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HomeMy WebLinkAbout4/27/2021 - Adopted Board Records AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,APRIL 27, 2021 RESOLUTION042721-1OF 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,onDecember 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 and the Authority previously agreed to reduce the interest rate of the 2012 Note from 6.5% to 6.0% and entered into an Amendment to Note Page 1of 7 Purchase Agreement, between the Authority and the Bank, and an Allonge to the 2012 Note, each dated December 17, 2019,to reflect the interest rate reduction; and WHEREAS,the Bank has offered to reduce the interest rate on the 2012 Note from 6.0% to 4.49% and counsel to the Authority has advised that the reduction will result in a “reissuance” of the 2012 Note for federal tax purposes; and WHEREAS,onApril 21, 2021, the Board of the Authority adopted a resolution (the “Authority Resolution”) authorizing the amendment of the 2012 Note and the Note Purchase Agreement toreflect 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 6.0% to 4.49% as provided inthe Authority Resolution. 2.The approval of the amendment of the 2012 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. Page 2of 7 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 3of 7 ExhibitA AUTHORITY RESOLUTION 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 and the Authority previously agreed to reduce the interest rate of the 2012 Note from 6.5% to 6.0% and entered into an Amendment to Note Purchase Agreement, between the Authority and the Bank, and an Allonge to the 2012 Note, each dated December17, 2019, to reflect the interest rate reduction; and WHEREAS, the Bank has offered to reduce the interest rate on the 2012 Note from 6.0% to 4.49%; and Page 4of 7 WHEREAS, both the Authority’s administrator, MuniCap, Inc., and the finance staff of the County, havereviewed 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 1 ofthe Memorandum of Understanding the Board of Supervisors of the County (the “County Board”) must consent to the 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 6.0% to 4.49%. The reduction will be reflected in amendments to the 2012 Note and the Note Purchase Agreement as set forth in an allonge to the 2012 Note (the “Allonge”) and a document amending the Note Purchase Agreement (the “Amendment”), forms of which have been 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 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 Allonge and the Amendment. Notwithstanding the foregoing, the Page 5of 7 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 Authorityas 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 madeby 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 theInternal 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 Page 6of 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 27, 2021 ORDINANCE042721-2ACCEPTING AND APPROPRIATING EDUCATION GRANT AWARDS RELATED TO THE COVID-19 PANDEMIC IN THE AMOUNT OF $4,340,714.11 TO THEROANOKE COUNTY PUBLIC SCHOOLS' GRANT FUND FOR FISCAL YEAR 2020- 2021 WHEREAS, on January 22, 2021, the Virginia Department of Education notified all school divisions in the Commonwealth of the Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act Elementary and Secondary School Emergency Relief (ESSER) II Fund allocations; and WHEREAS, the allocations were basedon each school division's relative share of Title I, Part A, Federal Fiscal Year 2020 funds; and WHEREAS, the period of performance for the award is March 13, 2020, through September 30, 2023; and WHEREAS, Roanoke County Public Schools received an allocation of these funds in the amount of $4,340,714.11;and WHEREAS, Roanoke County Public Schools intends to use these funds to address current capital maintenance projects related to air quality, plumbing, windows, and security to provide relief in the 2021-2022 annual budget, in addition to ways to address learning loss; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on April 13, 2021, and the second reading was held on April 27, 2021. Page 1of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 27, 2021 ORDINANCE 042721-3ACCEPTING AND APPROPRIATING VIRGINIA PRESCHOOL INITIATIVEGRANT EXPANSIONS IN THE AMOUNT OF $99,745.73TO THE ROANOKE COUNTY PUBLIC SCHOOLS' GRANT FUND FOR FISCAL YEAR2020-2021 WHEREAS,on June 10, 2020, Governor Ralph Northam announced that through the federal Governor's Emergency Education Relief (GEER) Fund $10 million willbe used to expand early childhood education and child care programs in the Commonwealth, especially for children with academic and social-emotional needs; and WHEREAS, these funds will help restore the Virginia Preschool Initiative (“VPI”) expansions and enhancements that were unallotted in the revised 2020 state budgetand removed from the school division's original budget when it was revised downward for the pandemic; and WHEREAS, Roanoke County Public Schools received an allocation of these funds in theamount of $99,745.73in two separate awards: the Community Provider Add-On Award, and the VPI Pilot for Serving Three-Year-Olds Award);and WHEREAS, the Community Provider Add-On Award of $7,500 represents an award of $1,500 each for five at-risk three-to four-year-olds who are attending a community-provider facility as a VPI student, paying the tuition of the students at the facility; and WHEREAS, the VPI Pilot for Serving Three-Year-Olds Award of $92,245.73 represents the state’s share to increase access for 23 at-risk three-year-old students to high quality preschool programsthat prepare them for kindergarten; and Page 1of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 27, 2021 ORDINANCE 042721-4APPROPRIATING FUNDS IN THE AMOUNT OF $536,030 FOR A RURALBROADBAND PROJECT WITH COX COMMUNICATIONS WHEREAS, the Rural Broadband Initiative (“RBI”) project was planned to improve communication and data technology in both the business sector and in residential settings; and WHEREAS, the County collected survey data to identify areas where citizens either do not have or have inadequate internet service, which data was analyzed to evaluate the next steps in improving high-speed internet across Roanoke County; and WHEREAS, the RBI conforms to the Community Strategic Plan to Connect Roanoke County to the World; and WHEREAS, there is an opportunity for Cox Communications and Roanoke County to partner together on expansion of broadband to bring internet access to over 300 homes inthe Windsor Hills, Cave Springand Catawba magisterial districts; and WHEREAS, the total broadband project cost is $3,002,335; and WHEREAS,funding sources for the project include: Cox Communications’ financial commitment of $786,427 and previously appropriated funds for broadband totaling $1,179,878; and WHEREAS,the remaining funds needed to complete the project total $536,030, which funds are available in the GeneralFund; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and Page 1of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 27, 2021 RESOLUTION 042721-5.aAPPROVING THE ROANOKE VALLEY RESOURCEAUTHORITY BUDGET FOR THE FISCAL YEAR 2021-2022 WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County, the City Councilof the City of Roanoke and the Town Council of the Town of Vinton; and WHEREAS, the Chief Executive Officer of the Roanoke ValleyResource Authority has submitted the fiscal year2021-2022budget of the RoanokeValley Resource Authorityfor approval. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA that the fiscal year 2021-2022budget for the Roanoke Valley Resource Authority, ishereby approved, and the County Administrator and the Clerk are authorized toexecute and attest respectively, on behalf of the County, any documentation, in form bythe County Attorney,necessary to evidence said approval. Page 1of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 27, 2021 RESOLUTION 042721-5.bAPPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FISCAL YEAR2021-2022 WHEREAS, Section 24.B of theRegional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission providesthat the Commission shall prepare and submit its operating budget for the forthcoming year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated March 23, 2021, a copy of which is on file in the office of the Clerk of the Board, the Executive Director of the Roanoke Regional Airport Commission has submitted a request that theCounty approve the fiscal year2021-2022 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the fiscal year2021-2022budget and proposed capital expenditures for the Roanoke Regional Airport Commission asset forth in the March 23, 2021,report of the Commission Executive Director, a copyof which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. Page 1of 2 ACTION NO. A-042721-5.c ITEM NO. I-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE:April 27, 2021 AGENDA ITEM:Request to approve the Roanoke Regional Cable Television budget for fiscal year 2021-2022 SUBMITTED BY:Scott Ramsburg Director of Community Media APPROVED BY:Daniel R. O’Donnell County Administrator ISSUE: Approval of the Roanoke Regional Cable Television budget for fiscal year 2021-2022 BACKGROUND: Roanoke Valley Television, RVTV-3, serves Roanoke County, Roanoke City, the Town of Vinton, and their respective school systems. RVTV-3 was created in 1993 as an agreement between the three localities to form a Government & Educational Access Station. The station is located at the Jefferson Center, and is staffed by five full time staff members. RVTV-3 produces original video productions, monthly television shows, and covers live government meetings. Programming is cablecast on Cox Communications, Channel 3, and Comcast, Channel 3, in the West County area. RVTV-3 is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the County, the City, and the Town. Mr. Jason Peters represents the Board of Supervisors, Ms. Amy Whittaker represents Roanoke County Administration, and Mr. David Jones is the Member at Large. The operational budget for RVTV is provided by the three local governments, and is funded through the Virginia Communications Sales and Use Tax paid by Cox Communications. The budget amount paid by each locality is based on the proportion of Cox customers located in each jurisdiction. RVTV-3 staff are included in the County’s payroll and benefit system. Page 1of 3 DISCUSSION: Last year, Roanoke ValleyTelevision produced a total of 154 unique media projects, including 35 hours of finished video for the three localities and their school systems. RVTV produced the following for the County: (25) Television Shows, (76) Stand Alone Video Productions and (48) Live Board and Planning Commission Meetings. RVTV also provides the Live Board Meeting signal for Web Streaming. RVTV television shows include: “Roanoke County Today,”“Accent Excellence,” “Roanoke County Business Partners,” & “Recreation Television.” Anentire list of video productions is included in the Budget Packet. RVTV-3 programming is uploaded to the RVTV website and social media sources. Additionally, RVTV-3 programming is posted to the websites and social media sources for Roanoke County, Roanoke City, Town of Vinton and their School Systems. The fiscal year 2021-2022 total Operating Budget is $470,802.22 Roanoke County’s share is 45% and based on the proportion of Cox customers located in each jurisdiction. FISCAL IMPACT: Roanoke County's share of the cable budget for 2021-2022 is $ 211,861,which is a $6,240 increase over the contribution in the adopted 2020-2021 budget. Roanoke County's share as presented is included in the proposed fiscal year 2021-2022 operating budget within the non-departmental section of the document. STAFF RECOMMENDATION: The Roanoke Valley Regional Cable Television Committee recommends approval of the fiscal year 2021-2022 RVTV Operating Budget. Page 2of 3 VOTE: Supervisor Petersmoved to approve the staff recommendation to approve the fiscal year 2021-2022 RVTVbudget.Supervisor Northseconded the motion. Motion approved. YesNoAbsent Mr. Mahoney Ms. Hooker Mr. North Mr. Radford Mr.Peters cc: Scott Ramsburg, Director of Community Media Meredith Thompson, Budget Division Director Cecelia “Susie” F. McCoy, Clerk, Roanoke City Council Susan Johnson, Clerk, Town of Vinton Page 3of 3 ACTION NO. A-042721-5.d ITEM NO. I-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE:April 27, 2021 AGENDA ITEM:Request to accept and allocate funds in the amount of $4,899.56, to the Clerk of Circuit Court from the Commonwealth of Virginia for Technology Trust Funds SUBMITTED BY:Jill Camilletti Deputy Clerk IV APPROVED BY:Daniel R. O’Donnell County Administrator ISSUE: Acceptance and allocation of funds in the amount of $4,899.56 to the Clerk of the Circuit Court from the Commonwealth of Virginia BACKGROUND: Technology Trust Funds represent fees collected by the Roanoke County Circuit Court Clerk's Office, and have been received from the State in the amount of $4,899.56. In accordance with State of Virginia Code Section 17.1-279 it is stated the Circuit Court Clerk's Office shall assess a $5.00 fee called Technology Trust Fund Fee. Each month, the Clerk's Office can request the fees that were assessed the previous month. The code section further states that four out of every five dollars of the fee shall be allocated by the Compensation Board from the trust fund for the purposes of obtaining and updating office automation and information technologyequipment including software and conversion services; preserving, maintaining and enhancing court records, including but not limited to the costs of repairs, maintaining and enhancing court records, consulting services, service contracts, redaction of social security numbers from land records and system replacement or upgrades and improving public access to court records. Page 1of 2 DISCUSSION: The funds received from the Commonwealth of Virginia have been earmarked for maintenance needs for the Clerk of Circuit Court, specifically towards the twice yearly maintenance bill from the Supreme Court for maintaining their records, equipment, etc. FISCAL IMPACT: All funds are provided by the Commonwealth of Virginia. No County matching funds are required. STAFF RECOMMENDATION: Staff recommends accepting and allocating $4,899.56, to the Clerk of Circuit Court from the Commonwealth of Virginia. VOTE: Supervisor Petersmoved to approve the staff recommendation to accept and allocate the grant funds. Supervisor Northseconded the motion. Motion approved. YesNoAbsent Mr. Mahoney Ms. Hooker Mr. North Mr. Radford Mr. Peters cc: Jill Camilletti, Deputy Clerk IV Meredith Thompson, Budget Division Director Page 2of 2