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HomeMy WebLinkAbout9/27/2011 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 27, 2011 RESOLUTION 092711 -1 AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $10,500,000 GENERAL OBLIGATION SCHOOL BONDS 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 $10,500,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes (the "Project "); and WHEREAS, the Board held a public hearing on September 27, 2011, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2 -2606, Code of Virginia of 1950, as amended (the "Virginia Code "); and WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as hereinafter defined) and has consented to the issuance of the Bonds; and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $10,000,000 is the amount of proceeds requested (the "Proceeds Requested ") from the Virginia Public School Authority ( "VPSA ") in connection with the sale of the Bonds; and WHEREAS, VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective "), taking into consideration such factors as the amortization schedule the County has requested for the Bonds relative to, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds; and WHEREAS, such factors may result in requiring the County to accept a discount, given the VPSA Purchase Price Objective and market conditions, under which circumstance the proceeds from the sale of the Bonds received by the County will be less than the amount set forth in paragraph 1 below. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $10,500,000 (the "Bonds ") for the purpose of financing the Project. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to VPSA, the Bonds at a price determined by VPSA and accepted by the Chairman of the Board or the County Administrator and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with the VPSA providing for the sale of the Bonds to VPSA in substantially the form on file with the County Administrator, which form is hereby approved (the "Bond Sale Agreement "). 3. Details of the Bonds The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2011" (or such other designation as the County Administrator may approve) shall bear interest from the date of delivery thereof payable semi - annually on each January 15 and July 15 (each an "Interest Payment Date ") beginning July 15, 2012, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date ") and in the amounts established in accordance with paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 4. Interest Rates and Principal installments The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be no more than five one - hundredths of one percent (0.05 %) over the interest rate to be paid by VPSA for the Page 2of6 corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds "), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six percent (6 %) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ( "Principal Installments ") established by VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds The Bonds 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 Bonds: (a) For as long as VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds 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 a.m. 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 Bonds. (c) U.S. Bank National Association, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2021, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2021, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2021, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2021, 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, 2021, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal Page 3of6 amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2021 through July 14, 2022 ....... ............................... 101% July 15, 2022 through July 14, 2023 ........ ............................... 100.5 July 15, 2023 and thereafter .................... ............................... 100; Provided, however, that the Bonds 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 the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the 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. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by VPSA. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The manner of such execution may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds 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 the premium, if any, and the interest on the Bonds 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; Non - Arbitrage Certificate. The Chairman of the Board and the County Administrator, or either of them and such other officer or officers of the County as either may designate are hereby authorized and directed to execute a Non - Arbitrage Certificate, if required by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds 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 Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested Page 4 of 6 and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and 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 Treasurer to participate in the State Non - Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them and such officer or officers of the County as either of them 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 Bonds by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuing Disclosure Agreement The Chairman of the Board and the County Administrator, or either of them, and such other officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F 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, and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions The County Administrator, the Chairman of the Board, and all such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date This Resolution shall take effect immediately. The undersigned 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 September 27, 2011, 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. The last page of this Resolution accurately records (i) the members of the Board of Supervisors Page 5of6 present at the meeting, iii} the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions. The following Board members were in attendance: Chairman Joseph B. "Butch" Church; Supervisors Michael W. Altizer, Eddie "Ed" Elswick, Charlotte A. Moore and Richard C. Flora. There were no Board members absent. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this 27 day of September, 2011. Clerk, Board of S(Oenrisors of the County of Roanoke, Virginia (SEAL) Page 6 of 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 2011 ORDINANCE 092711 -2 AMENDING SEC. 5 -33. "DISPOSAL OF DEAD COMPANION ANIMAL" OF CHAPTER 5. "ANIMALS AND FOWL" OF THE ROANOKE COUNTY CODE WHEREAS, the Chief of Police reports that some owners of deceased animals are not fulfilling their responsibility to cremate or bury such animals; and WHEREAS, Section 18.2 -510 of the Code of Virginia authorizes the governing body of any county to adopt an ordinance requiring the cremation or burial of deceased animals, and further authorizes the recovery of actual costs and a reasonable fee for such cremation or burial; and WHEREAS, the Board of Supervisors finds that the adoption of this ordinance will promote the public health, safety, and welfare of Roanoke County; and WHEREAS, the first reading of this ordinance was held on September 13, 2011 and the second reading was held on September 27, 2011. NOW, BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That Section 5 -33. "Disposal of dead companion animal" of the Roanoke County Code be amended to read and provided as follows: Sec. 5 -33. - Disposal of dead companion animal. The owner of any companion animal, poultry, or livestock which has died from disease or other cause shall forthwith cremate or bury the same. If, after notice, the owner fails to do so, any judge of the general district court shall direct the community service officer or other officer to bury or cremate the companion animal, poultry or livestock and he Page 1 of 2 may recover, on behalf of the county, from the owner his actual cost for the cremation or burial and a reasonable fee for this service. All sums recovered under this section shall be deposited to the community service animal impoundment account. In addition to recovery of costs and fees, any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. 2. That this ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: C� eborah C. Jacks Clerk to the Board of Supervisors cc: Paul M. Mahoney, County Attorney Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 27, 2011 ORDINANCE 092711 -3 AMENDING SECTION 21 -73 "GENERAL PREREQUISITES TO GRANT" OF CHAPTER 21. "TAXATION" OF THE ROANOKE COUNTY CODE, WHEREAS, the 2011 session of the Virginia General Assembly amended Section 58.1 -3212 of the Code of Virginia, which establishes the local restrictions and exemptions for the Elderly and Handicapped real estate tax program; and, WHEREAS, this ordinance brings the County Code into compliance with this enabling legislation; and WHEREAS, the first reading of this ordinance was held on September 13, 2011 and the second reading was held on September 27, 2011. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That Section 21 -73 of the Roanoke County Code be amended to read and provide as follows: Sec. 21 -73. - General prerequisites to grant. Exemptions provided for in this division shall be granted only if the following conditions are met: (1) That the total combined income, during the immediately preceding calendar year, from all sources, of the owner of the dwelling and his relatives living therein did not exceed fifty six thousand five hundred sixty -six dollars ($56,566); provided, however, that the first ten thousand dollars ($10,000) of income of each relative, other than the spouse of the owner, who is living in the dwelling shall not be included in such total. Page 1 of 3 "Income" shall include only those sources of gross income that are subject to tax under federal income tax laws, regulations, rules or policies. (2) That the owner and his spouse did not have a total combined net worth, including the present value of all equitable interests, exceeding two hundred thousand dollars ($200,000) as of December 31 of the immediately preceding calendar year. The amount of net worth specified herein shall not include the value of the sole dwelling house and up to one (1) acre of land. (3) Notwithstanding subsection (1) above if a person qualifies for an exemption and if that person can prove by clear and convincing evidence that his or her physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility or physical or mental care is to have a relative move in and provide care for that person, and if a relative does then move in for that purpose, then none of the income of the relative or of the relatives spouse shall be counted towards the income limit, provided the owner of the residence has not transferred assets in excess of ten thousand dollars ($10,000) without adequate consideration within a three(3) -year period prior to or after the relative moves into such residence. 2. That this ordinance shall be in full force and effect from and after its adoption. Page 2of3 On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTS: Deborah C. Jacks 6,ee' Clerk to the Board of Supervisors cc: Paul M. Mahoney, County Attorney Nancy Horn, Commissioner of the Revenue 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, SEPTEMBER 27, 2011 RESOLUTION 092711 -4.a AFFIRMING THE EXECUTION OF AN AGREEMENT TO ALLOW THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY TO PARTICIPATE IN THE ROANOKE COUNTY OPEB TRUST, AND TO NAME A SCHOOL REPRESENTATIVE TO THE ROANOKE COUNTY LOCAL FINANCE BOARD WHEREAS, in Ordinance 042809 -4 the County of Roanoke established a trust for accumulating and investing assets to fund post - employment benefits other than pension in accordance with section 15.2 -1544 of the Virginia Code; and WHEREAS, in Section 2 of Ordinance 04208 -4, the County Administrator is hereby authorized to execute on behalf of the County and agreement(s) with the Roanoke County School Board to participate in any trust, trusts or equivalent arrangements for the purpose of accumulating and investing assets to fund post- employment benefits other than pensions in accordance with section 15.2 -1544 of the Virginia Code. Separate accounts will be established for each entity; and WHEREAS, in Section 4 of Ordinance 042809 -4 it states that the finance board may be expanded by the Board of Supervisors to provide representation for any other political subdivision that may, in the future, agree to participate in the Trust Fund with the County; and WHEREAS, in Section 4 of Ordinance 042809 -4 is states that subsequent appointments to the finance board may be made by resolution adopted by the Board of Supervisors; and WHEREAS, at its meeting on September 22, 2011, the Roanoke County School Board authorized the execution of an agreement with the County of Roanoke to Page 1 of 2 participate in the County OPEB trust, and to appoint Penny Hodge, Assistant Superintendent of Finance, and the school representative to the Local Finance Board; BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors reaffirms its intent to allow the County School Board of Roanoke County to participate in the County OPEB trust; and 2. That Penny Hodge, Assistant Superintendent of Finance, will be added as the school representative to the local finance board; and 4. That the County Administrator, or his designee, is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. 5. That this resolution shall become effective immediately. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: l.r eborah C. Jacks Clerk to the Board Supervisors cc: Penny Hodge, Assistant Superintendent of Finance, Roanoke County Schools Rebecca Owens, Director of Finance Diane D. Hyatt, Assistant County Administrator Page 2 of 2 ACTION NO. A- 092711 -4.b ITEM NO. 1 -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2011 AGENDA ITEM: Request to appropriate funds in the amount of $45,127.37 to the Roanoke County Public Schools SUBMITTED BY: Brenda Chastain Clerk to the Roanoke County School Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. On an annual basis, the Virginia Department of Education allocates funds for school divisions for secondary Career and Technology Equipment (CTE). The state calculates this allotment based on a base allocation of $2,000 followed by an allocation based upon per pupil enrollment in CTE classes. Roanoke County Schools conservatively estimated a budget appropriation of $8,096. Since we were awarded $19,584.88 by the State, staff is requesting that the difference be appropriated, which is $11,488.88. 2. The state recognizes credentialing reimbursements for CTE industry certification examinations, licensure tests and occupational competency assessments enrolled in CTE classes eligible for such examinations. Roanoke County Schools received a reimbursement in the amount of $12,638.49. 3. The Jobs for Virginia Graduates (JVG) Grant mission is to assist youth who are disadvantaged and not achieving in school to complete high school as well as secure and retain quality jobs. With these funds a school division must employ a job specialist who will assist students in completing high school, gain employability skills and secure employment. Staff recommends an appropriation in the full amount of the grant award: $21,000. Page 1 of 2 FISCAL IMPACT: 1. The Career and Technology Education (CTE) budget will be increased by $24,127.37 2. The Instruction Budget will be increased by $21,000. ALTERNATIVES: None STAFF RECOMMENDATION: Appropriation of funds in the amount of $45,127.37. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Brenda Chastain, Clerk to the Roanoke County School Board Rebecca Owens, Director of Finance Diane D. Hyatt, Assistant County Administrator Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Brenda Chastain, Clerk to the Roanoke County School Board Rebecca Owens, Director of Finance Diane D. Hyatt, Assistant County Administrator Page 2 of 2 ACTION NO. A- 092711 -4.c ITEM NO. 1 -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2011 AGENDA ITEM: Confirmation of appointments to the Court Community Corrections Alcohol Safety Action Program Policy Board; Grievance Panel; Virginia Western Community College Board SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Court Community Corrections Alcohol Safety Action Program (ASAP) Policy Board Chief Ray Lavinder is retiring effective November 1, 2011. Terrell Holbrook has been contacted and has advised he would be pleased to continue to serve. Mr. Holbrook's term will expire June 30, 2012. Confirmation has been added to the consent agenda. 2. Grievance Plan It was the consensus of the Board at the closed session held on September 13, 2011, to reappoint King Harvey to an additional three -year term. The Clerk has contacted Mr. Harvey who has agreed to serve. His new appointment will expire September 24, 2014. Confirmation has been added to the consent agenda. 3. Virginia Western Community College Board It was the consensus of the Board at the closed session held on September 13, 2011, to appoint Jim McAden to a four -year term which will expire on June 30, 2015. Confirmation has been added to the consent agenda. Page 1 of 2 Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Terrell Holbrook, Assistant Chief of Police Joe Sgroi, Director of Human Resources Mr. Robert Sandel, President of Virginia Western Community College Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Terrell Holbrook, Assistant Chief of Police Joe Sgroi, Director of Human Resources Mr. Robert Sandel, President of Virginia Western Community College Page 2 of 2 ACTION NO. A- 092711 -4.d ITEM NO. 1 -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 27, 2011 AGENDA ITEM: Request to accept and appropriate five (5) Division of Motor Vehicle grants in the amount of $203,530 SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following five (5) grants, from the Division of Motor Vehicles, have been awarded to the Roanoke County Police Department. These grants will be used to support the Roanoke County Police Department's traffic enforcement and training. ♦ Grant in the amount of $45,600 to reduce alcohol related fatalities and serious injuries in traffic crashes. ♦ Grant in the amount of $29,780 to reduce traffic crashes involving young drivers and improve teen driver safety. ♦ Grant in the amount of $20,900 to increase traffic enforcement on Interstate 81. ♦ Grant in the amount of $84,450 to provide for equipment and training for the regional crash team. ♦ Grant in the amount of $22,800 to support the regional DUI taskforce. For Fiscal year 2012 (October 1, 2011 thru September 30, 2012). There is no cost to Roanoke County. Page 1 of 2 FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of five Division of Motor Vehicle grants totaling $203,530. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church z El El 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, SEPTEMBER 27, 2011 RESOLUTION 092711 -4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for September 27 2011, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of minutes — August 23, 2011 2. Request to approve a resolution affirming the execution of an agreement to allow the County School Board of Roanoke County to participate in the Roanoke County OPEB trust, and to name a school representative to the Roanoke County Local Finance Board 3. Request to appropriate funds in the amount of $45,127.37 to the Roanoke County Public Schools 4. Confirmation of appointment to the Court Community Corrections Alcohol Safety Action Program (ASAP) Policy Board; Grievance Panel; Virginia Western Community College Board 5. Request to accept and appropriate five (5) Division of Motor Vehicle grants in the amount of $203,530 Page 1 of 2 On motion of Supervisor Altizerto adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTS: -1 L4UA ej De rah C. Jacks Clerk to the Board of Supervisors 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, SEPTEMBER 27, 2011 RESOLUTION 092711 -5 APPROVING AUTHORITY OF ROANOKE COUNTY POLICE DEPARTMENT TO EXECUTE CONTRACTS WITH POLITICAL SUBDIVISION FOR THE USE OF ROANOKE COUNTY FIREARMS RANGE AND AUTHORITY OF COUNTY ADMINSTRATOR TO APPROVE RELATED DOCUMENTS AND FEE SCHEDULES AND ALLOCATION OF ANY REVENUES RECEIVED THEREFROM WHEREAS, the Roanoke County Police Department has completed modifications and improvements to the firearms range facility on County -owned property at the former Dixie Caverns Landfill; and, WHEREAS, the Roanoke County Police Department desires to make its modern firearms range available to law enforcement agencies in this region on a space available basis and to utilize any revenues received from leases thereof to defray the costs of care, maintenance and future renovation of this range; and WHEREAS, the County Police Department has developed, with the assistance of the County Administrator and County Attorney, a lease agreement and related documents addressing the use of its firearms range, which forms have been shared with the Board of Supervisors; and WHEREAS, the Roanoke County Police Department has requested approval by the Board of Supervisors of its authority to enter into lease contracts with other law enforcement agencies for the use of its firearms range and for the County Administrator to execute any necessary legal documents, to annually adjust the fee schedule for use of the firearms range and to direct the allocation of any revenues received from said leases; Page 1 of 2 NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the authority of the Chief of Police of Roanoke County to enter into lease contracts with other law enforcement agencies, and establish related requirements concerning liability and proper use, for the Firearms Range Facility on property owned by Roanoke County at the Dixie Caverns Landfill property, is approved on behalf of 'the County of Roanoke, Virginia. 2. That the County Administrator or designee is authorized and directed to execute such leases and other necessary legal documents for the use by other law enforcement agencies of the Roanoke County Police Department Firearms Range and to direct the appropriate allocation of revenues received thereby, all upon such form as may be approved by the County Attorney. This resolution shall be effective as of the date of its adoption. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COP'Y/TESTE: Deborah C. Jacks Clerk to the Boar of Supervisors cc: Ray Lavinder, Chief of Police Terrell Holbrook, Assistant Chief of Police Daniel R. O'Donnell, Assistant County Administrator 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, SEPTEMBER 27, 2011 RESOLUTION 092711 -6 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 Church to adept the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 27, 2011 ORDINANCE 092711 -7 REZONING 5.02 ACRES FROM LOW DENSITY RESIDENTIAL DISTRICT (R -1) TO AGRICULTURAL /RESIDENTIAL DISTRICT (AR) LOCATED AT 4211 HARBORWOOD ROAD, CATAWBA MAGISTERIAL DISTRICT (TAX MAP NO. 074.00 -01- 16.00- 0000) UPON THE APPLICATION OF SCOTT AND DEBORAH GEORGE WHEREAS, the first reading of this ordinance was held on August 23, 2011, and the second reading and public hearing were held September 27, 2011; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 6, 2011; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 5.02 acres, as described herein, and located at 4211 Harborwood Road (Tax Map Number 074.00 -01- 16.00 -0000) in the Catawba Magisterial District, is hereby changed from the zoning classification of R -1, Low Density Residential District, to the zoning classification of AR, Agricultural /Residential District. 2. That this action is taken upon the application of Scott and Deborah George 3. That said real estate is more fully described as follows: BEGINNING at an iron pin on the north side of Va. Sec. Rte. 639 corner to the property of Blue Ridge Memorial Gardens and corner to property of Edna F. Hubble, the property being herein described, said point of beginning being 25 feet from the center line of Route 639; thence leaving Route 639 and following the line between the Blue Ridge Memorial Gardens property and Hubble property and generally along a fence N. 15 E. 591.09 feet to an iron pin corner to property of Clyde Collie; thence following a line between the Collie property and the Hubble property S. 81 26' 30" E. 354.15 feet to Page 1 of 3 an iron pin; thence continuing along the westerly side of a 20' roadway owned by Clyde Collie and the Hubble line S. 8 33'30" W. 605.49 feet to a point; thence continuing with a line between the Collie property and the Hubble property S. 18 24' 50" W. 54.28 feet to a point on the north side of Route 639 and 25 feet from the center line with a curve to the left whose arc is 26.41 feet, whose radius is 425.00 feet, and whose chord is N. 84 38'04" W., 26.40 feet to a point; thence continuing with Route 639 N. 86 24'52" W. 33.47 feet; thence with a curve to the right whose arc is 107.77 feet, whose radius is 250.00 feet, and whose chord is N. 74 03'55" W. 106.93 feet to a point; thence continuing with Route 639, N. 61 42' 58" W. 75.65 feet to a point; thence continuing with Route 639 and property herein described with a curve to the left whose arc is 95.00 feet, whose radius is 505.00 feet and whose chord is N. 67 06' 20" W. 94.86 feet to a point; thence continuing with Route 639, N. 72 29' 42" W., 90.66 feet to the BEGINNING and containing 5.02 acres and being shown on map made by T. P. Parker &Son, Engineers & Surveyors, Ltd., dated October 15, 1979, a copy of said plat being of record in Deed Book 1138, page 394, in the Clerk's Office of the Circuit Court for the County of Roanoke Virginia; and BEING the same property conveyed unto Darlene Kinnan Brown from Mildred I. Kinnan by deed dated February 9, 1995, and recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Deed Book 1467, page 1035. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2of3 On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A GPY TESTS: De'bA.rah C. Jacks V Clerk to the Board of Supervisors cc: Paul Mahoney, County Attorney Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning John Murphy, zoning Administrator William Driver, Director of Real Estate Valuation Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 27, 2011 ORDINANCE 092711 -8 AUTHORIZING THE GRANTING OF A TEN (10) FOOT UTILITY EASEMENT TO VERIZON VIRGINIA INC. ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 097.05-01-26.00) FOR THE PURPOSE OF AN UNDERGROUND COMMUNICATION SYSTEM TO THE NEW SOUTH COUNTY LIBRARY, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Verizon Virginia Inc. (Verizon) requires a permanent utility easement for purposes of providing communication service to the new South County Library; and WHEREAS, granting this utility easement for an underground communications system is necessary for the operation of the new South County Library; and WHEREAS, the proposed utility easement to the South County Library will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 13, 2011, and a second reading and public hearing was held on September 27, 2011 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to Verizon Virginia Inc. for a utility easement. 3. That donation to Verizon Virginia Inc. of a utility easement for purposes of an Page 1 of 2 underground communication system, as shown on a plat number BCC - 88879 -R and attached sketch "A" titled " Verizon Virginia Inc. Right -of -Way Plat" prepared by Verizon Virginia Inc., is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A CQPY TESTE: Deborah C. Jacks I-' Clerk to the Board of Supervisors Cc: Paul Mahoney, County Attorney Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Diane D. Hyatt, Assistant County Administrator Page 2 of 2 At %-J4 t� AM- 41= dr Vi r. w 1v ZF WIN AM- 41= dr Vi r.