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HomeMy WebLinkAbout3/25/2025 - 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, MARCH 25, 2025 RESOLUTION 032525-1 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION WITH CERTAIN GENERAL OBLIGATION SCHOOL BONDS PREVIOUSLY PURCHASED BY THE VIRGINIA PUBLIC SCHOOL AUTHORITY WHEREAS, the County of Roanoke, Virginia (the "County") previously issued its General Obligation School Bonds, Series 2007B (the "Local Bonds"), to finance certain capital projects for public school purposes, which were purchased by the Virginia Public School Authority ("VPSA"); and WHEREAS, VPSA has notified the County, that (i) VPSA is issuing its School Financing Refunding Bonds, Series 2025B to potentially refund all or a portion of the VPSA bonds that purchased the Local Bonds (the "Refunded VPSA Bonds") for debt service savings and (ii) VPSA will allocate the debt service savings achieved as a result of such refunding to the local school bonds purchased with the Refunded VPSA Bonds, including the Local Bonds; and WHEREAS, VPSA has notified the County that the County will receive its allocable share of the savings achieved over the remaining amortization period of the County's Refunded Local Bonds through an annual credit (the "Refunding Credit"), which will be paid to the County on or after August 1 of each applicable year, provided 'the County's debt service payments on the Local Bonds have been received; and WHEREAS, in order to receive the Refunding Credit, VPSA needs the County and the School Board of the County to execute a Certificate of Refunding of Local School Bond (the "Refunding Certificate") in a form substantially similar to the Certificate of Refunding of Local School Bond on file with the County's Director of Finance and Page 1 of 2 Management Services; and WHEREAS, the Board of Supervisors of the County (the "Board") desires to authorize the execution and delivery of the Refunding Certificate and the performance of such other actions required by VPSA in order to receive the Refunding Credit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board authorizes and directs the County Administrator and the Director of Finance and Management Services, or either of them, and such officers and agents of the County as either of them may designate, to execute and deliver the Refunding Certificate and to take such other actions and to sign such other documents as required by VPSA in order to receive the Refunding Credit. 2. This Resolution shall take effect immediately. On motion of Supervisor Hooker to approve the resolution; seconded by Supervisor North and carried by the following roll call and recorded vote: AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford NAYS: None A COPY TESTE: R' ar . Caywood, P.E. County Administrator/ Clerk to the Board of Supervisors CC: Laurie Gearheart, Director of Finance and Management Services Page 2 of 2 ACTION NO. 032525-2 ITEM NO. El AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 25, 2025 AGENDA ITEM: Ordinance authorizing the issuance of not to exceed $46,560,000 General Obligation School Bonds of the County of Roanoke, Virginia, to be sold through the Virginia Public School Authority (VPSA) SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Authorize the issuance of General Obligation Schools Bonds through VPSA in an amount not to exceed $46,560,000 BACKGROUND: VPSA loans are a part of the financing strategy, as outlined in the Memorandum of Understanding (MOU) between the County and Schools regarding Joint Capital Funding as approved by resolution by the Board of Supervisors on April 11, 2023 and amended on August 6, 2024 to construct a new Roanoke County Career and Technology Center (RCCTC). DISCUSSION: A new 123,289 square foot two-story building for the RCCTC has been approved to be built to house programs for auto repair and bodywork, communications, construction trades, cosmetology, criminal justice, culinary arts, dental, EMT, HVAC, manufacturing trades, nursing, radiology, and ROTC. There will be fourteen (14) classrooms associated with labs. Special education, life skills, and English classrooms will also be provided. At the entrance and adjacent to the culinary lab will be a common area that can be divided into two spaces with a vertically operated partition. A secure entry and administration suite with offices, counseling, conference rooms, and a clinic will open Page 1 of 3 into the common space, which is centrally located between the two classroom wings. The RCCTC will support 830 high school students daily, but not all students are present simultaneously. The estimated total project costs for the new RCCTC is approximately $79.97 million, with $4.10 million funded with cash, $4.31 in Virginia Department of Education School Construction grants, $25 million in Virginia Board of Education Literary loan fund, and $46.560 million to be funded with bonds issued through the Virginia Public School Authority. The Virginia Public School Authority (VPSA) was created by the General Assembly to issue revenue bonds and to use these proceeds to purchase or refinance bonds issued by local governments to finance capital project for public schools. VPSA pledges to the payment of its bonds the school bonds it purchases from local governments. Local bonds issued by counties and sold to the VPSA are not subject to the referendum requirement of the Virginia Constitution. VPSA bonds are sold twice a year so the next available bond issuance is the spring of 2025. The VPSA application was submitted in February for an amount not to exceed $46,560,000, with the bonds expected to be sold in Spring 2025. The first debt payment on the proposed bond issuance will occur in the 2026-27 fiscal year. The current interest rate environment is favorable, however this will be dependent on market conditions at the time of the sale and final amortization schedules provided by VPSA in the Spring of 2025. The School Board approved a reimbursement resolution on July 27, 2023 for this project to allow all project costs incurred prior to the bond sale to be reimbursed from a future VPSA bond issue. The School Board has adopted the necessary resolution to participate in the Spring 2025 issuance. Before the bonds can be sold, the County Board of Supervisors must hold a public hearing and adopt the attached ordinance, which outlines the parameters of the bond sale and the form of the bonds. The public hearing is scheduled for March 25, 2025. There have been no changes since the first reading of the ordinance on March 11, 2025. FISCAL IMPACT: Funding for this project was included in the fiscal year 2025-2034 Capital Improvement Program and appropriated by the Board of Supervisors. The budget was also a part of Page 2 of 3 the amended MOU between the County and Schools regarding Joint Capital Funding. Debt payments for this borrowing will begin in fiscal year 2026-2027 and are factored into the debt capacity for school capital improvements. Future County budgets will include the annual debt service to be paid from the funded joint school and county future capital fund. The County's debt policy established parameters for issuing debt and managing outstanding debt. The County does not have any Constitutional or Statutory Debt Limits. The County does abide by self-imposed debt targets. The proposed bond issue in the amount of $46.560 million will allow the County to stay within the limits of the County debt policy approved by the Board. STAFF RECOMMENDATION: Staff recommends approval of the ordinance. VOTE: Supervisor Mahoney moved to approve the ordinance. Supervisor North seconded the motion. Motion approved. Yes No Absent Ms. Hooker ® ❑ ❑ Mr. North ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. Radford ® ❑ ❑ CC: Laurie Gearheart, Director of Finance and Management Services Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON MARCH 25, 2025 ORDINANCE 032525-2 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED$46,560,000 GENERAL OBLIGATION SCHOOL BOND OF THE COUNTY OF ROANOKE, VIRGINIA, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County"), has determined that it is necessary and expedient to borrow an amount not to exceed $46,560,000 and to issue its general obligation school bond (as more specifically defined below, the "Local School Bond") for the purpose of financing a portion of the costs of the construction and equipping of, and the site work for, a new building for the Roanoke County Career and Technical Center, which constitutes a capital project for public school purposes, as the same may be amended by the Board from time to time (collectively, the "Project") and the costs of issuing the Local School Bond; WHEREAS, the County held a public hearing, duly noticed, on March 25, 2025, on the issuance of the Local School Bond in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); WHEREAS, the School Board of the County (the "School Board") has, by resolution, requested the Board to authorize the issuance of the Local School Bond and consented to the issuance of the Local School Bond; WHEREAS, Virginia Public School Authority("VPSA") has offered to purchase the Local School Bond along with the local school bonds of certain other localities with a portion of the proceeds of certain bonds to be issued by VPSA in the spring of 2025 (the "VPSA Bonds"); Page 1 of 10 200903555.3 WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $46,560,000 is the amount of proceeds requested (the "Proceeds Requested") from VPSA in connection with the sale of the Local School Bond; WHEREAS, VPSA's objective is to pay the County a purchase price for the Local School Bond which, in VPSA's judgment, reflects the Local School Bond's market value (the "VPSA Purchase Price Objective"), taking into consideration of such factors as the amortization schedule the County has requested for the Local School Bond relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA from the sale of the VPSA Bonds and other market conditions relating to the sale of the VPSA Bonds; WHEREAS, such factors may result in the Local School Bond having a purchase price other than par and consequently (i) the County may have to issue the Local School Bond in a principal amount that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Local School Bond set forth in section 1 below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; and WHEREAS, the first reading of this ordinance was held on March 11, 2025, and the second reading and public hearing of this ordinance was held on March 25, 2025. NOW, THEREFORE, BE IT ENACTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: Page 2 of 10 1. Authorization of Local School Bond and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bond as the Local School Bond referenced above in an aggregate principal amount not to exceed $46,560,000 for the purpose of financing the Project and the costs of issuing the Local School Bond. The Board hereby authorizes the issuance and sale of the Local School Bond in the form and upon the terms established pursuant to this Ordinance. 2. Sale of the Local School Bond. The sale of the Local School Bond, within the parameters set forth in paragraph 4 of this Ordinance, to VPSA is authorized. Given the VPSA Purchase Price Objective and market conditions, the County acknowledges that the limitation on the maximum principal amount of the Local School Bond set forth in paragraph 1 of this Ordinance restricts VPSA's ability to generate the Proceeds Requested, however, the Local School Bond may be sold for a purchase price not lower than 95% of the Proceeds Requested. The Chairman of the Board, the County Administrator, or either of them (each a "Delegate") and such other officer or officers of the County as either may designate are hereby authorized and directed to enter into an agreement with VPSA providing for the sale of the Local School Bond to VPSA(the"Bond Sale Agreement"). The Bond Sale Agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved, with such completions, insertions, omissions and changes not inconsistent with this Ordinance as may be approved by the County officer executing the Bond Sale Agreement. 3. Details of the Local School Bond. The Local School Bond shall be dated 16 days prior to the date of its issuance and delivery or such other date designated by Page 3of10 VPSA; shall be designated "General Obligation School Bond, Series 2025"; shall bear interest from its dated date payable semi-annually on each January 15 and July 15 beginning January 15, 2026 (each an "Interest Payment Date"), at the rates established in accordance with paragraph 4 of this Ordinance; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts acceptable to a Delegate (the "Principal Installments"), subject to the provisions of paragraph 4 of this Ordinance. 4. Interest Rates and Principal Installments. Each Delegate is hereby authorized and directed to accept the interest rates on the Local School Bond established by VPSA, provided that each interest rate shall be five one-hundredths of one percent (0.05%)over the interest rate to be paid by VPSA for the corresponding principal payment date of the VPSA Bonds, a portion of the proceeds of which will be used to purchase the Local School Bond, and provided further that the true interest cost of the Local School Bond does not exceed five and fifty one-hundredths percent (5.50%) per annum. The Interest Payment Dates, the Principal Payment Dates and the Principal Installments are subject to change at the request of VPSA. Each Delegate is hereby authorized and directed to accept changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments at the request of VPSA based on the final term to maturity of the VPSA Bonds, requirements imposed on VPSA by the nationally-recognized rating agencies and the final principal amount of the Local School Bond; provided, however, that the principal amount of the Local School Bond shall not exceed the amount authorized by this Ordinance and the final maturity of the Local School Bond shall not exceed 21 years from the date of the issuance and delivery of the Local School Bond. The execution and delivery of the Local School Bond as described in paragraph 8 hereof Page 4 of 10 shall conclusively evidence the approval and acceptance of all of the details of the Local School Bond by the Delegate as authorized by this Ordinance. 5. Form of the Local School Bond. The Local School Bond shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Local School Bond: (a) For as long as VPSA is the registered owner of the Local School Bond, all payments of principal, premium, if any, and interest on the Local School Bond shall be made in immediately available funds to VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 am. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Local School Bond. (c) U.S. Bank Trust Company, National Association, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Local School Bond. The County may, in its sole discretion, replace at any time the Bond Registrar with another qualified bank or trust company as successor Bond Registrar and Paying Agent for the Local School Bond. Page 5of10 The County shall give prompt notice to VPSA of the appointment of any successor Bond Registrar and Paying Agent. 7. Prepayment or Redemption. Unless otherwise directed by VPSA, the Principal Installments of the Local School Bond held by VPSA coming due on or before July 15, 2035, and the definitive bond for which the Local School Bond held by VPSA may be exchanged that mature on or before July 15, 2035, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Local School Bond held by VPSA coming due on or after July 15, 2036, and the definitive bond(s) for which the Local School Bond held by VPSA may be exchanged that mature on or after July 15, 2036, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2035, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Local School Bond to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2035 through July 14, 2036 101% July 15, 2036 through July 14, 2037 1001/2 July 15, 2037 and thereafter 100 Provided, however, that the Principal Installments of the Local School Bond shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or other registered owner of the Local School Bond. Notice of any such prepayment or redemption shall be given by the Page 6of10 Bond Registrar to VPSA or other registered owner by registered mail not more than ninety (90) and not less than sixty(60)days before the date fixed for prepayment or redemption. If VPSA refunds the VPSA Bonds in the future and such refunding causes the Local School Bond to be deemed refunded, the prepayment or redemption of the Local School Bond will be subject to VPSA approval and subject to similar prepayment or redemption provisions as set forth above that correspond to the call period of the VPSA Bonds issued in part to refund the Local School Bond. 8. Execution of the Local School Bond. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Local School Bond and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on the Local School Bond as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any portion of the Local School Bond shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Local School Bond as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Tax Compliance Agreement. The Chairman of the Board, the County Administrator and such other officer or officers of the Page 7 of 10 County or the School Board as either may designate are hereby authorized and directed to execute and deliver on behalf of the County a Use of Proceeds Certificate and Tax Compliance Agreement(the "Tax Compliance Agreement")setting forth the expected use and investment of the proceeds of the Local School Bond and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Local School Bond will be invested and expended as set forth in such Tax Compliance Agreement and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the VPSA Bonds will remain excludable from gross income for federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Director of Finance to participate in the State Non-Arbitrage Program in connection with the Local School Bond. The Chairman of the Board, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Local School Bond by and among the County, the other participants in the sale of the VPSA Bonds, VPSA and the investment manager, substantially in the form submitted to the Board at this meeting, which form is hereby approved. Page 8of10 12. Continuing Disclosure Agreement. The Chairman of the Board, the County Administrator and such other officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix D to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by Section 4 of the Bond Sale Agreement should the County be determined by VPSA to be a MOP (as defined in the Bond Sale Agreement). 13. Refunding. The Board hereby acknowledges that VPSA may issue refunding bonds to refund any bonds previously issued by VPSA, including the VPSA Bonds issued to purchase the Local School Bond, and that the purpose of such refunding bonds would be to enable VPSA to pass on annual debt service savings to the local issuers, including the County. Each of the Delegates is authorized to execute and deliver to VPSA such allonge to the Local School Bond, revised debt service schedule, IRS Form 8038-G or such other documents reasonably deemed necessary by VPSA and VPSA's bond counsel to be necessary to reflect and facilitate the refunding of the Local School Bond and the allocation of the annual debt service savings to the County by VPSA. The Clerk to the Board is authorized to affix the County's seal on any such documents and attest or countersign the same. Page 9 of 10 14. Filing of Ordinance. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Ordinance to be filed with the Circuit Court of the County. 15. Election to Proceed under Public Finance Act. In accordance with Section 15.2-2601 of the Virginia Code, the Board elects to issue the Local School Bond pursuant to the provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code. 16. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Local School Bond and otherwise in furtherance of this Ordinance and any such action previously taken is hereby ratified and confirmed. 17. Effective Date. This Ordinance shall take effect immediately. On motion of Supervisor Mahoney to adopt the ordinance, seconded by Supervisor North and carried by the following recorded vote: On motion of Supervisor Mahoney to approve the ordinance; seconded by Supervisor North and carried by the following roll call and recorded vote: AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford NAYS: None A COPY TESTE: d L. Ca oo .E. County Administrator/ Clerk to the Board of Supervisors CC: Laurie Gearheart, Director of Finance and Management Services Page 10of10 * * * The undersigned Chief Deputy Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on March 25, 2025, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that,during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: David F. Radford, Phil C. North, Martha B. Hooker, Paul M. Mahoney, and Tammy E. Shepherd. Members absent from the meeting were: None. Members voting in favor of the foregoing ordinance were: David F. Radford,Phil C.North, Martha B. Hooker, Paul M. Mahoney, and Tammy E. Shepherd. Members abstaining from voting on the foregoing ordinance were: None. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this 26th day of March 2025. (AAOJAM P_At Rhonda D. Perdue , Chief Deputy Clerk to Board of Supervisors of the County of Roanoke, Virginia [SEAL] ' Page 11 of 10 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 2025 Dated Date: April [16 days prior to issuance],2025 Issue Date: May ,2025 The COUNTY OF ROANOKE VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY ("VPSA") the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 20 and annually on July 15 thereafter to and including July 15, 20 (each a "Principal Payment Date"),together with interest from the dated date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on January 15, 2026 (each an "Interest Payment Date"; together with any Principal Payment.Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto,subject to prepayment or redemption as hereinafter provided. Principal of and interest and premium,if any, on this Bond are payable in lawful money of the United States of America. For as long as VPSA is the registered owner of this Bond, U.S. Bank Trust Company, National Association, as bond registrar and paying agent (the "Bond Registrar"), shall make all payments of the principal of and interest and premium, if any, on this Bond, without the presentation or surrender hereof, to VPSA, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or A-1 date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of the principal of and interest and premium,if any, on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment,this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The Ordinance adopted by the Board of Supervisors of the County (the "Board") authorizing the issuance of this Bond provides, and Section 15.2-2624, Code of Virginia 1950, as amended (the "Virginia Code"), requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of and interest and premium, if any, on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia,including the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code, and Ordinance duly adopted by the Board and the School Board of the County to provide funds for capital projects for school purposes. A-2 This Bond may be exchanged without cost, on twenty (20) days written notice from the VPSA, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of$5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the VPSA on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive bonds as hereinabove provided, such definitive bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2035 and the definitive bonds for which this Bond may be exchanged that mature on or before July 15, 2035, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due on or after July 15,2036, and the definitive bonds for which this Bond may be exchanged that mature on or after July 15,2036,are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part,on any date on or after July 15,2035, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of this Bond to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2035 through July 14, 2036 101% July 15, 2036 through July 14, 2037 1001/2 July 15, 2037 and thereafter 100 A-3 Provided, however, that the principal installments of this Bond shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of VPSA or other registered owner of this Bond. Notice of any such prepayment or redemption shall be given by the Bond Registrar to VPSA or other registered owner by registered mail not more than ninety(90) and not less than sixty(60)days before the date fixed for prepayment or redemption. If VPSA refunds its bonds issued in part to purchase this Bond in the future and such refunding causes this Bond to be deemed refunded, the prepayment or redemption of this Bond will be subject to VPSA approval and subject to similar prepayment or redemption provisions as set forth above that correspond to the call period of the VPSA bonds issued in part to refund this Bond. All acts,conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. A-4 IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated the Dated Date. COUNTY OF ROANOKE,VIRGINIA (SEAL) ATTEST: Chief Deputy Clerk, Board of Chairman, Board of Supervisors of the Supervisors of the County of County of Roanoke, Virginia Roanoke, Virginia A-5 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner Signature Guaranteed: (NOTICE: The signature above must correspond with the name of the Registered (NOTICE: Signature(s) must be guaranteed Owner as it appears on the front of this by an "eligible guarantor institution" meeting Bond in every particular,without alteration the requirements of the Bond Registrar which or change.) requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended.) A-6 ACTION NO. 032525-3 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: March 25, 2025 AGENDA ITEM: Confirmation of appointments to the Local Office on Aging Advisory Council (LOA) SUBMITTED BY: Rhonda Perdue Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Confirmation of appointments. BACKGROUND: The CEO and President of LOA has recommended the following reappointments: Madeline Hanlon, Roanoke County Representative, to an additional two (2) year term to expire March 31, 2027 Mac Barnes, Citizen At-Large, to an additional two (2) year term to expire March 31, 2027 Gloria Clark, Citizen At-Large, to an additional two (2) Year term to expire March 31, 2027 STAFF RECOMMENDATION: Staff recommends confirmation of all three appointments. VOTE: Supervisor North moved to approve all appointments. Supervisor Mahoney seconded the motion. Motion approved. Page 1 of 2 Yes No Absent Ms. Hooker Mr. North ® ❑ Mr. Mahoney ® ❑ Ms. Shepherd Mr. Radford ® ❑ ❑ CC: LOA Madeline Hanlon Mac Barnes Gloria Clark 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, MARCH 25,2025 RESOLUTION 032525-4.a-i APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G - 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 March 25, 2025, designated as Item G-Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 9 inclusive, as follows: 1. Approval of minutes— March 11, 2025 2. Ordinance appropriating new funds in the amount of$191,524 to RCPS and authorizing all necessary transfers within the Roanoke County Public Schools' FY 2024-2025 categories. (Second Reading) 3. The petition of Payal Shah to obtain a special use permit to operate a short- term rental on approximately 0.54 acre of land zoned R-1, Low Density Residential District, located at 5855 Winnbrook Drive, Windsor Hills Magisterial District. (First Reading and Request for Second Reading and Public Hearing) 4. The petition of Cavern, LLC to rezone approximately 1.286 acres from R-1, Low Density Residential District,to C-2, High Intensity Commercial District,to construct a hotel located at 5709, 5755, and 5761 Fallbrooke Drive, Catawba Magisterial District. (First Reading and Request for Second Reading and Public Hearing) 5. The petition of Sergei Larin to rezone approximately 0.7155 acre of land from AR,Agricultural/Residential District,to AV,Agricultural/Village Center District, and to obtain a special use permit to operate retail sales located in the 3600 block on Bradshaw Road, Catawba Magisterial District. (First Reading and Request for Second Reading and Public Hearing) Page 1 of 2 6. The petition of Roanoke Valley Holdings, LLC to rezone approximately 11.688 acres from C-2S, High Intensity Commercial District with special use permit, to R-3, Medium Density Multi-Family Residential District, located at 5627 and 5633 Williamson Road and along the 5300 and 5400 block of Florist Road, Hollins Magisterial District. (First Reading and Request for Second Reading and Public Hearing) 7. Request to accept and allocate funds in the amount of $19,634.18 to the Clerk of the Circuit Court from the Commonwealth of Virginia for Technology Trust Funds. 8. Ordinance Amending Chapter 2 (Administration), Article V (County Board Organization and Procedure), Section 2-113 (Order of Business) of the Roanoke County Code. (First Reading and Request for Second Reading) 9. Resolution approving the County's participation in the Proposed Settlement of Opioid-Related Claims against Henry Schein Defendants and directing the County Attorney and/or the County's outside counsel to execute the documents necessary to effectuate the County's participation in the settlement. On motion of Supervisor Hooker to adopt all matters on the consent agenda; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford NAYS: None A COPY TESTE: Ri ar.Z. Caywood, P.E. ounty Administrator/ Clerk to the Board of Supervisors CC: Laurie Gearheart, Director of Finance and Management Services Susan Peterson, Director of Finance, RCPS Jill Camilletti, Circuit Court Joshua Pegram, Finance Peter Lubeck, County Attorney Madeline Hanlon, Community Engagement Director Page 2 of 2 ACTION NO. 032525-4.b ITEM NO. G.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 25, 2025 AGENDA ITEM: ORDINANCE APPROPRIATING NEW FUNDS IN THE AMOUNT OF $191,524 TO RCPS AND AUTHORIZING TRANSFER OF FUNDS BETWEEN CATEGORIES WITHIN THE ROANOKE COUNTY PUBLIC SCHOOLS' FY 2024- 2025 BUDGET SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Approval of an ordinance to allow the transfer of certain funds between categories within the Roanoke County Public Schools 2024-2025 budget and to appropriate $191,524 in new funding. BACKGROUND: During the Roanoke County Public Schools January 30, 2025 budget work session, school staff discussed strategies to move funds into the health reserve balances and to appropriate funds to capital special projects balances. See page 16 of Attachment B - RCPS 2024-2025 Budget Update 1 30 25. DISCUSSION: The County Board of Supervisors approves the School Board budget by categories. The School Board has directly received funds in the amount of $191,524 from Avis Construction Company, Inc. (as a refund for a prior fiscal year over billing), which funds have not yet been appropriated to the Schools' budget. Additionally the School Board Page 1 of 2 has requested that the Board approve transfers of funds between budget categories as follows: . Transfer of$1,000,000 from the instructional category to the non-categorical spending category. . Appropriates funds in the amount of$191,524 to the facilities category. . Authorizes the transfer of$20,000 from the facilities category to the administration, attendance, and health category . Authorizes the transfer of$300,000 from the facilities category to the technology category. . Authorizes any additional transfers and /or budget adjustments required by Roanoke County Public Schools accounting procedures necessary to accomplish the actions authorized in 1-4 above. There have been no changes since the first reading of the ordinance on March 11, 2025. FISCAL IMPACT: The various categories will increase and decrease a net total increase of $191,524 for all categories. STAFF RECOMMENDATION: Staff recommends approving the ordinance. VOTE: Supervisor Hooker moved to approve the ordinance. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Ms. Hooker IZI Mr. North ® ❑ Mr. Mahoney Ms. Shepherd Mr. Radford CC: Laurie Gearheart, Director of Finance and Management Services Susan Peterson, Director of Finance, RCPS 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, MARCH 25, 2025 ORDINANCE 032525-4.b APPROPRIATING NEW FUNDS IN THE AMOUNT OF $191,524 TO RCPS AND AUTHORIZING TRANSFER OF FUNDS BETWEEN CATEGORIES WITHIN THE ROANOKE COUNTY PUBLIC SCHOOLS' FY 2024-2025 BUDGET WHEREAS, during the Roanoke County Public Schools (RCPS)January 30, 2025 budget work session, school staff discussed strategies to move funds into health reserve balances and to appropriate funds to capital special projects balances; and WHEREAS, pursuant to Section 22.1-115 of the Code of Virginia, the Board of Supervisors approves the School Board's budget by categories; and WHEREAS, the School Board has directly received funds in the amount of $191,524 from Avis Construction Company, Inc. (as a refund for a prior fiscal year overbilling ), which funds have not yet been appropriated to the Schools' budget; and WHEREAS, the School Board has requested that the Board additionally approve transfers of funds between budget categories; and WHEREAS, the first reading of this ordinance was held on March 11, 2025, and the second reading was held on March 25, 2025. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board approves the transfer of $1,000,000 from the instructional category to the non-categorical spending category so that the funds can be used for health insurance purposes. 2. The Board appropriates funds in the amount of $191,524 to the facilities category. 3. The Board authorizes the transfer of$20,000 from the facilities category to the administration, attendance, and health category 4. The Board authorizes the transfer of $300,000 from the facilities category to the technology category. 5. The Board authorizes any additional transfers and / or budget adjustments required by Roanoke County Public Schools accounting procedures necessary to accomplish the actions authorized in 1-4 above. 6. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor Hooker to approve the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford NAYS: Non A COPY TESTE: and L. Caywood, P.E. County Administrator/ Clerk to the Board of Supervisors CC: Laurie Gearheart, Director of Finance and Management Services Susan Peterson, Director of Finance, Roanoke County Public Schools ACTION NO. 032525-4.c ITEM NO. G.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 25, 2025 AGENDA ITEM: The petition of Payal Shah to obtain a special use permit to operate a short-term rental on approximately 0.54 acre of land zoned R-1, Low Density Residential District, located at 5855 Winnbrook Drive, Windsor Hills Magisterial District. SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for April 22, 2025. The title of this ordinance is as follows: The petition of Payal Shah to obtain a special use permit to operate a short-term rental on approximately 0.54 acre of land zoned R-1, Low Density Residential District, located at 5855 Winnbrook Drive, Windsor Hills Magisterial District. DISCUSSION: There is no discussion on this item. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: . That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for April 22, 2025. . That this section of the agenda be, and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. VOTE: Supervisor Hooker moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for April 22, 2025. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Ms. Hooker El El El Mr. North Mr. Mahoney Ms. Shepherd ® ❑ ❑ Mr. Radford ® ❑ Page 2 of 2 ACTION NO. 032525-4.d ITEM NO. G.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 25, 2025 AGENDA ITEM: The petition of Cavern, LLC to rezone approximately 1.286 acres from R-1, Low Density Residential District, to C-2, High Intensity Commercial District, to construct a hotel located at 5709, 5755, and 5761 Fallbrooke Drive, Catawba Magisterial District. SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for April 22, 2025. The title of this ordinance is as follows: The petition of Cavern, LLC to rezone approximately 1.286 acres from R-1, Low Density Residential District, to C-2, High Intensity Commercial District, to construct a hotel located at 5709, 5755, and 5761 Fallbrooke Drive, Catawba Magisterial District. DISCUSSION: There is no discussion on this item. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: . That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for April 22, 2025. . That this section of the agenda be, and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. VOTE: Supervisor Hooker moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for April 22, 2025. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Ms. Hooker Mr. North ® ❑ ❑ Mr. Mahoney Ms. Shepherd Mr. Radford ® ❑ 111 Page 2 of 2 ACTION NO. 032525-4.e ITEM NO. G.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 25, 2025 AGENDA ITEM: The petition of Sergei Larin to rezone approximately 0.7155 acre of land from AR, Agricultural/Residential District, to AV, AgriculturalNillage Center District, and to obtain a special use permit to operate retail sales located in the 3600 block on Bradshaw Road, Catawba Magisterial District. SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for April 22, 2025. The title of this ordinance is as follows: The petition of Sergei Larin to rezone approximately 0.7155 acre of land from AR, Agricultural/Residential District, to AV, AgriculturalNillage Center District, and to obtain a special use permit to operate retail sales located in the 3600 block on Bradshaw Road, Catawba Magisterial District. DISCUSSION: There is no discussion on this item. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: . That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for April 22, 2025. . That this section of the agenda be, and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. VOTE: Supervisor Hooker moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for April 22, 2025. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Ms. Hooker Mr. North Mr. Mahoney ® ❑ Ms. Shepherd Mr. Radford Page 2 of 2 ACTION NO. 032525-4.f ITEM NO. G.6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 25, 2025 AGENDA ITEM: The petition of Roanoke Valley Holdings, LLC to rezone approximately 11.688 acres from C-2S, High Intensity Commercial District with special use permit, to R-3, Medium Density Multi-Family Residential District, located at 5627 and 5633 Williamson Road and along the 5300 and 5400 block of Florist Road, Hollins Magisterial District. SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of ordinance. BACKGROUND The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for April 22, 2025. The title of this ordinance is as follows: The petition of Roanoke Valley Holdings, LLC to rezone approximately 11.688 acres from C-2S, High Intensity Commercial District with special use permit, to R-3, Medium Density Multi-Family Residential District, located at 5627 and 5633 Williamson Road and along the 5300 and 5400 block of Florist Road, Hollins Magisterial District. Page 1 of 2 DISCUSSION: There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: . That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for April 22, 2025. . That this section of the agenda be, and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. VOTE: Supervisor Hooker moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for April 22, 2025. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Ms. Hooker Mr. North Mr. Mahoney Ms. Shepherd ® ❑ 111 Mr. Radford Page 2 of 2 ACTION NO. 032525-4.g ITEM NO. G.7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 25, 2025 AGENDA ITEM: Request to accept and allocate funds in the amount of $19,634.18 to the Clerk of the Circuit Court from the Commonwealth of Virginia for Technology Trust Funds SUBMITTED BY: Jill Camilletti Deputy Clerk IV APPROVED BY: Richard L. Caywood County Administrator ISSUE: Acceptance and allocation of funds in the amount of $19,634.18 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 $19,634.18. In accordance with State of Virginia Code Section 17.1-279, 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 of every five dollar 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 technology equipment including software and conversion services; preserving, maintaining and enhancing court records, including but not limited to the costs of repairs, maintenance, land 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. 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 Page 1 of 2 maintenance bill from the Supreme Court for maintaining their records, 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 $19,634.18 to the Clerk of Circuit Court from the Commonwealth of Virginia. VOTE: Supervisor Hooker moved to accept and allocate $19,634.18 to the Clerk of Circuit Court. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Ms. Hooker z El Mr. North El Mr. Mahoney ® ❑ El Ms. Shepherd ® ❑ El Mr. Radford El CC: Jill Camilletti, Circuit Court Laurie Gearheart, Director of Finance and Management Services Joshua Pegram, Finance Page 2 of 2 ACTION NO. 032525-4.h ITEM NO. G.8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 25, 2025 AGENDA ITEM: Ordinance Amending Chapter 2 (Administration), Article V (County Board Organization and Procedure), Sections 2-110 (Roll Call) and 2-113 (Order of Business) of the Roanoke County Code SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Amendments to Sections 2-110 and 2-113 of the County Code. BACKGROUND AND DISCUSSION: Section 2-110(b) of the County Code provides direction for the seating arrangement of members of the Board. However, such direction is incomplete and does not include instructions on where the Board member from the Hollins Magisterial District should sit. It has accordingly been proposed that Section 2-110(b) be deleted from the County Code. Section 2-113 of the County Code sets forth the order of business for County Board meetings, and states that "the chair may, during the meeting, rearrange the items on the agenda to conduct the board's business in a more expeditious manner, subject to the consent of the majority of the board." Recognizing that the Board's business may be conducted more expeditiously by occasionally holding work sessions and closed sessions prior to the general open session, the Board desires to allow for more flexibility in setting its order of business. It is proposed that the chair have the flexibility of rearranging the items of business set forth in Section 2-113 prior to the meeting in order to give the Board and Roanoke County citizens advance notice of any such changes. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with these proposed amendments to the County Code. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and scheduling the second reading for April 8, 2025. VOTE: Supervisor Hooker moved to approve the first reading of this ordinance and scheduling the second reading for April 8, 2025. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Ms. Hooker ❑ Mr. North Mr. Mahoney Ms. Shepherd ® ❑ Mr. Radford Page 2 of 2 ACTION NO. 032525-4.i ITEM NO. G.9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 25, 2025 AGENDA ITEM: RESOLUTION APPROVING THE COUNTY'S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST HENRY SCHEIN DEFENDANTS, AND DIRECTING THE COUNTY ATTORNEY AND/OR THE COUNTY'S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY'S PARTICIPATION IN THE SETTLEMENT SUBMITTED BY: APPROVED BY: Richard L. Caywood County Administrator ISSUE: Approval of the County's participation in the proposed settlement with the Henry Schein Defendants. BACKGROUND: The opioid epidemic that has cost thousands of human lives across the country also impacts the County of Roanoke by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by the County's various departments and agencies. The County has been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of the County. The County has filed suit against Henry Schein and its related entities, Insource and GIV (collectively, the "Henry Schein Defendants"), for their role in the distribution and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed the County. During the discovery process, it has been confirmed that the Henry Page 1 of 2 Schein Defendants have had some, but minimal, involvement in distributing opioids in the Commonwealth of Virginia (including Roanoke County). The County's suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic. DISCUSSION: Settlement proposals have been negotiated that will cause the Henry Schein Defendants to pay $450,000 to settle fifty-nine (59) Virginia local government opioid- related claims against them. Roanoke County's anticipated share of this settlement amount is estimated to include a direct distribution amount of$9,290.41. FISCAL IMPACT: Roanoke County's anticipated share of this settlement amount is estimated to include a direct distribution amount of $9,290.41. Additionally, grants from proceeds of this settlement may be available through the Virginia Opioid Abatement Authority. STAFF RECOMMENDATION: Staff recommends approval of the proposed resolution. VOTE: Supervisor Hooker moved to approve the resolution. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Ms. Hooker ® ❑ El Mr. North El ❑ Mr. Mahoney ® ❑ Ms. Shepherd El Mr. Radford ® ❑ CC: Peter Lubeck, County Attorney Madeline Hanlon, Community Engagement Director 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, MARCH 25, 2025 RESOLUTION 032525-4.i OF THE ROANOKE COUNTY BOARD OF SUPERVISORS APPROVING OF THE COUNTY'S PARTICIPATION IN THE PROPOSED SETTLEMENT! OF OPIOID-RELATED CLAIMS AGAINST HENRY SCHEIN AND ITS RELATED CORPORATE ENTITIES, AND DIRECTING THE COUNTY ATTORNEY AND/OR THE COUNTY'S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY'S PARTICIPATION IN THE SETTLEMENTS WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts the County of Roanoke by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by the County's various departments and agencies; and WHEREAS, the County has been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused. and continues to cause the citizens of the County; and WHEREAS, the County has filed suit against Henry Schein and its related entities, Insource and GIV (collectively, the "Henry Schein Defendants"), for their role in the distribution and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed the County; and WHEREAS, the County's suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic; and WHEREAS, settlement proposals have been negotiated that will cause the Henry Schein Defendants to pay $450,000 to settle fifty-nine (59) Virginia local government opioid-related claims against them; and WHEREAS, the County's outside opioid litigation counsel has recommended that the County participate in the settlement in order to recover its share of the funds that the settlement would provide; and WHEREAS, the County Attorney has.reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel. NOW THEREFORE BE IT RESOLVED that the Roanoke County Board of Supervisors approves of the County's participation in the proposed settlement of opioid- related claims against the Henry Schein Defendants, and directs the County Attorney and/or the County's outside counsel to execute the documents necessary to effectuate the County's participation in the settlement, including any required release of claim against settling entities. On motion of Supervisor Hooker to approve the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford NAYS: Non A COPY TESTE: Ri rd L. Caywood, P.E. unty Administrator/ Clerk to the Board of Supervisors CC: Peter Lubeck, County Attorney Madeline Hanlon, Community Engagement Director AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 25, 2025 RESOLUTION 032525-7 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Hooker to adopt the resolution; seconded by Supervisor North and carried by the following roll call and recorded vote: AYES: Supervi • Hooker, North, Mahoney, Shepherd, Radford NAYS: ► . e A COPY TESTE: Ric►ard L. Caywood, P.E. •unty Administrator/ Clerk to the Board of Supervisors ACTION NO. 032525-8 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: March 25, 2025 AGENDA ITEM: The petition of LovABLE Services, Inc. to obtain a special use permit to operate a drive-in or fast food restaurant on approximately 0.7 acre zoned C-1, Low Intensity Commercial District, located at 6426 Merriman Road, Cave Spring Magisterial District. SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Second reading and public hearing for a special use permit to operate a drive-in or fast food restaurant in a low intensity commercial zoning district. BACKGROUND: • The Roanoke County Zoning Ordinance defines restaurant, drive-in or fast food, as "an establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, served at a counter, a drive-up or drive through service facility or by curb service. Typical uses include drive-in or fast food restaurants or coffee shops." • A restaurant, drive-in or fast food, is only permitted in the C-1, Low Intensity Commercial District, with an approved special use permit. The use and design standards associated with a drive-in or fast food restaurant relate to drive- through facilities, restaurants within shopping centers, and expansions of existing uses, none of which apply to this petition. • The property contains a commercial building which was originally Starkey School, with history dating back to 1894. The property is listed in the Virginia Page 1 of 3 Landmarks Register and the National Register of Historic Places. DISCUSSION: The Planning Commission held a public hearing on this application on March 4, 2025. Five (5) citizens spoke in support of the project stating that the project would be an asset to the community while preserving the historic building. The Planning Commission discussed: the comprehensive workforce training program; that the applicant's current space is leased in the City of Roanoke; number of employees; floodplain issues; parking and site development regulations; this would be an adaptive reuse of a historical building; most of the improvements would be interior renovations to the building; surrounding zoning and land uses; future land use designations; and how the project would add value to the community. The Planning Commission recommends approval of the special use permit for a drive-in or fast food restaurant with the following condition: . The property shall be developed in general conformance with the concept plan titled "Chris's Coffee & Custard Concept Plan v2 For Special Use Permit Application" prepared by Parker Design Group dated 01/08/2025, subject to any changes required by the comprehensive site plan review process. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the second reading of an ordinance for a special use permit to operate a drive-in or fast food restaurant on approximately 0.7 acre zoned C-1, Low Intensity Commercial District, with the following condition: . The property shall be developed in general conformance with the concept plan titled "Chris's Coffee & Custard Concept Plan v2 For Special Use Permit Application" prepared by Parker Design Group dated 01/08/2025, subject to any changes required by the comprehensive site plan review process. VOTE: Supervisor Mahoney found that the proposed special use permit: 1. Meets the requirements of Section 30-19-1 of the Roanoke County Code; Page 2 of 3 2. Is in conformance with the Roanoke County Comprehensive Plan; and 3. Will have a minimum adverse impact on the surrounding neighborhood and community. Therefore, moved that the Board approve the petition to obtain a special use permit, with the following one (1) condition: 1. The property shall be developed in general conformance with the concept plan titled "Chris's Coffee & Custard Concept Plan v2 For Special Use Permit Application" prepared by Parker Design Group dated 01/08/2025, subject to any changes required by the comprehensive site plan review process. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford • ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑• ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Philip Thompson, Director of Planning Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 25, 2025 ORDINANCE 032525-8 APPROVING A SPECIAL USE PERMIT TO OPERATE A DRIVE-IN OR FAST FOOD RESTAURANT ON APPROXIMATELY 0.71 ACRE OF LAND ZONED C-1 (LOW INTENSITY COMMERCIAL DISTRICT) LOCATED AT 6426 MERRIMAN ROAD, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, LovABLE Services, Inc. has filed a petition to obtain a special use permit to operate a restaurant, drive in or fast food, on approximately 0.71 acre of land zoned C-1 (Low Intensity Commercial District), located at 6426 Merriman Road (Roanoke County Tax Map Number 097.06-01-06.00-0000), in the Cave Spring Magisterial District; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 4, 2025; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition for a special use permit, with one condition; and WHEREAS, the first reading of this ordinance was held on February 25, 2025, and the second reading and public hearing were held on March 25, 2025. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board finds that the proposed special use meets the requirements of Section 30-19-1 of the Roanoke County Code. 2. The Board further finds that the proposed special use is in conformance with the Roanoke County Comprehensive Plan, and will have a minimum adverse impact on the surrounding neighborhood and community. Page 1 of 2 3. The Board approves the special use permit with the following one (1) condition: a. The property shall be developed in general conformance with the concept plan titled "Chris's Coffee & Custard Concept Plan v2 For Special Use Permit Application" prepared by Parker Design Group dated 01/08/2025, subject to any changes required by the comprehensive site plan review process. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. On motion of Supervisor Mahoney to approve the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supe ers Raeford, Hooker, Mahoney, Shepherd, North NAYS: N e e A COPY TESTE: are . Caywood, P.E. Co.my Administrator/ Clerk to the Board of Supervisors CC: Philip Thompson, Director of Planning Page 2 of 2