke will retain external finance professionals to be selected through a competitive process. The finance professionals will include, but may not be limited to, the financial advisor, bond counsel and the underwriter. The finance professionals will assist in developing a bond issuance strategy, preparing bond documents and marketing bonds to investors. The length of the contracts will be determined by the County. The selection process will require experience in the following: municipal debt, diverse financial structuring, and pricing municipal securities. 10. Post -Issuance Compliance A. The Director of Finance will oversee post -issuance compliance activities to ensure compliance with federal guidelines and other legal regulatory requirements including: 1. Tracking proceeds of a debt issuance to ensure they are spent on qualified tax-exempt debt purposes 2. Maintaining detailed records of all expenditures and investments related to debt funds 3. Ensuring that projects financed are used in a manner consistent with legal requirements COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY Policy Number EFFECTIVE DATE JULY 1, 201 PAGE 12 OF 16 4. Reporting of necessary disclosure information and other required fillings in a timely manner 5. Monitoring compliance with applicable arbitrage rules and performing required rebate calculations in a timely manner B. The Director of Finance may consult with bond counsel, financial advisors or other professionals as deemed appropriate to meet the post -issuance compliance requirements. Section 10 —Reserves 1. General Government Fund A. The County of Roanoke's General Government Fund (Fund C100) Unassigned Fund Balance will be maintained to provide the County with sufficient working capital and a comfortable margin of safety to address emergencies and unexpected declines in revenue. B. The General Government Fund's Unassigned Fund Balance should not be used to support recurring operating expenditures outside of the current budget year. If a budget variance requires the use of Unassigned Fund Balance, the County will decrease the General Government Fund's expenditures and/or increase the General Government Fund's revenues to prevent using the Unassigned Fund Balance for two consecutive fiscal years to subsidize General Fund operations. C. The General Government Fund's Unassigned Fund Balance will be as follows: Fund Number Fund Name Policy C100 General Government Fund Twelve percent (12%) of budgeted annual General Government expenditures D. In the event that the General Government Fund's Unassigned Fund Balance is used to provide for temporary funding of unforeseen emergency needs, the County shall restore the balance to the twelve percent (12%) minimum, as defined above, within two fiscal years following the fiscal year in which the event occurred. This will provide for full recovery of the targeted General Government Fund Unassigned Fund Balance in a timely manner. E. Funds in excess of the maximum annual requirements outlined above may be considered to supplement "pay-as-you-go" capital expenditures or other nonrecurring expenditures with Board approval. COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY 2. Other General Funds A. For the funds listed follows.. Policy Number EFFECTIVE DATE JULY 1, 201 PAGE 13 OF 16 below, an annual Unassigned Fund Balance shall be maintained as B. In the event that any of the Fund's Unassigned Fund Balance is used to provide for temporary funding of unforeseen emergency needs, the County shall restore the balance to the minimum, as defined above, within two fiscal years following the fiscal year in which the event occurred. This will provide for full recovery of the targeted Fund Unassigned Fund Balance in a timely manner. C. Funds in excess of the Unassigned Fund Balance policy outlined above may be considered to supplement "pay-as-you-go" capital expenditures or other nonrecurring expenditures with Board approval. D. All other County Funds structured under the County's General Fund may carry a reserve balance but do not have a specific annual target. These County Funds are not permitted to expend funds in excess of available revenues. 3. Capital Reserve Funds The County will maintain funds for the specific use of providing "pay-as-you-go" funding for capital projects as detailed in the approved Capital Improvement Program. Contributions to the Capital Reserve Fund will primarily be made with year-end expenditure savings and revenue surplus balances. On annual basis, County staff shall present to the Board for consideration the allocation of year-end balances to support the Capital Reserve Fund. There are no minimum fund balance requirements associated with the Capital Reserve Fund. Fund Item Number Fund Name Policy Children's Services Twenty percent (20%) of budgeted annual 1. C111 Act (CSA) expenditures Criminal Justice Ten percent (10%) of budgeted annual 2. C126 Academy expenditures Seven and a half percent (7.5%) of budgeted 3. C130 Fleet Service Center annual expenditures Communications Ten percent (10%) of budgeted annual 4. C142 Shop expenditures Emergency Seven and a half percent (7.5%) of budgeted 5. C144 Communications annual expenditures Center (ECC) Five percent (5%) of budgeted annual 6. C150 Recreation Fee Class expenditures B. In the event that any of the Fund's Unassigned Fund Balance is used to provide for temporary funding of unforeseen emergency needs, the County shall restore the balance to the minimum, as defined above, within two fiscal years following the fiscal year in which the event occurred. This will provide for full recovery of the targeted Fund Unassigned Fund Balance in a timely manner. C. Funds in excess of the Unassigned Fund Balance policy outlined above may be considered to supplement "pay-as-you-go" capital expenditures or other nonrecurring expenditures with Board approval. D. All other County Funds structured under the County's General Fund may carry a reserve balance but do not have a specific annual target. These County Funds are not permitted to expend funds in excess of available revenues. 3. Capital Reserve Funds The County will maintain funds for the specific use of providing "pay-as-you-go" funding for capital projects as detailed in the approved Capital Improvement Program. Contributions to the Capital Reserve Fund will primarily be made with year-end expenditure savings and revenue surplus balances. On annual basis, County staff shall present to the Board for consideration the allocation of year-end balances to support the Capital Reserve Fund. There are no minimum fund balance requirements associated with the Capital Reserve Fund. COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY 4. Internal Service Fund Reserves Policy Number EFFECTIVE DATE JULY 1, 201 PAGE14 OF 16 The County has three funds classified as Internal Services Funds; they include the Health Insurance Fund, Dental Insurance Fund, and Risk Management Fund. A. Health Insurance Fund (Fund C700) 1. So as long as the County continues the current policy of self-insuring health insurance costs, a reserve for healthcare costs shall be maintained as follows: Fund Fund Name Policy Number Fund Name Policy C700 Health Insurance Fund Ten percent (10%) of budgeted healthcare costs plus a reserve equal to the estimated incurred but not reported (IBNR) claims. 2. To the extent the reserve falls below the minimum threshold of 10%, the reserve will be restored to that level within two fiscal years. Funds in excess of the Unassigned Fund Balance policies in all Other Funds outlined in this policy may be transferred to the Health Insurance Fund to restore the Health Insurance Fund Balance policy with Board approval. 3. At no time shall the use of funds in excess of the 10% fund balance plus a reserve equal to the estimated incurred but not reported (IBNR) claims be used to reduce the annual employee contribution to the Health Insurance Fund, except in cases where a temporary rate adjustment has been made to restore minimum Health Insurance Fund Balance levels. Funds in excess of the Unassigned Fund Balance policy outlined above may be considered to supplement "pay-as-you-go" capital expenditures or other nonrecurring expenditures with Board approval. B. Dental Insurance (Fund C705) So as long as the County elects to provide a fully insured Dental plan, no reserve is required. If the County elects to self -insure Dental Insurance costs in the future, a reserve for dental costs will be established by the Board. C. Risk Management (Fund C710) 1. So as long as the County continues the current policy of self-insuring Worker's Compensation costs, a reserve for Risk Management costs shall be maintained as follows: Fund Number Fund Name Policy C710 Risk Management Fund Ten percent (10%) of budgeted risk management costs plus a reserve equal to the estimated incurred but not reported (IBNR) claims. A reserve of $500,000 shall be established for potential auto or property claims. COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY Policy Number EFFECTIVE DATE JULY 1, 201 PAGE 15 OF 16 2. To the extent the reserve falls below the established policy, the reserve will be restored to that level within two fiscal years. Funds in excess of the Unassigned Fund Balance policies in all Other Funds outlined in this policy may be transferred to the Risk Management Fund to restore the Risk Management Fund Balance policy with Board approval. 5. Roanoke County Public Schools Reserves and Year End Allocation A. Roanoke County Public Schools will maintain a $2 million unappropriated balance. This balance is available for unexpected revenue shortfalls, unplanned significant expenditures increases, and emergency appropriations. The balance will be reserved for financial emergencies and when appropriations are necessary, the balance will be replenished with the next available year end funds from the School Operations. B. All School Operating Fund appropriations remaining at the end of the year will not lapse but shall be appropriated to the Schools and used for Major Capital projects, Minor Capital projects, Capital Maintenance Program, School Safety and Security, and/or Comprehensive Services Act reserves. Section 11 —Cash Management/Investments 1. Maintaining the safety of the principal of the County's public investment is the highest priority in the County's cash management policy. The secondary and tertiary priorities are the maintenance of liquidity of the investment and optimization of the rate of return within the parameters of the Code of Virginia, respectively. Funds held for future capital projects are invested in accordance with these objectives, and in such a manner so as to ensure compliance with U.S. Treasury arbitrage regulations. The County maintains cash and temporary investments in several investment portfolios. 2. The Treasurer, County of Roanoke (an elected Constitutional Officer) is responsible for maintaining and updating a separate investment policy, which is approved by the Board of Supervisors. Section 12 — Internal Controls 1. A comprehensive system of financial internal controls shall be maintained in order to protect the County's assets and sustain the integrity of the County's financial systems. 2. Managers at all levels shall be responsible for implementing sound controls and for regularly monitoring and measuring their effectiveness. COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY Section 13 — Administration and Approvals Policy Number EFFECTIVE DATE JULY 1, 201 PAGE 16 OF 16 1. Responsible Department The Department of Finance and the Office of Management and Budget are responsible for the administration of this policy. 2. Policy Authority The Board of Supervisors authorizes the use of this policy. 3. Amendment of Policy These rules may be chanaed or amended by resolution of the Board of Suaervisors. 3-4. Review Date This policy will be reviewed annually and updated as necessary for modifications. N O O O 00 ca N (3) a -J C6 0 Q D � N •O � N QJ _0 •- Ln N _0 _0 ca N n1 bp E •V N X -0 (o Q) s • • Q) Q) m oc 0 z 4- 0 O E N O � Q C6 _ � C6 � r -I C6 O N N —0 N O .Q (3) N Q > N O cn aJ O 4-J O c 4-- ca Q t/7 Ile E to O 0 00 -0 r' a E o O0-0 rO 0 CO ca 4-J O ca 3 ca .0 U E a)w a U �oCL a ° w CL Q 0 w LT- co . w C: �U m LL 40iD O . T . U O N N O U N N Q� t Q 0 a� c � o � a o 0 N N Q N D I 10 b (D 0 a� 0 Co O o 0 N O m Ln M ti CO ti O o 0 N 00 00 O M CO CO O o 0 N 00 f` O Ln Ln M CO CO N (6 � CU (6 N M C c N U E O U w C > a cn N 0 0) X 0 cu N N N N o S (6 N D i O 0 Q (6 0 � L Q Z �j C7 Q N C6 CSA O 0 Q �--+Q E Ol � rl O O m N O ca N '7 =3 L 4-J =3 ca � O pT Q Q O c ca N O _0 1 � V ° 5 0 m � oCL a� •� Q _V ' O LL .� C •> i.L Z oc N AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 8, 2019 RESOLUTION 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. Page 1 of 1