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HomeMy WebLinkAbout12/17/2019 - Adopted Board Records AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 17, 2019 RESOLUTION 121719-1IMPLEMENTING A PILOT PROGRAM TO ESTABLISH FEES AND REGULATIONS TO FACILITATETHE OPERATION OF BICYCLE AND E-SCOOTER SHARING COMPANIES IN THE COUNTY WHEREAS, in 2019, the General Assembly of the Commonwealth of Virginia enacted Section 46.2-1315 of the Code of Virginia, in which it authorizes counties to regulate (by ordinance, any governing body action, or administrative action) the operation of motorized skateboards or scooters, bicycles, or electric power-assisted bicycles (hereafter “sharedmobility devices”)for hire, provided that such regulation or other governing body or administrative action exists prior to January 1, 2020; and WHEREAS, although several businesses that offer sharedmobility devices for hire have located or expressed an intent to locate in neighboring localities, no such business has hitherto requestedtooperate in the County; and WHEREAS, the County desires to proactively assess the viability of shared mobilitydevices in the County and to understand the parameters that will allow these devices to operate effectively and to avoid any public nuisance under the authority of Virginia Code § 15.2-2018. NOW, THEREFORE, BE IT RESOLVED: 1)That the Board of Supervisors directs County staff to develop and implement a pilot program to establish fees and regulations tolicense andfacilitatethe operation of sharedmobility device companies in the County. Page 1of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON DECEMBER17,2019 RESOLUTION 121719-2OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, CONSENTING TOTHE AMENDMENT OF SPECIAL ASSESSMENT REVENUE NOTE, SERIES 2012, OF THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITYAND THE RELATED NOTE PURCHASE AGREEMENT WHEREAS, the Board of Supervisors of Roanoke County, Virginia (the “Board of Supervisors”), establishedthe South Peak Community Development Authority (the “Authority”) for the purpose of assisting in the development of certain infrastructure improvements (the “Improvements”) described in ExhibitBto the Memorandum of Understanding dated as of February1, 2011 (the “Memorandum of Understanding”), between Roanoke County, Virginia (the “County”)and Slate Hill I LLC; and WHEREAS, Section 1of the Memorandum of Understanding providesthat the Authority may not issue revenue bonds without first receiving the consent of the Board of Supervisors to do so; and WHEREAS, on December 21, 2012, pursuant to the Memorandum of Understanding and with the prior consentof the Board of Supervisors,the Authority issued its Special Assessment Revenue Note, Series 2012 (the “2012 Note”), and sold the 2012 Note to Carter Bank & Trust (the “Bank”), pursuant to a Note Purchase Agreement dated as of December 1, 2012 (the “Note Purchase Agreement”), between the Authority and the Bank; and WHEREAS, the Bank has offered to reduce the interest rate on the 2012 Note from 6.5% to 6% and counsel to the Authority has advised that the reduction will result in a “reissuance” of the 2012 Note for federal tax purposes; and Page 1of 5 WHEREAS, on November 26, 2019, the Board of the Authority adopted a resolution (the “Authority Resolution”) authorizing the amendment of the 2012 Note and the Note Purchase Agreement to reflect the lower interest rate and requesting that the Board of Supervisors consentto such amendmentspursuant to the Memorandum of Understanding; and WHEREAS, a copy of the Authority Resolution has been attached hereto as Exhibit A. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1.The Board of Supervisors hereby consents to and approves the amendment of the 2012 Note and the Note Purchase Agreement to reflect the reduction in the interest rate from 6.50% to 6% as provided in the Authority Resolution. 2.The approval of the amendment of the2012 Note does not constitute an endorsement of the 2012 Note. The 2012 Note shall continue to be payable solely from revenues received by the Authority. The 2012 Note, as amended, shall not be deemed to constitute a debt, liability, or obligation of the County and shall not impact upon the debt capacity of the County. 3.All acts and doings of the officers of the County and members of the Board of Supervisors that are in conformity with the purposes and intent of this resolution shall be, and the same hereby are, in all respects approved and confirmed. 4.This resolution shall take effect immediately upon its adoption. Page 2of 5 Exhibit A RESOLUTION OF THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY AUTHORIZING AND APPROVING THE AMENDMENT OF THE SPECIAL ASSESSMENT REVENUE NOTE, SERIES 2012, AND THE RELATED NOTE PURCHASE AGREEMENT AND REQUESTING THE CONSENT OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, TO SUCH AMENDMENTS WHEREAS, on December 21, 2012, the South Peak Community Development Authority (the “Authority”) issued its $7,000,000 Special Assessment Revenue Note, Series 2012 (the “2012 Note”), for the purpose of assisting in the development of certain infrastructure improvements described in ExhibitB to the Memorandum of Understanding dated as of February1, 2011 (the “Memorandum of Understanding”), between Roanoke County, Virginia (the “County”), and Slate Hill I LLC; and WHEREAS, the Authority sold the 2012 Note to Carter Bank & Trust (the “Bank”) on the terms set forth in the Note Purchase Agreement dated December 1, 2012 (the “Note Purchase Agreement”), between the Authority and the Bank; and WHEREAS, the Bank has offered to reduce the interest rate on the 2012 Note from 6.5% to 6%; and WHEREAS, both the Authority’s administrator, MuniCap, Inc., and the finance staff of the County,have reviewed the Bank’s proposal and have recommended it to the Authority; and WHEREAS, counsel to the Authority has advised that the interest rate reduction will constitute a “reissuance” of the 2012 Note for federal tax purposes and pursuant to Section 1of the Memorandum of Understanding the Board of Supervisors of the County (the “County Board”) must consent tothe issuance of bonds by the Authority. BE IT RESOLVED BY THE BOARD OF THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY: 1.The Authority hereby approves the reduction of the interest rate on the 2012 Note from 6.5% to 6%. The reduction will be reflected in amendments to the 2012 Note and the Note Purchase Agreement as set forth inan allonge to the 2012 Note (the “Allonge”)and a document amending the Note Purchase Agreement (the “Amendment”),formsof which havebeen presented to this meeting. 2.The Chairman and Vice Chairman of the Authority (the “Authorized Officers”), either of whom may act, are hereby authorized to execute and deliver the Allonge and the Amendment, and the Secretary and the Assistant Secretary of the Authority, either of whom may act, are authorized to have the seal of the Authority affixed or printed thereon and to attest such seal. The Allonge and the Amendment shall be in substantially the forms Page 3of 5 presented to this meeting, with such completions, omissions, insertions and changes as an Authorized Officer may approve, whose approval will be evidenced conclusively by the execution and delivery of the Allongeand the Amendment. Notwithstanding the foregoing, the Authorized Officers may not deliver the Allonge and the Agreement until the County Board has provided its consent thereto. 3.The Authorized Officers, the Secretary and Assistant Secretary and such other officers of the Authority as the Authorized Officers may direct are hereby authorized to execute, deliver and record, as necessary, on the Authority’s behalf any amendments to any other documents associated with the issuance and sale of the 2012 Note to reflect the amendments made by the Allonge and the Amendment and all other agreements, contracts, documents, certificates and instruments approved by either Authorized Officer relating to such amendments, and to take all such further action as any of them may deem necessary or desirable in connection therewith, including without limitation the execution and delivery of a certificate setting forth the expected use of the property financed by the 2012 Note to show that such expected use will not violate the applicable provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and the regulations thereunder, and Form 8038-G to be filed with the Internal Revenue Service. 4.Any authorization made hereby to the officers of the Authority to execute documents shall include authorization to the Secretary or Assistant Secretary to affix the seal of the Authority to such document and attest such seal and authorization to any officer to provide for the recording of such document where appropriate and deliver it to the other parties thereto. 5.The Authorized Officers are hereby authorized to provide for the presentation of a certified copy of this resolution to the County Board and to request on the Authority’s behalf that the County Board consent to the Allonge and the Amendment. All other acts of the officers of the Authority that are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Series 2012 Note are hereby authorized, ratified and approved. 6.This resolution shall take effect immediately upon its adoption. Page 4of 5 AT A REGULARMEETINGOFTHE BOARDOF SUPERVISORSOFROANOKE COUNTY, VIRGINIA,HELDATTHE ROANOKECOUNTYADMINISTRATION CENTER ONTUESDAY,DECEMBER 17,2019 RESOLUTION 121719-3ACCEPTING AND APPROVING RECOMMENDEDCHANGESTO THECOMPREHENSIVE FINANCIAL POLICY WHEREAS,theCountyadoptedaComprehensiveFinancialPolicyeffective November19,2019;and WHEREAS,thepolicyis to bereviewedandupdatedas necessaryfor modifications; NOW, THEREFORE,BEIT RESOLVED,by the Board ofSupervisorsof RoanokeCounty,Virginia,asfollows: 1.ThatunderSection7Item3A.thelimit of $10 million has been changed to $12 million;and 2.ThatunderSection7Item4A.additional wording has been added for the additional incremental $200,000 both the County and the Schools will be adding each year starting July 1, 2020;and 3.Thatunder Section 8Item 1B.minor wording changes have been made to delete “expenditures” and replace with “budget” where appropriate; and 4.ThatunderSection10 Item2has been added to establish a Government Fund Expenditure Contingency to provide for unanticipated expenditures of a non- recurring nature or to meet unanticipated increases in service delivery costs;and Page1of2 ACTION NO. A-121719-4 ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE:December 17, 2019 AGENDA ITEM:Request to allocate year-end funds for the fiscal year ended June 30, 2019 SUBMITTED BY:Laurie Gearheart Director of Finance and Management Services APPROVED BY:Daniel R. O’Donnell County Administrator ISSUE: Allocate year end funds for the fiscal year ended June 30, 2019 BACKGROUND: Brown Edwards and Company completed the audit of the financial operations of the County of Roanoke and the County of Roanoke Public Schools for the year ended June 30, 2019. The County Audit Committee met on November 19, 2019, to review the results of the year’s operations. Both the County and Schools received a clean and unmodified opinion. Staff from Brown Edwards and Company presented the audit information to the Board at the December 3, 2019 meeting. DISCUSSION: The General Government results of operations for the fiscal year ended June 30, 2019, was shared with the Board at the December 3, 2019 Board meeting. The Board report outlined explanations for revenue collections being above budget as well as expenditure savings for a total of $3,119,959 being available for allocation by the Board. Earlier today at the work session, staff recommended the following year-end allocations: Page 1of 5 -Restore Contribution to IT Infrastructure Replacement Program $250,000 The adopted fiscal year 2020 Capital Fund included a project budget of $225,000 in fiscal year 2020 and then is planned to increase to $550,000 annually from fiscal year 2021 through fiscal year 2029. The additional $250,000 in fiscal year 2019 year-end funding will increase the fiscal year 2020 budget to $475,000. The Replacement Program planned to replace five ESX (virtual) host servers in fiscal year 2020, estimated at $363,000. Virtual servers will provide far more network resilience than traditional servers. Additional planned replacements for fiscal year 2020 include; Switches/Router for Internet access; Disaster Resilience Site firewall and router and an Email Archive System Server all estimated at approximately $180,000. Upon receipt an installation of host servers, routers, switches and other equipment will be ordered and installed. Funding will allow CommIT to stay on schedule with necessary maintenance and upgrades without allowing equipment to go out of warranty and prevents both funding and infrastructure shortfalls in future years. -Restore Contribution to Fleet Replacement Program $400,000 The Fleet and Equipment Replacement Plan is adopted as part of the Operating Budget each year. General Services, Fire and Rescue, Parks, Recreation and Tourism and Community Development develop ten (10) year plans to replace existing vehicles and equipment that best meet the needs of their departments. Each year, this plan is evaluated to identify the most efficient use of funding to purchase necessary equipment. The fiscal year 2020 adopted budget deferred the purchase of an engine for the Fire and Rescue Department and a bulk solid waste truck for Solid Waste Operations. Departments agreed that the useful life of existing equipment could be extended for one (1) more year.Replacement of this equipment is a priority to departments, Fleet Services and Administration. Allocating year-end funds would enable the purchase of a Solid Waste and a Fire and Rescue vehicle. -Replacement of Pollbooks $150,000 The County purchased 66 HP ProBook450 laptops in 2014 for use in conjunction with Advocate, an electronic precinct management and pollbook software made by DemTech. The Virginia Department of Elections provided localities throughout the Commonwealth with free access to Advocate software until it discontinued funding and transferred the cost to local governments effective July 1, 2017. Since that time, each precinct has received a pair of laptops linked by single crossover cable, which enables the pollbook software to synchronize check-ins made on each machine while preventing double check-ins and tracking voter engagement. Page 2of 5 The laptops have now surpassed their expected useful life and no longer perform adequately orreliably on Election Day. With increased turnout expected in the 2020 presidential and federal election, the County needs electronic pollbooks that limit disruption of the electoral process. Funding will be used to purchase electronic pollbooks and associated software in fiscal year 2020, which will allow new electronic pollbooks to be in place ahead of the 2020 Presidential Election. -Establish Matching Funds to Expand Rural Broadband Access $200,000 At the July 9, 2019 joint work session with Roanoke County Public Schools, staff presented information on broadband access. The Virginia Telecommunication Initiative (VATI) is designed to facilitate extending broadband service to currently underserved and unserved areas. Grant packages are submitted by a private service provider in a partnership with a local government committing to a 20% grant match. Consistent with the enabling legislation, the Virginia Department of Housing and Community Development will award $19 million in fiscal year 2020 to subsidize construction costs and providing last-mile services to unserved areas of the state. The Governor has stated he will request additional funds in fiscal year 2021. County CommIT staff are currently researching and gathering data on how other localities have received funding, what areas could be considered for the grant, and the total estimated cost to prepare matching funds. Municipalities must be prepared to participate with match funding when the Grants are awarded. The allocation would create initial funding with additional funding to be considered through the development of the fiscal year 2021 operating budget. -Establish a General Government Fund Expenditure Contingency $250,000 At the November 6, 2019 Work Session, Board members received information regarding the development of a contingency policy of 0.25% of General Government Fund budget. The County of Roanoke’s General Government Fund (Fund C100) Expenditure Contingency will be maintained to provide for unanticipated expenditures of a non-recurring nature or to meet unanticipated increased service delivery costs. At year end in fiscal year 2019, there was $320,986 remaining in the expenditure budget or 0.17% remaining. With increased expenditures in budget issue areas in fiscal year 2019 such as CORTRAN, Western Virginia Regional Jail Housing of Prisoners, Children’s Services Act (CSA), and Tax Relief programs, the contingency could be used toward an unexpected budget issue. Any use of the General Government Fund Expenditure Contingency will be presented at a meeting of the Board of Supervisors as part of the consent agenda. Page 3of 5 Neighboring localities including the Cities of Salem, Roanoke, and Lynchburg and the Counties of Montgomery and Bedford have established contingencies, whether they are established through formal policy or a target amount to include in each adopted budget. As this contingency is being established during fiscal year 2020, staff will plan to increase contingency to meet policy as part of the fiscal year 2021 budget process. To the extent the contingency falls below the established policy, the contingency will be restored to that level within two fiscal years. -Support the Joint County/School Capital Fund $200,000 Per the joint work session with Roanoke County Public Schools on December 3, 2019, Roanoke County and Roanoke County Public Schoolswill allocate $200,000 from fiscal year 2019 year end funding to the Joint County/School Capital Funding Plan. County and Schools plan to increase annual appropriation by $200,000 each year beginning July 1, 2020. -Contribute to Public Private Partnership Account $200,000 The Public Private Partnership account provides funding for future economic development initiatives and related capital projects. No funds have been deposited into this account over the last five (5) years. The balance in this account after encumbrances is $248,040. This allocation of $200,000 will begin to restore funds to this account. -Contribution to Capital Reserve $1,435,898 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. Capital Reserve may be reappropriated in fiscal year 2021 to fund capital projects in the Capital Fund. -Maintain General Government Fund Balance of 12% of Budgeted Annual Expenditures $34,061 The Roanoke County Comprehensive Financial Policy, Section 10 Reserves, states that Roanoke County will maintain a General Government Fund Balance of 12% of Budgeted Annual Expenditures. This allocation is needed to maintain the required Page 4of 5 fund balance level. FISCAL IMPACT: The Budget Ordinance 052819-4 provides that all unexpended general government expenditures and revenues collected in excess of budget shall not lapse but be reappropriated and presented to the Board for recommendations of allocations and designations based on the Comprehensive Financial Policy. STAFF RECOMMENDATION: Staff recommends approving the allocation as presented. VOTE: Supervisor Peters moved to allocate year-ends funds. Supervisor Hooker seconded the motion. Motion approved. YesNoAbsent Mr. Assaid Mr. Hooker Mr. Radford Mr. Peters Ms. North cc:Meredith Thompson, Budget Division Director Laurie Gearheart, Director of Finance and Management Services Page 5of 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 17, 2019 RESOLUTION 121719-5CERTIFYING 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 1of 2