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HomeMy WebLinkAbout8/24/2021 - Regular Roanoke County Board of Supervisors August 24, 2021 NOTE: THERE WILL NOT BE A 7:00 P.M. SESSION AS THERE ARE NO PUBLIC HEARINGS SCHEDULED. INVOCATION: PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: e 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 Page 1 of 4 Roanoke County Board of Supervisors Agenda August 24, 2021 Good afternoon and welcome to our meeting for August 24, 2021. 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 www.RoanokeCountyVA.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 B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation commemorating the 100th Anniversary of the Roanoke Valley Association of REALTORS (Jill Loope, Director of Economic Development) D. BRIEFINGS 1. Briefing to update the Board of Supervisors on the Virginia Department of Transportation (VDOT) project to repair a Route 220 slope failure at Crossbow Circle (Megan Cronise, Transportation Planning Administrator) Page 2 of 4 E. FIRST READING OF ORDINANCES 1. Ordinance amending Chapter 21 (Taxation), Article IX (Transient Occupancy Tax) of the Roanoke County Code (Peter S. Lubeck, County Attorney) F. SECOND READING OF ORDINANCES 1. Ordinance approving a lease with .com Properties, IV, LLC for 40 parking spaces of a lot located at 200 East Calhoun Street (Joyce Earl, Director of Social Services; Mary Beth Nash, Senior Assistant County Attorney) G. APPOINTMENTS 1. Library Board (appointed by District) 2. Parks, Recreation and Tourism Advisory Commission (appointed by District) H. 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. Approval of minutes May 11, 2021 I. CITIZENS' COMMENTS AND COMMUNICATIONS J. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of July 31, 2021 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of July 31, 2021 5. Accounts Paid July 31, 2021 6. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of July 31, 2021 Page 3 of 4 K. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Martha B. Hooker 2. Phil C. North 3. David F. Radford 4. Paul M. Mahoney 5. P. Jason Peters L. WORK SESSIONS 1. Work session with the Roanoke County Board of Supervisors and the Towing Advisory Board (Richard L. Caywood, Assistant County Administrator; Rachel Lower, Senior Assistant County Attorney; Rick James, Chairman, County of Roanoke Towing Board) 2. Work session with the Board of Supervisors on the potential regulation of running bamboo (Peter S. Lubeck, County Attorney) M. NEW BUSINESS 1. Resolution establishing certain regulations of police-initiated towing services in Roanoke County (Peter S. Lubeck, County Attorney) N. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.3 To discuss or consider the acquisition of real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Specifically, the Board will consider the acquisition of potential property for fire and rescue purposes 2. Section 2.2-3711.A.1 To discuss the future retirement of the County Administrator, and to discuss the interviewing and appointment of prospective candidates for this position O. CERTIFICATION RESOLUTION P. ADJOURNMENT Page 4 of 4 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: August 24, 2021 AGENDA ITEM: Proclamation commemorating the 100th Anniversary of the Roanoke Valley Association of REALTORS SUBMITTED BY: Jill Loope Director of Economic Development APPROVED BY: County Administrator ISSUE: This time has been set aside to recognize the Roanoke Valley Association of REALTORS for their 100th Anniversary in Roanoke. Joe Sutliff, Director of Economic and Governmental Affairs will accept the Proclamation on behalf of the Association. Page 1 of 1 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 24, 2021 AGENDA ITEM: Briefing to update the Board of Supervisors on the Virginia Department of Transportation (VDOT) project to repair a Route 220 slope failure at Crossbow Circle SUBMITTED BY: Megan Cronise Transportation Planning Administrator APPROVED BY: County Administrator ISSUE: This agenda item is to brief the Board of Supervisors on upcoming Route 220 slope repairs at Crossbow Circle. 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: August 24, 2021 AGENDA ITEM: Ordinance amending Chapter 21 (Taxation), Article IX (Transient Occupancy Tax) of the Roanoke County Code SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: County Administrator ISSUE: Amend the Roanoke County Code to incorporate recent changes made to the Code of Virginia regarding localities' imposition of a transient occupancy tax. Specifically, localities are now authorized to tax "accomodations intermediaries." BACKGROUND: Virginia Code § 58.1-3819 to § 58.1-3926 authorizes localities to collect transient occupancy tax on the gross proceeds of room rentals of hotels, travel campgrounds, and other facilities offering guest rooms rented out for continuous occupancy for fewer than 30 consecutive days. The County requires the collection of transient occupancy tax on establishments offering lodging space able to accommodate five or more transients at one time. The County requires collection of the tax from transients at a rate of seven percent of the ths total room charge. The County allocates 3/7of the charge Ridge for tourism initiatives, and allocates the remainder of the collected tax to the DISCUSSION: The proposed ordinance amendments, consistent with the changes to the Code of Virginia (Sections 58.1-3818.8 and 58.1-3819) enacted by the 2021 General Assembly Page 1 of 2 (and which become effective on September 1, 2021), will require persons or entities offering room rentals to calculate the transient occupancy tax based on the total charge to the customer, including accommodation fees charged to the customer by online travel companies or other "accommodations intermediaries." Prior to these amendments, transient occupancy tax was calculated based on the total charge for the room collected by the lodging establishment (but not on any intermediary). The ordinance amendments also clarify that although the County's Commissioner of Revenue assesses the tax, tax payments should be made to the County Treasurer. FISCAL IMPACT: Transient occupancy tax revenues in the fiscal year 2022 budget total $807,597. This budgeted amount is reduced because of the COVID pandemic; historically, the County has collected approximately $1.4 to $1.5 million per year in transient occupancy tax revenues. While these changes will result in a positive impact on revenues, as transient occupancy tax will now be based on the total charge paid by the customer and not just on the room rental paid to the lodging facility, the impact is not likely to be significant. The exact amount is difficult to calculate without knowing the amount of additional fees and charges not previously included in the gross revenues for tax collection. STAFF RECOMMENDATION: Staff recommends that the Board approve the first reading of the proposed ordinance and set the second reading and a public hearing for September 7, 2021. 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, AUGUST 24, 2021 ORDINANCE AMENDING CHAPTER 21 (TAXATION), ARTICLE IX (TRANSIENT OCCUPANCY TAX) OF THE ROANOKE COUNTY CODE WHEREAS, the proposed ordinance amendments, consistent with the changes to the Code of Virginia (Sections 58.1-3818.8 and 58.1-3819) enacted by the 2021 General Assembly (and which become effective on September 1, 2021), will require persons or entities offering room rentals to calculate the transient occupancy tax based on the total charge to the customer, including accommodation fees charged to the customer by online travel companies or other "accommodations intermediaries"; and WHEREAS, prior to these amendments, transient occupancy tax was calculated based on the total charge for the room collected by the lodging establishment (but not on any intermediary); and WHEREAS, the ordinance amendments also clarify that although the County's Commissioner of Revenue assesses the tax, tax payments should be made to the County Treasurer; and WHEREAS, the first reading of this ordinance was held on August 24, 2021, and the second reading and public hearing were held on September 7, 2021. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the Roanoke County Code is hereby amended to read and provide as follows: Page 1 of 7 Note: Text additions are in red font. Text deletions are in red font and are struck through. ARTICLE IX. - TRANSIENT OCCUPANCY TAX Sec. 21-201. - Definitions. As used in this article, unless the context clearly indicates otherwise: (a) Transient. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement, either at his own expense or at the expense of another, for a period of twenty-ninethirty (2930) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel or travel campground for which charge is made shall be deemed to be a transient until the period of twenty-ninethirty (3029) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy, or the occupant has paid in advance for over twenty- ninethirty (3029) days of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this article may be considered. (b) Occupancy. "Occupancy" means the use or possession or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. (c) Hotel. "Hotel" includes, but is not limited to, any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any public or private hotel, inn, tourist home or house, motel, house, boarding house, dormitory, public or private club, apartment hotel, hostelry, mobile house or house trailer at a fixed location, or other similar structure or portion thereof within the county which offers lodging for five (5) or more persons at any one time and the owner and operator thereof offers lodging to any transient for compensation. (d) Travel campground means any area, site, lot, field, or tract of land offering spaces for recreational vehicles or campsites for transient dwelling purposes, or temporary dwelling during travel, or recreational or vacation uses. (e) Operator. "Operator" means the person who is proprietor of the hotel or travel campground, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this section and shall have the same duties and liabilities as his principal. Compliance with the provisions of this section by either the principal or the managing agent shall, however, be considered to be compliance by both. (f) Rent. "Rent" means the total price, exclusive of any tax imposed on such charge, paid by the customer for the occupancy of any hotel or travel campground for lodging or space furnished to any transient. If the charge made by any hotel or travel campground to a customer includes any charge for services or Page 2 of 7 Note: Text additions are in red font. Text deletions are in red font and are struck through. accommodations in addition to that of lodging and/or use of space, then such portion of the total charge representing only lodging and/or space rental shall be distinctly set out and billed to such customer by such hotel or travel campground as a separate item. Room rental includes the full retail price charged to the customer by any accommodations intermediary for the lodging or space furnished to any transient, before taxes. (f) means the consideration charged, whether or not received, for the occupancy of space in a hotel or travel campground valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and service of any kind or nature, without any deduction therefrom whatsoever. (g) Room rental. "Room rental" means the total charge made by any hotel or travel campground for lodging or space furnished to any transient. If the charge made by any hotel or travel campground to a transient includes any charge for services or accommodations in addition to that of lodging and/or use of space, then such portion of the total charge representing only lodging and/or space rental shall be distinctly set out and billed to such transient by such hotel or travel campground as a separate item. (h)(g) Person. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, person acting in a representative capacity, or any other group or combination acting as a unit. (i)(h) Commissioner of the revenue means the commissioner of the revenue of Roanoke County, Virginia. (j)(i) Treasurer means the treasurer of Roanoke County, Virginia. (j) License inspector means a license inspector in the office of the Commissioner of the Revenue of Roanoke County, Virginia. (k) Accommodations intermediary. Accommodations intermediary means any person other than an operator that facilitates the sale of an accommodation, charges a room charge to the customer, and charges an accommodations fee to the customer, which fee it retains as compensation for facilitating the sale. For or in any other way arranging for the purchase of the right to use accommodations via a transaction directly, including via one or more payment processors, between a customer and an Operator. (Ord. No. 85-120, § 2, 7-9-85, 9-07-21) State Law reference Code of Virginia § 58.1-602, § 58.1-3818.8 Sec. 21-202. - Levied; rate. In addition to any other tax imposed by law, there is hereby imposed on each and every customer a tax equivalent to seven (7) percent of the total rent, for a hotel or travel campground, paid by the customer for occupancy by a transient. There is hereby Page 3 of 7 Note: Text additions are in red font. Text deletions are in red font and are struck through. imposed a transient occupancy tax on hotels and travel campgrounds on each and every transient, equivalent to seven (7) percent of the total amount of charge for the occupancy of any room or space provided. Said tax constitutes a debt owed by the transient to the county which is extinguished only by payment to the operator or to the county. The transient shall pay the tax to the operator of the hotel or travel campground or accommodations intermediary at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel or travel campground. (Ord. No. 85-120, § 2, 7-9-85; Ord. No. 32393-9, § 1, 3-23-93; Ord. No. 082812-4 , § 1, 8-28-12, 9-07-21) State Law reference Code of Virginia § 58.1-3818.8, § 58.1-3819.1 Sec. 21-204. - Collection. Each operator or accommodations intermediary receiving any payment rent for room rental with respect to which a tax is levied under this article shall collect the amount of tax hereby imposed from the transient on whom the same is levied, or from the person paying for such room rental, at the time payment rent for such room rental is made. The taxes required to be collected hereunder shall be deemed to be held in trust by the operator or accommodations intermediary required to collect the same until remitted as required by this article. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator or accommodations intermediary. No operator of a hotel or travel campground or accommodations intermediary shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator or accommodations intermediary, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. Sec. 21-205. - Reports and remittance of tax. Each operator or accommodations intermediary collecting the tax levied under this article shall make a report, upon such forms and setting forth such information as the commissioner of the revenue may prescribe and require. Such report shall show the amount of room rental charges collected and the tax required to be collected and shall sign and deliver the same to the commissioner, with a remittance of such tax due to the treasurer. Such reports and remittances shall be made quarterly on or before the last day of October, January, April, and July in each year, and shall cover the amount of tax collected during the three (3) months immediately preceding the months in which such reports and remittances are required. If the remittance is by check or money order, the same shall be payable to the county. (Ord. No. 85-120, § 2, 7-9-85) Page 4 of 7 Note: Text additions are in red font. Text deletions are in red font and are struck through. Sec. 21-206. - Failure to collect, report or remit. If any operator or accommodations intermediary shall fail or refuse to collect the tax levied by this article and to make, within the time provided in this article, any report and remittance required by this article, the commissioner shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the commissioner shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any operator or accommodations intermediary who has failed or refused to collect the same and to make such report or remittance, he shall proceed to determine and assess against such operator or accommodations intermediary the tax, interest, and penalties provided for by this article and shall notify such operator or accommodations intermediary by registered mail sent to his last known place of address of the total amount of such tax, interest, and penalties, and the total amount thereof shall be payable within ten (10) days from the date of such notice. (Ord. No. 85-120, § 2, 7-9-85) Sec. 21-207. - Penalties and interest. If any operator or accommodations intermediary fails or refuses to remit to the commissioner of the revenuetreasurer the tax required to be collected and paid under this article within the time and amount specified in this article, a penalty of ten (10) percent of the amount of the tax, in addition to the amount of the tax, shall be imposed by the treasurer of the county. Further, if the tax remains delinquent and unpaid for a period of one month from the date same is due and payable, a second delinquency penalty of ten (10) percent of the amount of the tax in addition to the amount of the tax and the initial ten (10) percent penalty, shall be imposed. In addition to the penalties imposed, any operator or accommodations intermediary who fails to remit any tax imposed by this article shall pay interest at the rate of one-half (½) of one (1) percent per month on the amount of the tax exclusive of penalties, from the date on which the remittance first became delinquent until paid. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. (Ord. No. 85-120, § 2, 7-9-85) Sec. 21-208. - Records to be kept. It shall be the duty of every operator or accommodations intermediary liable for the collection and payment to the county of any tax imposed by this section to keep and preserve, for a period of two (2) years, such suitable records as may be necessary to Page 5 of 7 Note: Text additions are in red font. Text deletions are in red font and are struck through. determine the amount of such tax, which records the commissioner shall have the right to inspect at all reasonable times. (Ord. No. 85-120, § 2, 7-9-85) Sec. 21-209. - Cessation of business. Whenever any operator or accommodations intermediary required to collect and pay to the county a tax under this article shall cease to operate or otherwise dispose of his business, any tax payable hereunder to the county shall become immediately due and payable and such person shall immediately make a report and pay the tax due. (Ord. No. 85-120, § 2, 7-9-85) Sec. 21-212. - Refunds. (a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the county under this article, it may be refunded as provided in paragraphs (b) and (c) of this section, provided a claim in writing therefore, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the commissioner of the revenue within three (3) years of the date of payment. The claim shall be on forms furnished by the commissioner of the revenue. (b) An operator or accommodations intermediary may claim refund or take as credit against taxes collected and remitted the amount over-paid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the commissioner of the revenue that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator or accommodations intermediary. (c) A transient may obtain a refund of taxes over-paid or paid more than once or erroneously or illegally collected or received by the county by filing a claim in the manner provided in paragraph (a) of this section, but only when the tax was paid by the transient directly to the treasurercommissioner, or when the transient having paid the tax to the operator or accommodations intermediary, establishes to the satisfaction of the commissioner that the transient has been unable to obtain a refund from the operator or accommodations intermediary who collected the tax. (d) No refund shall be paid under the provisions of this section unless the claimant establishes his right by written records showing entitlement thereto. (Ord. No. 85-120, § 2, 7-9-85) Page 6 of 7 Note: Text additions are in red font. Text deletions are in red font and are struck through. Sec. 21-213. - Actions to collect. Any tax required to be paid by any transient under the provision of this article shall be deemed a debt owed by the transient to the county. Any such tax collected by an operator or accommodations intermediary which has not been paid to the county shall be deemed a debt owed by the operator or accommodations intermediary to the county. Any person owing money to the county under the provisions of this article shall be liable in action brought in the name of the county for the recovery of such amount. (Ord. No. 85-120, § 2, 7-9-85) Page 7 of 7 Note: Text additions are in red font. Text deletions are in red font and are struck through. ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 24, 2021 AGENDA ITEM: Ordinance approving a lease with .com Properties, IV, LLC for 40 parking spaces of a lot located at 200 East Calhoun Street SUBMITTED BY: Joyce Earl Director of Social Services APPROVED BY: County Administrator ISSUE: Approval of a new lease for parking for Department of Social Services BACKGROUND: The Department of Social Services (DSS) building located at 220 East Main Street in Salem has limited parking for the approximately one hundred DSS staff members and the clients they serve. The County currently leases parking spaces that are directly utilization of these 40 parking spaces. DISCUSSION: The parking spaces previously owned by Union Bank and Trust were purchased by .com Properties, IV, LLC. The manager of .com Properties originally declined to continue the lease, pending sale or lease of the other commercial buildings he owns, however, a six-month term was agreed upon. There are no other viable options for parking spaces. There have been no changes since the first reading of this ordinance. Page 1 of 2 FISCAL IMPACT: Roanoke County will pay rent of $1,500 per month for the initial six-month term. We will have the option to review this lease for six (6) additional months with the same terms and conditions. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. 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, AUGUST 24,2021 ORDINANCE APPROVING A LEASE WITH.COM PROPERTIES, IV, LLC,FOR 40PARKING SPACES OF A LOT LOCATED AT200 EAST CALHOUN STREET IN SALEM, VIRGINIA WHEREAS, the Roanoke County Department of Social Services(“DSS”) employs more than 100persons and provides services to Roanoke County, the Town of Vinton, and the City of Salem); and WHEREAS DSS is located inaformer bank building located at 220 East Main Street, Salem, Virginia; and WHEREAS, the County owns some land adjacent to the DSS building, but such land is insufficient to meet the parking needs of all staff members and clients of DSS; and WHEREAS,no otherreasonablysuitable parcels or tracts of land are available for lease or sale to use asparking facilities to serve DSSstaff and clientsnearthe County-owned DSS building; and WHEREAS, .com Properties, IV, LLC, (“Dotcom”) is the successor in interest to the prior banking institutions who owed the adjacent real estate; and WHEREAS, the County has leased parking spaces from the banks thatowned property adjacent to the DSS building for necessary use by DSS staff and clients since the County acquired the building in2001. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1of 2 1.That pursuant to the provisions of Sections 2.01 and 2.03of the Charter of Roanoke County, the County is authorized to acquire property, including the lease of real estate; and 2.That pursuant to the provisions of Section 18.04 ofthe Charter of Roanoke County, the acquisition of any interest in real estate shall be accomplished by ordinance, the first reading of this ordinance was held on August 10, 2021, and the second reading of this ordinance was held on August 24, 2021. 3.That the execution of a Lease Agreement(“Agreement”) with Dotcomto lease 40parking spaces in a parking lot located at 200 East Calhoun Street,Salem, Virginia, for use by DSSstaff and clients is hereby authorized. 4.That the lease term shall commence on September 1, 2021, and continue for a period of six months,with the option to renew for an additional successive six- month periods,upon thesame terms and conditions contained in the Agreement, unless terminated as provided in the agreement. 5.That the rent shall be the sum of $1,500per monthduring the initial six- monthterm. 6.That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the lease of this property, all of which shall be approved as to form by the County Attorney. 8.That this ordinance shall be effective on and from the date of its adoption. Page 2of 2 DEED of LEASE WHEREAS, .com Properties, IV, LLC Salem, Virginia, including commercial parking spaces located behind a building owned by the Board of Supervisors of Roanoke County, Virginia for its Department of Social Services ; and WHEREAS, .com purchased commercial property previously owned by Union Bank & Trust and assumed the existing lease between Union Bank and Roanoke County for such parking spaces; and WHEREAS, Roanoke County Department of Social Services has offices near commercial property in Salem, Virginia and needs access to additional parking spaces for its employees; And WHEREAS, the County and .com have reached an agreement for the County to lease parking spaces from .com for use by County employees, and the parties have agreed to the following terms: W I T N E S S E T H This DEED OF LEASE, made and entered into this ________ day of September, 2021, by and between .COM PROPERTIES, IV, LLC, Grantor, hereinafter referred to as , political subdivision of the Commonwealth of Virginia, its successors or assigns, Grantee, . That for and in consideration of the premises and the mutual covenants contained herein, the parties agree as follows: 1. Leased Premises. The Landlord hereby rents and leases to the Tenant, in accordance with the terms and conditions set forth in this Agreement, the following real property, herein referred to as tremises,-wit: A portion of that tract or parcel of real estate containing forty (40) parking spaces of a parking lot located at 200 E. Calhoun Street, Salem, Virginia, bounded by Calhoun Street and Colorado Street, said parcel designated as City of Salem Tax Map #106-13-9 (attached as ). 2. Term of Lease. The term of this lease shall be for a period of six (6) months, said term to commence on September 1, 2021, and continue through February 28, 2022. The Tenant shall have the option to renew this Lease for six (6) additional months commencing March 1, 2022 and continuing until August 31, 2022, upon the same terms and conditions contained in this Agreement; said lease may be renewed by providing written notice to the Landlord on or before March 31, 2022. Either party may terminate this lease by providing ninety days written notice unless the Premises are sold by the Landlord. In that 0 ¦¤ ΐ ®¥ Γ case, Termination Notice will be sixty (60) days written notice from the Purchase Contract Effective Date. 3. Rental. The Tenant shall pay as rent the sum of One Thousand Five Hundred Dollars per month for the initial six-month term. Rent shall be payable each month in advance by Tenant to Landlord at the address designated herein, or by electronic transfer of funds, appropriations being made for such purpose by the governing body of the County of Roanoke. 4. Taxes. During the term of this Lease, Landlord shall remain responsible for the payment of all taxes and assessments imposed on the Premises, provided, however, that Tenant agrees to pay the amount of any real estate tax increase which is directly attributable to improvements made to the premises by the Tenant. 5. Use and Possession. It is understood and agreed by the parties that the Premises are to be used, during the term of this lease, for the purpose of parking or storing motor vehicles, and may include the construction of certain improvements by the Tenant for any related purposes. Any structures or other improvements placed upon the property by the Tenants shall remain the property of the Tenant and may be removed at any time prior to the expiration of this Agreement, but such removal shall not be deemed an abandonment or storage facilities for petroleum products on the property. 6. Condition. The Tenant has examined and knows the condition of the Premises and accepts same in its current condition. Tenant acknowledges that no representation as to the condition or repair of the Premises thereof has been made by the Landlord, except as provided for herein. The Premises shall be returned to the Landlord at the expiration of this lease in its current condition and state of repair, with allowance for ordinary wear and tear. 7. Liabilities. During the term of this Lease, Tenant will provide and pay for all utilities which may be necessary to Tenant for the reasonable and proper use and enjoyment of the demised premises by the Tenant. Landlord agrees to grant such approvals to the utility companies as may be necessary for the installation of utility services. 8. Insurance. Tenant covenants that it shall, during the term of this lease, keep in full force and effect a policy of general liability insurance or such comparable self- insurance as may be authorized by the laws of the Commonwealth of Virginia with limits of at least $1,000,000 for personal injury to or death of any one person and $2,000,000 for injury to or death of more than one person in any one occurrence and $100,000 for property damage. 0 ¦¤ Α ®¥ Γ 9. Landlord Covenants. Landlord covenants and represents that it has the full and complete ownership of the leased Premises; that it has the full power and right to execute this lease and to perform the obligations hereunder; that no private restrictions exist with respect to the said premises or the use thereof; that no one, exclusive of the Landlord and Tenant and their respective successors in interest, has any interest in or claim against the leased premises; and that the proposed use of the leased premises by the Tenant is lawful and permissible under all laws and regulations. 10. Notices. All written notices required or permitted by this Lease Agreement may be delivered in person or shall be sent by certified mail, return receipt requested (postage prepaid) to the Landlord or Tenant at the following addresses: Landlord: Richard C. Bishop .com Properties, IV, LLC 1401 Coulter Drive, NW Roanoke, VA 24012 Tenant: Board of Supervisors of Roanoke County Attn: Doug Blount, Director Department of General Services 1206 Kessler Mill Road Salem, VA 24153 11. Agent. Landlord acknowledges that no real estate agent was involved in this transaction and agrees to indemnify and hold Tenant harmless from any claim for a 12. Modification. This Agreement represents the entire understanding between the parties and may not be modified or changed except by written instrument executed by the parties. 13. Governing Law. This Agreement shall be construed pursuant to the laws of the Commonwealth of Virginia and shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns. 14. Authority. This Lease Agreement is executed by the County Administrator of Roanoke County by authority and on behalf of the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance #__________________________ adopted by said Board on the ________ day of August, 2021. 15. Indemnification. Landlord shall indemnify Tenant and hold Tenant harmless from and against any and all claims, actions, damages, liability and expense (including without limitation, fees of attorneys, investigators and experts) in connection with the loss of life, personal injury or damage to property caused to any person in or about the Premises or occasioned wholly or in part by any act or omission of Landlord, its agents, contractors, employees, licensees or invitees; unless such loss, injury or damage was caused solely by the negligence of Tenant, its agents, employees, licensees or invitees. Tenant agrees that it 0 ¦¤ Β ®¥ Γ maintains liability and other applicable insurance policies for any covered acts that may assigns. 16. Execution. This Agreement shall be executed in duplicate, each of which shall constitute an original. WITNESS the following signatures and seals: Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY ___________________________ By:___________________________________ County Attorney County Administrator Commonwealth of Virginia, County of Roanoke, to-wit: The foregoing instrument was acknowledged before me this ______ day of _________________________, 2021, by , County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia, Tenant. ______________________________________ Notary Public My commission expires: __________________ .COM PROPERTIES, IV, LLC By:___________________________________ Richard Bishop Title___________________________________ Commonwealth of Virginia, City/County of ___________, to-wit: The foregoing instrument was acknowledged before me this ______ day of _____________________________, 2021, by Richard Bishop on behalf of .com Properties, IV, LLC, Landlord. ______________________________________ Notary Public My commission expires: __________________ 0 ¦¤ Γ ®¥ Γ 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: August 24, 2021 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: County Administrator ISSUE: Open district appointments BACKGROUND: 1. Library Board (appointed by District) The following District appointments remain open: Vinton Magisterial District Windsor Hills Magisterial District 2. Parks, Recreation and Tourism Advisory Commission (appointed by District) The following appointments remain open: epresenting the Vinton Magisterial District expired June 30, 2019. Rich Tomlinson's three (3) year term representing the Vinton Magisterial District expired June 30, 2021. Murray Cook's three (3) year term representing the Windsor Hills Magisterial District expired June 30, 2020. Page 1 of 2 There is also one open Windsor Hills Magisterial District appointee. 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,AUGUST 24, 2021 RESOLUTION APPROVINGAND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H-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 August 24, 2021,designated as Item H-ConsentAgenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 as follows: 1.Approval of minutes –May 11, 2021 Page 1of 1 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Unaudited OutstandingOutstanding June 30, 2021AdditionsDeletionsAugust 24, 2021 VPSA School Bonds$74,515,490$-$8,552,438$65,963,052 Lease Revenue Bonds77,530,000--77,530,000 Subtotal152,045,490-8,552,438143,493,052 Premiums10,777,149--10,777,149 $162,822,639$-$8,552,438$154,270,201 Submitted ByLaurie L. Gearheart Director of Finance and Management Services Approved ByDaniel R. O'Donnell County Administrator e %%%% c 9981 n 4128 a .... i r 9472 0.00%5.72%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% 3915 a-2.83% 49.39%85.13%15.62%12.23%93.23%52.81% 5 -46.24%-86.95% V 467.78%100.00% -155.91% f s o e c n % a ) i r 6349 000000000 5240 a 5474 (10) s 5833 365126 Vl ,,,, (742) a 9141 7,6277,763 0(6,099)4(1,334)(3,943)12 u 11,93021,309 t( 9 (35,903) , c (531,975) 1 A $2,441,166 t %%%% e s 5281 g e 4034 .... d u 3001 u 4.84%0.00%1.21%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%6.79%2.97%7.02%0.00% n - 11 -0.34%-2.61%-3.98% 11.34%10.08%11.41%14.72% B e v f e o R % ) 3999 r 000000000000 s 8324 a e 3003 e126471 ,,,, u 5730 Y 6,3762,8854,535 n ( 3(7,164)84(4,979) t 62,34212,79640,34926,229 e 8 n , v (113,722) e 4 e r s r R $4,942,730 u e u C n 4700 e 6400 v 5305 210 t,,,, e 4203 e R 0505 g 42,50015,85064,600 l 0683 d 529,072180,000,660,000725,000807,597275,000,549,840127,000353,500125,000178,200 a u 05 3,710,9282,900,0003,650,0006,364,0002,400,0001,400,0004,270,750 u 43 B t 33,500,00012,200,000 1 c $102,084,564 A E d K t n %%%% e s Oa 7129 g e 1163 N.... d d u 2085 u 2.54%1.31%0.00%0.80%0.00%0.00%0.39%0.00%0.00%0.00%0.00%0.00%0.00%0.00%9.93%2.51%0.52%4.76%5.39% Ae n t-0.00%-1.45% 10.80%13.12%15.14% B e O -10.19% e v f g R e o d R F u % OB f 7450 0000000000 Y o s r 2884 10 T e(54) t a 8760 398866 ,,,, u n e N 5489 6,0114,2198,478 n e Y 2(1,065)361 U General Fund - C10035,90354,71419,04026,971 e 9 r(12,743) , 418,252 m v O o 2 i e e r t C R $2,501,564 a P t S 7350 e 7640 v 4885 i t 210 ,,,, t e 2963 a g 3495 r 73,60042,50015,85064,600 For the One Month Ending Saturday, July 31, 2021 d 9673 a 750,000180,000,800,000600,000734,179,506,685167,000353,500125,000178,200 u 40 p 3,400,0002,900,0009,096,4753,750,0005,420,0002,383,6001,509,5093,382,500 B 33 31,991,250 m 1 $98,611,227 o C s e s n s e e c x s i a e L r T s d u t ye ni t x r a e f a e r s T p o e l o F e r a F c Pd , lo n s aL a t r i r s e e m e n r h n et e i GOPF llll aaaa tttt oooo TTTT Real Estate TaxesPersonal Property TaxesPublic Service Corp BasePenalties & Interest on Property TaxesPayment In Lieu Of TaxesCommunication TaxesLocal Sales TaxConsumer Utility TaxBusiness License TaxFranchise TaxMotor Vehicle License FeesTaxes On Recordation & WillsUtility License TaxHotel & Motel Room TaxesTaxes - Prepared FoodsOther TaxesAnimal Control FeesLand and Building FeesPermitsFeesClerk of Court FeesPhotocopy ChargesFines and ForfeituresRevenues from Use of MoneyRevenues From Use of Property e %%%%%%% c 4840009 n 0765000 a ....... i r 3626005 0.00%0.00%0.00%0.00%5.12%0.00%0.00%0.00%0.00%0.00% 3443 a 51.51% 21 -10.62% V -- -247.87%-185.71%-779.46% f s o e c n % a )) i r 1437007 00000000 26972 a s 00629 Vl ,,,,, (715) a 74137 2,2692,358 5(4,420)7(1,350)8 u t(( 7 (53,349)(67,273) , c 1 A t %%%%%%% e s 1708003 g e 0562005 ....... d u 7020002 u 0.57%0.55%0.00%0.00%2.99%4.76%0.00%0.08%0.00%1.98%0.00%0.00%0.00%0.00%0.00% n B e v f e o R % 0830004 r 000000000 s 50626 a e 29245 e385 ,,,,, u 11005 Y 8,6314,405 n 22559 t 21,52341,63246,016 e 0 n , v e 5 e r r R u C 0000001 0000 000405 240842 t,,,,,, 305943 e 053348 g 70,000 389177 d ,771,464288,536875,000,402,000,744,400, u 3181 3,780,4005,472,4534,448,8652,320,5695,495,953 10 B 2 t %%%%%%% e s 9148004 g e 6972007 ....... d u 4150001 u 1.92%1.57%0.00%0.00%4.85%0.34%0.04%0.00%1.99%0.00%0.00%0.00%0.00%0.00% n 18.27% B e v f e o R % 9253007 00000000 s r 27543 e a 29916 ,,,,, u e 45177 1,1001,3502,136 n Y 17240 74,87275,90446,05143,658 e 13 r , v o 3 i e r R P 0554009 0000 07444 20279 t ,,,,, e 30534 4,500 g 07214 70,000 d 39101 ,759,934415,536949,775,402,000,, u 3270 3,900,0755,268,3774,518,1842,195,6834,625,000 B 19 1 e y t u r n e e p s v o e r e s c r P e R u c l i d o a v n r r S a e e s g d y S u n e e i r o nF c o e f on s d n ar s Mn a ln e s e l fai f l g e os F a r e t c tn r a e o s aa e i sh t r T h UCMStT d lllll O n aaaaa l ttttt a r a ooooo t TTTTTG o Charges for ServicesCharges for Public ServicesEducation Aid-StateReimb-Shared Programs SalemMiscellaneous RevenueRecovered CostsNon-Categorical AidShared ExpensesWelfare & Social Services-Categorica lOther State Categorical AidWelfare & Social ServicesEducation Aid-FederalOther Categorical AidOther Financing SourcesTransfers T e%%%%% c 50614 f n 58298 ..... o a i 4.96%6.55%5.67%0.00%0.00%0.00%4.33%0.00%0.00%1.56% 11000 r -5.42%-4.92%-2.90%-1.91%-7.46%-4.45%-5.83%-4.22% 15.98% % 1 a -14.59%-26.72% - -251.49% V s e c ) n 00000 83961 a i 86927 r 45712 s a,,,,, l 7,5272,377 44789 V a (1,072)(2,963)(8,702)(9,055)(6,273) 76,59523,57516,28925,573 6 u (25,731)(37,685)(24,650)(35,444)(16,410)(16,302) ( t c A t %%%%% m s e 51553 u e g 88428 c c ..... d n n6.00%7.10%3.27%9.51%7.93%8.69%7.74%5.07%7.12%8.76%5.55%9.15%6.85%6.54%0.00%0.00%6.80%0.00%7.85%0.00%6.68% 68777 u E a25.00% rB b&f o m p x u % c E n E s 0000 41944 e d rs64172 c n ae76966 n ,,,,, ar e a 87018 u r s t Y 19,80215,19659,63168,472 i85730 b e t 553,766155,457102,184488,431289,767458,086113,399101,949128,976593,362386,286156,889 52101 d r ,,, n m n u 1,287,3411,335,516 311 t e u ie r c r p d n u x n E e E C E p K & x O E l 0000 N11509 a 72494 A u t75825 t ,,,,, O e c 93155 R g A 82526 d 330,283464,067837,240781,935515,902 F 59521 d u ,,,,, O7,795,4211,634,7701,288,7519,640,4225,219,5805,008,3281,656,5341,558,9138,730,9814,918,6662,350,328 n 82244 B 14,810,60817,263,575 a 411 Y d T e Nt e U %%%%% g t General Fund - C100 m O 60458 d e u 38581 C u g ..... c d B 6.39%7.65%9.01%8.53%8.26%7.94%5.78%7.23%4.18%8.48%6.32%7.46%0.00%0.00%6.94%0.00%8.53%0.00%6.80% 88768 n u f 22.86%14.25%25.00% E o B t &f n o p e x % m E e t For the One Month Ending Saturday, July 31, 2021 a s t 0000 13035 e S s57417 c r e75486 e n ,,,,, r a v a 59102 i u e r t t 20,87494,81368,33385,660 94841 i b aY 580,064144,426105,148537,331112,446212,301416,046114,360128,976581,111402,588154,957 d62091 r ,, r m n a 1,144,8051,330,971 31 o u e i p r c p m Pn x o E E C & 0000 84178 53846 78847 t ,,,,, e 25313 g 23730 d 326,454414,708945,241788,879515,902 38876 ,,,,, u 7,581,5961,602,9121,232,9229,295,0415,081,8424,903,6031,808,7901,148,3338,369,2004,718,6662,279,915 82033 B 13,862,05116,771,548 411 n o i t a r t s i n i m d A t n e e r ma f l n r e e ys v W t k o e r d f o G n a l a l SW a a r ih cc t ii e c l ll i n a bb d e e uu u LegislativeGeneral & Financial AdministrationElectoral Board & OfficialsGCourtsOther Judicial SupportJLaw Enforcement & Traffic ContFire and RescueCorrection & DetentionAnimal ControlPGeneral Services AdministrationRefuse DisposalMaint Buildings & GroundsEngineeringInspectionsGarage ComplexPMental HealthPublic HealthSocial Services AdministrationComprehensive Services ActPublic AssistanceSocial Services OrganizationsHParks & Recreation e%%%%% c 06047 f n 64037 ..... o a i 3.15%0.00%0.00%0.00%0.00%0.00%3.91% 23210 r -3.46%-3.13% - 18.17%24.13%12.23%10.38% % 1 a -86.89% 100.00% V s e c ) n 00000 40813 a i 67616 r(51) 211 22365 s a,,,,, l 8,8876,986 14330 V a (2,927) 26,46964,07983,843 1613 u t172,871 211 (197,454) ( c A t %%%%% m e 94167 u g 56276 c ..... d n 6.54%0.00%6.52%0.24%8.13%0.00%4.39%0.11%0.00%0.00%6.88% 66688 u E 16.50%55.63%50.00%44.52% 1 B &f o p x % E s 0000 52796 e 59 rs09744 c 211 ae12124 n ,,,,, r e a 93886 u r t Y 84,64038,44155,000 i32249 b t 282,216135,662617,487 41344 d ,,, n m n 1,519,9686,305,5342,142,715 287 e u e r 1 c r p n u x E E C & 000 99701 78735 t43492 ,,,,, e 57583 g 87,09752,000 65638 d 472,690110,000794,400 68347 u ,,,,, 4,315,1511,297,6023,086,9749,212,1031,110,0004,813,234 61461 B 91,625,696 190 2 %%%%% t m 00372 e u 67340 g ..... c d 6.49%0.00%7.12%0.00%6.84%0.00%4.63%0.21%0.00%0.00%7.58% 66699 n u 15.00%53.47%50.00%44.30% 1 E B &f o p x % E s 00000 86501 e s72062 c r 110 e88482 n ,,,,, r a a 99517 u e r t 88,37131,45555,000 21665 i b Y 274,921116,689553,408 d41951 ,,, r m n 1,240,1996,502,9882,058,872 187 o u e i 1 r c p Pn x E E & 000 19659 49294 62669 t ,,,,, e 48214 g 87,09752,00050,000 18344 d 459,622110,000 57041 ,,,,, u 4,234,7261,241,5802,519,8818,265,7451,035,0004,647,384 61200 B 85,794,311 199 1 l a r u t l u C & l n a t o i n t e t a us e m l rt r O a c t a e s o p r g R T e e n ,if d D ss n - n k n n n r a a a r o al r LibraryCultural EnrichmentPPlanning & ZoningCooperative Extension ProgramEconomic DevelopmentContribution to Human Service OrganizaPEmployee BenefitsDixie Caverns Landfill CleanupMiscellaneousTax Relief/Elderly & HandicappRefuse Credit VintonBoard ContingencyUnappropriated BalanceNInterfund Transfers OutIntrafund Transfers OutTG ACTION NO. _______________ ITEM NO. __________________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 24, 2021 AGENDA ITEM: Accounts Paid - July 2021 SUBMITTED BY: Laurie L. Gearheart Director of Finance and Management Services APPROVED BY: Daniel R. OÓDonnell County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct DepositChecksTotal Payments to Vendors-$ -$ 20,388,103.40$ Payroll07/09/211,458,419.8647,492.771,505,912.63 Payroll07/23/211,599,108.6122,616.441,621,725.05 Manual Checks- 1,228.60 1,228.60 $ 23,516,969.68 Grand Total A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. 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: August 24, 2021 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 31-Jul-21 SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON18,174,551.9718,174,551.97 GOVERNMENT: SCOTT STRINGFELLOW CONTRA(16,790.00) SCOTT STRINGFELLOW 43,501,414.21 WELLS FARGO0.00 WELLS FARGO CONTRA0.0043,484,624.21 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 35,804,668.2035,804,668.20 MONEY MARKET: ATLANTIC UNION BANK4,542,756.89 HOMETRUST BANK4,035,412.02 SCOTT STRINGFELLOW 17,956,012.72 WELLS FARGO5,288,287.46 31,822,469.09 TOTAL129,286,313.47 08/24/2021 ACTION NO. ITEM NO. L.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 24, 2021 AGENDA ITEM: Work session with the Roanoke County Board of Supervisors and the Towing Advisory Board SUBMITTED BY: Richard L. Caywood Assistant County Administrator APPROVED BY: County Administrator ISSUE: Joint work session with the County of Roanoke Towing Advisory Board BACKGROUND: On February 23, 2021, the Board of Supervisors appointed an advisory board to advise the governing body on appropriate provisions of a regulating ordinance or terms of a contract regulating police-initiated towing. This time has been set aside for the County of Roanoke Towing Advisory Board to present their findings to the Board of Supervisors. Page 1 of 1 ACTION NO. ITEM NO. L.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 24, 2021 AGENDA ITEM: Work session with the Board of Supervisors on the potential regulation of running bamboo SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: County Administrator ISSUE: This time has been set aside for a work session with the Board of Supervisors on the potential regulation of running bamboo. Page 1 of 1 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: August 24, 2021 AGENDA ITEM: Resolution establishing certain regulations of police-initiated towing services in Roanoke County SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: County Administrator ISSUE: Adoption of a resolution establishing certain regulations of police-initiated towing services in Roanoke County. BACKGROUND: On February 23, 2021, the Board of Supervisors established the County of Roanoke -1217, and appointed members thereto. The role of the Towing Advisory Board is to advise the Board of Supervisors with regard police-initiated towing services. DISCUSSION: The Towing Advisory Board conducted public meetings to discuss issues and recommendations on March 31, 2021, April 23, 2021, May 5, 2021, May 19, 2021, June 15, 2021, June 30, 2021, July 15, 2021, July 21, 2021, and August 19, 2021. A work session has been scheduled for August 24, 2021, at which the Towing Advisory Board will submit its final recommendations to the Board of Supervisors. A draft resolution has been prepared which adopts several of the key provisions Page 1 of 2 recommended by the Towing Advisory Board, but then directs the County Administrator or his designee to generally follow the remaining recommendations from the Towing Advisory Board in drafting the contract. This will enable County Staff to make contract adjustments, as needed; Board approval will not be required for every minor change that may be made to the contract. FISCAL IMPACT: There is no fiscal impact associated with the adoption of this resolution. STAFF RECOMMENDATION: Staff recommends that the Board adopt a resolution that regulates police-initiated towing services by contract. Staff recommends that the Board include select provisions in the resolution, but then direct the County Administrator or his designee to generally follow the remaining recommendations from the Towing Advisory Board in drafting the contract. 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, AUGUST 24, 2021 RESOLUTION ESTABLISHING CERTAIN REGULATIONS OF POLICE- INITIATED TOWING SERVICES IN ROANOKE COUNTY WHEREAS,on February 23, 2021,the Board of Supervisors established the County of Roanoke Towing Advisory Board(“Towing Advisory Board”) pursuant to Va. Code § 46.2-1217, and appointed members thereto; and WHEREAS, the role of the Towing Advisory Board is to advise the Board of Supervisors with regard to potentialprovisions of the County of Roanoke’s ordinances or contracts related to police-initiated towing services; and WHEREAS, the Towing Advisory Board conducted public meetings on March 31, 2021, April 23, 2021, May 5, 2021, May 19, 2021, June 15, 2021, June 30, 2021, July 15, 2021, July 21, 2021and August 19, 2021; and WHEREAS, on August 24, 2021 the Towing Advisory Board submitted its final recommendations to the Boardof Supervisors, which included the following: 1.The Towing Advisory Board recommends thatpolice-initiated towing services in the County of Roanoke be regulated by contract; 2.The Towing Advisory Board recommends afee schedule for police-initiated towing services in the County of Roanoke; 3.The Towing Advisory Board recommends a number of other itemsto be addressed pursuant to the contract, including: the number of contracts, term limits, certain definitions, response times, business qualifications, equipment requirements,geographical response areasandtraining requirements; and Page 1of 3 4.The Towing Advisory Board recommends that there be a designated process available to the public for sharing complaints related to police-initiated towing services, and a designated process for the disposition of said complaints.and; WHEREAS, the Board intends to follow the Towing Advisory Board’s recommendation that police-initiated towing services be regulated by contract; and WHEREAS, the Board further desires to follow, generally, the several other recommendations of the Towing Advisory Board, but also recognizes that the contract may need to be amended fromtime to time, and that it maybe prudentto refrain from establishing all of the contract terms by legislation (resolution). NOW THEREFORE BE IT RESOLVEDby the Roanoke County Board of Supervisors as follows: A.Police-initiated towing services shall be regulated in the County of Roanoke pursuant to contract, and upon such terms as determinedby the County Administratoror his designeeand approved by the County Attorneyas to form. B.Each contractor providing police-initiated towing services pursuant to a County of Roanoke contract shall operate his or her place of business within the Roanoke valley(within the geographical limits of Roanoke County, the City of Salem, or the City of Roanoke). Additionally, each contractor must provide a secure, illuminated (during evening hours of operation)impound lot and public accommodations at their place of business. Each contractor must also have at least five (5) years of public-safety tow experience. Page 2of 3 C.In the formation of acontract, the County Administratoror his designeeshall considerand generally followthe additional recommendations provided by the Towing Advisory Board,including those recommendations pertaining to the number of contracts, term limits, response times, business qualifications, equipment requirements,geographical response areas,and training requirements. D.The County Administratoror his designeeshall implement a designated process by whichthe publicmay submitcomplaints pertaining to police- initiated towing services, and County staff may consult with members of the Towing Advisory Board inthe dispositionof any complaint. Page 3of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 24, 2021 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 1of 1