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HomeMy WebLinkAbout11/13/2012 - Adopted Board RecordsACTION NO. A- 111312 -1 ITEM NO. E -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2012 AGENDA ITEM: Presentation of results of operations for the fiscal year ended June 30, 2012, and request to appropriate $202,222 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: KPMG LLP completed their audit of the financial operations of the County of Roanoke and the County of Roanoke Public Schools for the year ended June 30, 2012. The Audit Committee met last week to review the results of the year's operations and the management letter comments from the auditors. The Comprehensive Annual Financial Report will be distributed to the Board of Supervisors as soon as it is received from the printer. Below is information for both the County and Schools regarding the results of operations for fiscal year ended June 30, 2012: Results of Operations of the County of Roanoke for the Year Ended June 30, 2012 Revenues The County operations for the year ended June 30, 2012, resulted in general fund revenues $202,222 over budget. A summary of the general fund revenues is outlined in Attachment I and reasons for these variances are as follows: • Real estate tax collections were $594,881 below budget as a result of assessment values being slightly under projection than anticipated. • Local sales tax was $236,682 below budget as the result of sluggish economy. Page 1 of 3 • Communication sales and use tax was $248,931 below budget, which is attributed to some large refunds given by the State and more localities added to the distribution of funds. • Business license tax was $273,440 above budget as a result of construction projects . • Recordation and conveyance tax was $199,043 above budget as a result of low interest rates and more refinancing's than anticipated. • Use of Money and Property was $100,807 below budget, which is attributed to low interest earnings on investments this year. During a work session on October 9, 2012, staff reviewed the June 30, 2012, financial results with the Board. Based on these discussions, staff recommends revenues above budget will be allocated as follows: • $202,222 to be appropriated to Fire and Rescue capital for a future use for personnel, equipment and /or capital. Expenditures Departmental expenditure savings amounted to $3,936,893 as shown on Attachment I. Personnel savings totaled $932,453 as a result of the County's process to review all vacancies and fill only critical positions. Operational and capital savings were approximately $3.0 million as a result of departments delaying purchases and restricting travel and training. For the year ended June 30, 2012, approximately $1.3 million will remain and could be transferred to the County Minor Capital Reserve based on the rollover policy approved by the Board or be paid towards the unfunded VRS amount. During the budget preparation for fiscal 2012 -2013, the County chose to pay the lower VRS rate due to budget constraints. The County does have the opportunity to make a contribution toward their unfunded liability whenever they decide or are able to do so. An additional deposit could keep the rate lower in the future and avoid interest calculated on the unfunded amount. The unfunded amount for fiscal year 2012 -2013 was $1,670,490. Based upon the policy for use of unspent expenditure appropriations at year end, departments are able to request up to sixty percent (60 %) of the savings within their own department for special purchases and programs approved by the County Administrator and the remaining reverts to the Minor County Capital Reserve for future projects. Based upon this policy and discussions with the Board, staff recommends the following appropriations: • $1,107,766 to be appropriated to departments for rollovers (Attachment II) • $231,185 to be appropriated to departments for encumbrances (Attachment III) • $1,327,013 to be appropriated for expenditures that will occur in the 2012 -2013 fiscal year (Attachment IV) Page 2 of 3 • $1,270,929 to be appropriated to the Minor County Capital Reserve, which will bring the balance in this fund to $2,945,055.06. Department rollovers, encumbrances and prior approvals were reviewed during the work session on October 9, 2012. Since that meeting, one additional request was made to allocate $40,000 funding to demolish and remove the old house next to the Back Creek station. Staff recommends allocating funding to this project thus increasing the department rollovers and reducing the amount allocated to minor capital as shown above. Results of Operations of the Roanoke County Public Schools for the Year Ended June 30, 2012 Attachment V is the report for the School Operations year end for June 30, 2012. The School Board will take action to approve this report at the November 7, 2012 meeting. The Schools ended the year with a surplus of $3.3 million net of outstanding purchase orders of $51,390. No action is required by the County Board. STAFF RECOMMENDATION: The Board has previously approved by policy year -end appropriations and the only board action required is as follows: • $202,222 to be appropriated to Fire and Rescue capital for a future use for personnel, equipment and /or capital. VOTE: Supervisor Flora moved to approve the staff recommendation. Motion approved. cc: Rebecca Owens, Director of Finance Page 3of3 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Rebecca Owens, Director of Finance Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 13, 2012 RESOLUTION 111312 -2 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2013 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of Statewide concern to be considered by the 2013 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2013 session of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2013 session of the Virginia General Assembly for its favorable consideration and adoption. 1) Amend Roanoke County Charter Roanoke County requests the General Assembly to amend either State Code or the Roanoke County Charter to shift the responsibility to raise taxes to support public education to the elected school board. 2) Amend 58.1 -3916 Roanoke County requests the General Assembly to remove the requirement to pay interest on refunds for erroneous tax assessments and payments if the error is not the fault of County. 3) Legal Notices Roanoke County requests the General assembly to eliminate the requirement for publication of legal notices in newspapers. Roanoke County spent over $18,000 in legal notice publication costs last year. Paid circulation of newspapers is dropping. More citizens are getting their information from the Internet. Page 1 of 5 4) Local fines and penalties (Items 40 #2c, 139 #8c, 3- 6.04 #2c). Under the 2012 budget amendments, all fines and fees from General District Courts, Juvenile and Domestic Relations Districts Courts, and the Magistrate system would be deposited directly into the State treasury. The Auditor of Public Accounts would determine those localities in which total fines and fee collections exceed forty percent (40 %) of the total collections. The State Comptroller would deduct one -half of the amount in excess of forty percent (40 %) and deposit those local fines and fees into the Literary Fund. Only then would the Commonwealth return the remaining fines and fees to local governments, after deducting its administrative expenses. This is a bureaucratically expensive and confusing system, which will probably be amended and corrected in the 2013 session. Roanoke County believes that there is a better solution to increase funding for the Literary Fund without all of the delay and bureaucratic expense. 5) AOSS (Alternative On -Site Discharge Systems) a) To operate effectively these systems must be designed, inspected and maintained. To eliminate any one of these three elements creates the potential for a public health risk and environmental hazard for the owner and his /her neighbors. When these systems fail, localities will often be the only remaining party left to clean up the mess. Roanoke County requests that the General Assembly return to localities the authority to regulate these systems. b) When the owner of an AOSS refuses to correct deficiencies identified during a required annual inspection, or when an owner cannot afford to repair or replace a failed AOSS, then allow localities to impose civil penalties and as a last resort the authority to repair and place a lien on the property. c) Authorize a portion of the State permit fees for AOSS to be used for loans to owners who cannot afford to repair. 6) CSA Current biennial budget appears to impose a cap on certain mandated "wrap around" services. The administration has attempted to identify these services as "non- mandated ", but local governments and House Appropriations staffs have opined that the services intended to be covered by this language do meet criteria for "mandated" services, and therefore should be considered as "sum sufficient ". Although the amount appropriated appears to be sufficient at this time, the future expenses are unknown. This action sets a precedent in capping the expenses related to treatment of mandated services. Roanoke County requests the General Assembly to: Page 2of5 a) Amend the 2012 legislation to allow for local designees to be named to the State Executive Council. b) Do not shift onto local governments and real estate taxpayers the expense of federal penalties, when the Commonwealth fails to meet its obligations for human services programs, including adequate administrative funding, technology, training and technical assistance necessary to properly do the job. c) Support a requirement that the State Executive Council and the Comprehensive Services Act follow the Administrative Process Act in promulgating, amending or repealing regulations. 7) Local Government State Funding and Mandates — As the General Assembly reviews the biennial budget, it is requested that if the General Assembly is required to further reduce local government funding that it also investigate the need to reduce or eliminate State mandates in relationship to the budgetary cuts. For the past three years the General Assembly has required local governments to either arbitrarily cut State - supported local programs or to appropriate funds to the Commonwealth to pay an additional portion of these required costs. State revenues have improved while local government revenues have remained stagnant (being substantially reliant upon real estate assessments). Roanoke County requests the General Assembly to eliminate the requirement for "local support for the Commonwealth" (current year amount $556,580 and next year $456,285), and to repeal of the State's fiscal year 2013 ($50 million) and fiscal year 2014 ($45 million) reductions in Aid to Localities. Instituted in fiscal year 2009, these reductions are in addition to program specific cuts such as State budget reductions in K -12 public education, constitutional officers, human services and public safety. 8) Roanoke County supports legislation to correct deficiencies in the "Licensing and Regulation of Cable Television Systems" legislation (2006 Acts of Assembly, Chapters 73, 76, Section 15.2- 2108.19, et seq.). These corrections should strengthen the opportunity for local governments to enforce commitments by cable operations, assure upgrades in technology, enhance penalties for failure to comply with any ordinance and provide an efficient and inexpensive method to revoke non - performing franchises. 9) Line of Duty Act Roanoke County requests the General Assembly to fully fund the Line of Duty Act (CODA) obligations that were authorized, by the Code of Virginia, prior to budget language changes in fiscal year 2010 -2012. Those budget changes mandate the former State CODA program to be a locally funded program. Page 3of5 10) Circuit Court Judges Currently the 23rd Judicial Circuit has authorized six (6) circuit court judges. Two of these judges have decided to retire in early 2013; however, the General Assembly has decided not to appoint new judges to fill judicial vacancies. Failure to fill these judicial vacancies will adversely impact the citizens of this judicial circuit by delaying the timely resolution of civil disputes and the resolution of criminal charges. Justice delayed is justice denied. Therefore Roanoke County requests the General Assembly to fill these judicial vacancies immediately. That the Clerk to the Board of Supervisors is directed to send an attested copy of this resolution to Governor McDonnell, Senator John S. Edwards, Senator Ralph Smith, Delegate Greg Habeeb, Delegate Onzlee Ware, Delegate Chris Head, Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council; Kevin S. Boggess, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley - Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor Church to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A Y TESTE: IJ De rah C. Jacks Clerk to the Board o Supervisors cc: Paul M. Mahoney, County Attorney Governor Bob McDonnell Senator John S. Edwards Senator Ralph K. Smith Delegate Gregory D. Habeeb Page 4 of 5 Delegate Christopher Head Delegate Onzlee Ware Stephanie Moon, Roanoke City Clerk Roanoke City Council Kevin S. Boggess, Salem City Clerk Salem City Council Susan N. Johnson, Vinton Town Clerk Vinton Town Council Roanoke Valley Alleghany Regional Commission Virginia Association of Counties I hereby certify that the foregoing is a 'true and correct copy of Resolution 111312 -2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, November 13, 2012. Deborah C. Jacks Clerk to the Board of upervisors Page 5of5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION 111312 -3 ESTABLISHING A POLICY REGARDING OPENING INVOCATIONS BEFORE MEETINGS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the Board of Supervisors ( "the Board ") is an elected legislative and deliberative public body, serving the citizens of Roanoke County, Virginia; and WHEREAS, the Board wishes to solemnize its proceedings by allowing for an opening invocation before each meeting, for the benefit and blessing of the Board; and WHEREAS, the Board now desires to adopt this formal, written policy to clarify and codify its invocation practices; and WHEREAS, our country's Founders recognized that we possess certain rights that cannot be awarded, surrendered, nor corrupted by human power, and the Founders explicitly attributed the origin of these, our inalienable rights, to a Creator. These rights ultimately ensure the self - government manifest in our deliberative bodies, upon which we desire to invoke divine guidance and blessing; and WHEREAS, in Marsh v. Chambers, 463 U.S. 783 (1983), the United States Supreme Court validated the Nebraska Legislature's practice of opening each day of its sessions with a prayer by a chaplain paid with taxpayer dollars, and specifically concluded, "The opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country. From colonial times through the founding of the Republic and ever since, the practice of legislative prayer has coexisted with the principles of disestablishment and religious freedom." Id., at 786; and Page 1 of 12 WHEREAS, the Board desires to avail itself of the Supreme Court's recognition that it is constitutionally permissible for a public body to "invoke divine guidance" on its work. Id., at 792. Such invocation "is not, in these circumstances, an `establishment' of religion or a step toward establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country." Id.; and WHEREAS, the Supreme Court also famously observed in Zorach v. Clauson, 343 U.S. 306, (1952), "We are a religious people whose institutions presuppose a Supreme Being." Id., at 313 -14; and WHEREAS, the Supreme Court acknowledged in Holy Trinity Church v. United States, 143 U.S. 457 (1892), that the American people have long followed a "custom of opening sessions of all deliberative bodies and most conventions with prayer...," Id., at 471; and WHEREAS, the Supreme Court has determined, "The content of [such] prayer is not of concern to judges where ... there is no indication that the prayer opportunity has been exploited to proselytize or advance any one, or to disparage any other, faith or belief." Marsh, 463 U.S. at 794 -795; and WHEREAS, the Supreme Court also proclaimed that it is not the job of the courts or deliberative public bodies "to embark on a sensitive evaluation or to parse the content of a particular prayer" offered before a deliberative public body. Id.; and WHEREAS, this Board is not establishing a policy that defines the Constitutional limits for permissible public invocations, this Board intends to adopt guidelines that are Page 2 of 12 consistent with the guidance provided by the several courts that have considered the validity of public invocations; and WHEREAS, this Board is only bound by the decisions of the United States Court of Appeals for the Fourth Circuit, the United States Court of Appeals in several federal circuits have provided general guidance to help ensure that policies concerning pubic invocations are consistent with the Constitution; and WHEREAS, in Simpson v. Chesterfield County Bd. of Supervisors, 404 F.3d 276 (4 t " Cir. 2004), cent. denied, the United States Court of Appeals for the Fourth Circuit specifically approved as constitutional the invocation policy of a county board making a number of key findings, including the facts that the Simpson policy: (1) Established a practice of compiling a list of local monotheistic congregations, "with addresses taken primarily from the phone book," whereto the county clerk would send an invitation each December addressed to the "religious leader" of each congregation, Id., at 279; and (2) Required the county clerk to schedule respondents to the invitation "to give the invocation on a first -come, first -serve basis," Id.; and (3) Thus, "made plain that [the county board] was not affiliated with any one specific faith by opening its doors to a wide pool of clergy." Id., at 286; and WHEREAS, the Fourth Circuit showed little concern that the invocations before Board meetings in Simpson included prayers that were "traditionally made to a divinity that is consistent with the Judeo- Christian tradition," Id., at 280, because Marsh also considered, and found constitutionally acceptable, the fact that the prayers in question Page 3 of 12 fit broadly within `the Judeo- Christian tradition. "' Id., at 283 (quoting Marsh, 463 U.S. at 793); and WHEREAS, the Fourth Circuit's ruling in Simpson can be distinguished from its earlier decision in Wynne v. Town of Great Falls, 376 F.3d 292 (4 Cir. 2002), cent. denied, where a town Board "improperly `exploited' a `prayer opportunity' to `advance' one religion over others." Id., at 298 (quoting Marsh, 463 U.S. at 794); and WHEREAS, the Board intends to avoid the unique circumstances that rendered the practices at issue in Wynne unconstitutional, including the facts that: (1) The Town Council "steadfastly refused" to allow any "deity associated with any specific faith other than Christianity" to be invoked, Id., at 300, n.5; and (2) Town Council members publicly chided and "ostracized" those who refused to participate in their prayers, Id., at 295; and (3) The refusal to participate in prayers "adversely affected [a citizens] right to participate in the Council meetings." Id., at 299, n.4; and WHEREAS, The Fourth Circuit's ruling in Joyner v. Forsyth County, 653 F.3d. 341 (4 Cir. 2011), approved the practice of following a neutral policy that invites religious leaders from diverse religious institutions serving the local community to voluntarily offer an invocation before public meetings, but required the council to proactively discourage "sectarian references" while finding that "occasional sectarian references" do not violate the Constitution; and Page 4 of 12 WHEREAS, the Board intends, and has intended in past practice, to adopt a policy that does not proselytize or advance any particular faith, or show any purposeful preference of one religious view to the exclusion of others; and WHEREAS, the Board intends to adopt a policy that will not show a purposeful preference of one religious view over another by not permitting the faith of the person offering the invocation to be considered when extending an invitation; and WHEREAS, the Supreme Court recognized in Marsh v. Chambers, 463 U.S. at 786, this country's history and tradition of opening sessions of deliberative public bodies with an invocation and affirmed in Lynch v. Donnelly, 465 U.S. 668 (1984), that "Our history is replete with official references to the value and invocation of Divine guidance in deliberations and pronouncements of the Founding Fathers and contemporary leaders." Id., at 675, and the Board believes that clergy that serve the local community are peculiarly suited through training, tradition, and public service to petition for divine guidance upon the deliberations of the Board, and to accomplish the Board's objective to solemnize public occasions, express confidence in the future, and to encourage the recognition of what is worthy of appreciation in society. See Lynch, 465 U.S. at 693 (O'Conner concurring); and WHEREAS, the Board accepts as binding the applicability of general principles of law and all the rights and obligations afforded under the United States and Virginia Constitutions and statutes. Page 5 of 12 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Board hereby adopts the following written policy regarding opening invocations before meetings of the Board, to wit: 1. It is the intent of the Board to allow a private citizen to solemnize the proceedings of the Board of Supervisors. It is the policy of the Board to allow for an invocation, which may include a prayer, a reflective moment of silence, or a short solemnizing message, to be offered before its meetings for the benefit of the Board. 2. Although the invocation may be listed in the program or schedule of events on a separate introduction page, it shall not be considered an agenda item for the meeting or part of the public business. 3. No member or employee of the Board or any other person in attendance at the meeting shall be required to participate in any prayer that is offered. 4. The prayer shall be voluntarily delivered by an eligible member of the clergy in the County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem. To ensure that such person (the "invocation speaker ") is selected from among a wide pool of the region's clergy, on a rotating basis, the invocation speaker shall be selected according to the following procedure: a. The Clerk to the Board (the "Clerk ") shall compile and maintain a database (the "Invocations List ") of the religious congregations with an established presence in the County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem. Page 6 of 12 b. The Invocations List shall be compiled by referencing the listing for "churches," "congregations," or other religious assemblies in the annual phonebook publication distributed by the company that holds the telecommunication franchise for the Roanoke Valley, research from the Internet, and consultation with local chambers of commerce. All religious congregations with an established presence in the local communities of the County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem are eligible to be included in the Invocations List, and any such congregation can confirm its inclusion by specific written request to the Clerk. In addition, the County shall solicit the participation of any private citizen or religious congregation through the County's website and on Roanoke Valley Television (RVTV). C. The policy is intended to be and shall be applied in a way that is all- inclusive of every diverse religious congregation in the County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem. The Invocations List is compiled and used for purposes of logistics, efficiency, and equal opportunity for all of the community's religious leaders, who may themselves choose whether to respond to the Board's invitation and participate. Should a question arise as to the authenticity of a religious congregation, the Clerk shall refer to Page 7 of 12 criteria used by the Internal Revenue Service in its determination of those religious organizations that would legitimately qualify for I.R.C. § 501(c)(3) tax - exempt status. d. The Invocations List shall also include the name and contact information of any chaplain who may serve one or more of the fire departments or law enforcement agencies of County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem. e. The Invocations List shall also include the name and contact information of any religious congregation located outside the region if such religious congregation is attended by at least one resident of the County and such resident requests the inclusion of said religious congregation by specific written communication to the Clerk. f. The Invocations List shall be updated, by reasonable efforts of the Clerk, in November of each calendar year. g. Within thirty (30) days of the effective date of this policy, and on or about December 1 of each calendar year thereafter, the Clerk shall mail an invitation addressed to the "religious leader" of each congregation listed on the Invocations List, as well as to the individual chaplains included on the Invocations List. Page 8 of 12 h. The invitation shall be dated at the top of the page, signed by the Clerk at the bottom of the page, and read as follows: Dear Religious leader, The Board of Supervisors of Roanoke County makes it a policy to invite members of the clergy in our region to voluntarily offer an invocation before the beginning of its meetings, for the benefit and blessing of the Board. As the leader of one of the religious congregations with an established presence in the local community, or in your capacity as a chaplain for one of the local fire departments or law enforcement agencies, you are eligible to offer this important service at an upcoming meeting of the Board. If you are willing to assist the Board in this regard, please send a written reply at your earliest convenience to the Clerk to the Board at the address included on this letterhead. Clergy are scheduled on a first -come, first -serve basis. The dates of the Board's scheduled meetings for the upcoming year are listed on the following, attached page. If you have a preference among the dates, please state that request in your written reply. This opportunity is voluntary, and you are free to offer the invocation according to the dictates of your own conscience. To maintain a spirit of respect and ecumenism, the Board requests that the opportunity not be exploited as an effort to convert others to the particular faith of the invocation speaker, nor to disparage any faith or belief different than that of the invocation speaker. The U.S. Court of Appeals for the Fourth Circuit opined in Joyner v. Forsyth County, 653 F.3d. 341, 349 (4 Cir. 2011), that prayers at the opening of legislative sessions "must strive to be nondenominational so long as it is reasonably possible should send a signal of welcome rather than exclusion should not reject the tenets of other faiths in favor of just one [,- ... and may not] repeatedly suggest the government has put its weight behind a particular faith." The Court further instructed the deliberative body to "be proactive in discouraging sectarian references" to avoid "occasional" references from becoming too "frequent" when the invocations are viewed as a collective. The County requests that you comply with these court guidelines accordingly. Page 9 of 12 On behalf of the Board of Supervisors, 1 thank you in advance for considering this invitation. Sincerely, Clerk to the Board i. As the invitation letter indicates, the respondents to the invitation shall be scheduled on a first -come, first -serve basis to deliver the invocation. j. In the event an eligible member of the clergy believes that the clerk has not complied with the terms of this policy, the clergy member has the right to have the matter reviewed by the Board. k. Any private citizen, including those who do not belong to religious congregation may request the Clerk to be added to the list of persons delivering invocations. 5. No invocation speaker shall receive compensation for his or her service. 6. No guidelines or limitations shall be issued regarding an invocation's content, except that the Board shall request by the language of this policy that invocations in the form of a prayer, when considered collectively, should avoid having "sectarian references" become too frequent and no invocation should proselytize or advance any faith, or disparage the religious faith or non - religious views of others. 7. The Clerk shall make every reasonable effort to ensure that a variety of eligible invocation speakers are scheduled for the Board meetings. In any event, no invocation speaker shall be scheduled to offer an invocation at consecutive meetings of the Board, or at more than three (3) Board meetings in any calendar year. If the Page 10 of 12 scheduled invocation speaker fails to appear, then the Board shall solemnize the proceedings with a reflective moment of silence. 8. Neither the Board nor the Clerk shall engage in any prior inquiry, review of, or involvement in, the content of any invocation to be offered by an invocation speaker. 9. To clarify the Board's intentions, as stated herein above, the following disclaimer shall be included in at least ten (10) point font at the bottom of any printed program or schedule of events on the separate introduction page published by the Board: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." 10. Shortly before the opening gavel that officially begins the meeting and the agenda /business of the public, the Chairperson of the Board shall introduce the invocation speaker and invite those who wish to show respect for the traditional observances and /or the Board to stand. 11. This policy is not intended, and shall not be implemented or construed in any way, to affiliate the Board with, nor express the Board's preference for, any faith or religious denomination. Rather, this policy is intended to acknowledge and express the Page 11 of 12 Board's respect for the diversity of religious denominations and faiths represented and practiced among the citizens of Roanoke County. NOW, THEREFORE, BE IT FURTHER RESOLVED that this policy shall become effective from and after January 1, 2013. On motion of Supervisor Moore to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A C Y TESTE: De b rah C. Jack Clerk to the Board of pervisors cc: Paul M. Mahoney, County Attorney Page 12 of 12 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY NOVEMBER 13, 2012 RESOLUTION 111312 -4 ACCEPTING FOR PUBLICATION AND CONCEPTUAL PHASE CONSIDERATION THE UNSOLICITED PROPOSAL FROM SHOCKEY P3, LLC FOR THE DESIGN AND CONSTRUCTION OF A NEW ROANOKE COUNTY CRIMINAL JUSTICE ACADEMY UNDER THE PUBLIC - PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, the Public- Private Education Facilities and Infrastructure Act of 2002 (PPEA) allows the Roanoke County Board of Supervisors to create apublic- private partnership to develop projects for public use; and WHEREAS, by Resolution 051303 -4 the Board of Supervisors of Roanoke County adopted procedures for the implementation of the PPEA by Roanoke County; and WHEREAS, Shockey P3 LLC has submitted an unsolicited proposal under the provisions of the PPEA to construct a Criminal Justice Academy as an expansion of the City of Roanoke Police Academy; and WHEREAS, the Roanoke County Administrator and Roanoke City Manager and their respective law enforcement staffs have conceptually agreed that pursuing a joint facility could provide substantial operational and economic benefit to both jurisdictions; and WHEREAS, the County Administrator has reviewed this unsolicited proposal and has recommended to the Board of Supervisors this unsolicited proposal be formally accepted for review. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 3 1. That there is a public need for a Criminal Justice Academy facility for Roanoke County. 2. That it chooses to accept the Shockey P3 LLC unsolicited proposal for publication and conceptual phase consideration. 3. That it will proceed to use procedures developed that are consistent with procurement of other than professional services through "competitive negotiation ", since doing so is likely to be advantageous to the County and the public based upon either (i) the probable scope, complexity or urgency of need, or (ii) the risk sharing, added value, increase in funding or economic benefit from the project would otherwise not be available. The scope and complexity of the development of a Criminal Justice Academy requires an innovative approach, such as competitive negotiation, to the design and construction of a new facility. 4. That the County Administrator, or an Assistant County Administrator, is directed to post and publish the required notice thus allowing an opportunity for competing preliminary proposals to be submitted. Due to the complexity of the proposed project and the County's desire to encourage competition, the notice shall state that competing proposals must be submitted on or prior to January 31, 2013, to be considered, rather than the minimum of 45 day allowed by the Commonwealth of Virginia's Public Private Educational Facilities and Infrastructure Act. The County Administrator is also authorized and directed to take such other actions as may be necessary to implement this resolution. Page 2of3 On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A PY TESTE: De rah C. Jacks Clerk to the Board ofqUpervisors cc: Paul M. Mahoney, County Attorney Daniel R. O'Donnell, Assistant County Administrator Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 ORDINANCE 111312 -5 APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE WITH USCOC OF VIRGINIA (US CELLULAR) FOR A COMMUNICATIONS ANTENNA TOWER AT CATAWBA FIRE STATION WHEREAS, Ordinance 102897 -6 approved and authorized the execution of a lease with Ohio State Cellular Phone Company, Inc. for a communications antenna tower at Catawba Fire Station, Catawba Magisterial District; and WHEREAS, this lease is due to expire on March 31, 2013, and the company now known as USCOC of Virginia has requested a new lease for this site; and WHEREAS, counsel and staff for the parties have negotiated a new lease which addresses mutual concerns of the parties; and WHEREAS, the first reading of this ordinance was held on October 23, 2012; and the second reading and public hearing was held on November 13, 2012. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That it is the County's best interest to lease a portion of this property to USCOC of Virginia in order to provide a site for the location of a communications tower. 2. That the area to be leased by the County to USCOC of Virginia is described as a parcel containing ten thousand square feet (10,000 sq. ft.) together with an easement for access and utilities and is situated at the Catawba Fire Station in the Catawba Magisterial District of Roanoke County, being a portion of Tax Map #7.00 -1- 29. Page 1 of 2 3. That the term of this lease shall be for five (5) years, with automatic renewals of up to five (5) additional terms of five (5) years each, unless the Tenant terminates. The rent will be $1,000 per month or $12,000 annually beginning on April 1, 2013. The rent increases by ten percent (10 %) each renewal term. The Tenant has the right to sublease, but must pay the County twenty -five percent (25 %) of the revenue derived from the subtenant, current or future. 4. That the County Administrator 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. On motion of Supervisor Church to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A C TESTE: Deborah C. Jack Clerk to the Board 4 wupervisors cc: Paul M. Mahoney, County Attorney Anne Marie Green, Director of General Services B. Clayton Goodman III, County Administrator Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 111312 -6.a ITEM NO. 1 -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: November 13, 2012 Request from the Roanoke County Sheriff's Office to accept and appropriate funds in the amount of $7,528 for a grant administered by the U. S. Department of Justice's Bulletproof Vest Partnership Michael G. Winston Sheriff B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Bulletproof Vest Partnership (BVP) has awarded the Roanoke County Sheriff's Office a fifty percent (50 %) matching grant to assist in the purchase of protective vests. The U.S. Department of Justice will fund fifty percent (50 %) of the cost of each vest up to a total of $3,764 of federal funds. The period for this grant funding is April 1, 2012 thru March 31, 2014. FISCAL IMPACT: This grant requires a fifty percent (50 %) match. The funds, in the amount of $3,764 will come from the Sheriff's Office fiscal year 2012 -2013 budget. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the BVP grant in the amount of $7,528 Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Michael G. Winston, Sheriff Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Michael G. Winston, Sheriff Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 111312 -6.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: November 13, 2012 AGENDA ITEM: Request to accept and appropriate $50,000 to the Roanoke County Schools from Pepsico Foodservice Company 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: A request for proposals (RFP) was issued for the soft drink distribution in the Roanoke County Schools. The Pepsico Foodservice Company was selected as the successful vendor with athree -year contract term with an annual payment of $50,000 to be distributed among the schools, 1,000 cases of donated product and a full service commission of fifteen percent (15 %) on $1.25 vending price. There was a decrease in the annual payment due to decreased sales during the past three years. FISCAL IMPACT: $50,000 will be distributed between the schools. ALTERNATIVES: None STAFF RECOMMENDATION: Appropriation of funds in the amount of $50,000 annually for three (3) years. Page 1 of 2 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 Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Brenda Chastain, Clerk to the Roanoke County School Board Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 111312 -6.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: November 13, 2012 AGENDA ITEM: Confirmation of appointments to the South Peak Community Ms. Moore Development Authority SUBMITTED BY: Deborah C. Jacks Mr. Altizer Clerk to the Board APPROVED BY: B. Clayton Goodman III Mr. Church County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. South Peak Community Development Authority During the closed meeting on October 23, 2012, the Board of Supervisors recommended the reappointment of Daniel R. O'Donnell and Susan Still for an additional four -year term to expire October 25, 2016. Both appointees have agreed to serve an additional term. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. Page 1 of 1 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ Page 1 of 1 cc: Daniel R. O'Donnell, Assistant County Administrator Susan Still Sue Bane, Legal Assistant Page 2 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION 111312 -6 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 November 13, 2012, 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 7 inclusive, as follows: 1. Approval of minutes — October 9, 2012; October 23, 2012 2. Request from the Roanoke County Sheriff's Office to accept and appropriate funds in the amount of $7,528 for a grant administered by the U. S. Department of Justice's Bulletproof Vest Partnership 3. Request to accept and appropriate $50,000 to the Roanoke County Schools from Pepsico Foodservice Company 4. Confirmation of appointment to the South Peak Community Development Authority 5. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Vicki L. James, Benefit Program Supervisor, upon her retirement after more than nine (9) years of service 6. Request to approve a Motor Vehicle Driving Record Policy for the County of Roanoke 7. Resolutions requesting acceptance of portions of Sierra Drive and Santa Anita Terrace into the Virginia Department of Transportation (VDOT) Secondary System Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COEPT TESTE: Debdrah C. Jacks Clerk to the Board of /Upervisors Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION 111312 -6.d EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO VICKI L. JAMES, BENEFIT PROGRAM SUPERVISOR, UPON HER RETIREMENT AFTER MORE THAN NINE (9) YEARS OF SERVICE WHEREAS, Vicki L. James was hired on August 18, 2003, and has worked as a Benefit Programs Specialist and a Benefit Programs Supervisor during her tenure with Roanoke County; and WHEREAS, Ms. James retired on November 1, 2012, after nine (9) years and three (3) months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Ms. James worked eight (8) of her nine (9) years as a Benefit Programs Supervisor. Vicki worked hard to promote both compassion and empathy in the delivery of benefits to the citizens of Roanoke County. She continually worked to improve the efficiency of the staff most specifically in the areas of timeliness and accuracy. Vicki was an active member of the Virginia Benefit Programs Organization serving as both President and Vice - President of our local chapter for several years. Vicki contributed much during her tenure and we appreciate her service to Roanoke County Department of Social Services. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to VICKI L. JAMES, for nine (9) years and three (3) months of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A CORY TESTE: Deborah C. Jacks Clerk to the Board of Wpervisors Page 2 of 2 ACTION NO. A- 111312 -6.e ITEM NO. 1 -6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2012 AGENDA ITEM: Request to approve a Department of Motor Vehicle Driving Record Review Policy SUBMITTED BY: Don Karnes Risk Manager APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In an effort to promote employee /public safety and reduce the County's exposure to financial loss, a policy requiring the review of the Department of Motor Vehicles driving records was established. Since many Virginia governments have a similar policy in place, County staff took the opportunity to visit both Chesterfield and Henrico to learn best practices for establishing this policy and internal procedures. This policy applies to the County of Roanoke, Virginia employees (full time, temporary and seasonal) and volunteers, whose jobs necessitate the operation of a vehicle owned, rented or leased by the County, including "pool" vehicles. The policy also applies to individuals who operate personal vehicles while conducting County business. Employees subject to this Policy shall have a valid driver's license for their state of residence appropriate for the class of vehicle operated by the employee. The privilege of being assigned a vehicle, driving a County vehicle, or operating a vehicle in a position requiring a driver's license shall be denied in the case of applicants, employees or volunteers (1) have a suspended or terminated licenses, (2) have a current DMV Record reflecting accumulation of DMV demerit points in excess of six, (3) have a DUI conviction within one year or (4) whose pattern of driving or convictions or physical condition is found by the department director to jeopardize the safe performance of County operations. Page 1 of 3 The policy establishes mandatory checks of driving records with the Virginia Department of Motor Vehicles and the participation of the County in the DMV Driver Alert Program. Both programs would allow the County to monitor driver records of employees. Elements of the program are as follows: • If an employee accrues 6 points in 12 months or 9 points in 18 months on their Department of Motor Vehicle driving record they will be required to complete a Department of Risk Management approved Defensive Driving Course. • A County employee's privilege to operate a County owned vehicle or use a privately owned vehicle to conduct official County business shall be suspended for six months when the employee accrues nine driving penalty points within a twelve month period. Employees convicted of driving under the influence or who refuse to take a BAC test shall have their County operating privileges suspended for a minimum of one year even if the Department of Motor Vehicles grants a restricted license during the suspension period. • A County employee's privilege to operate a County owned vehicle or use a privately owned vehicle for official County business shall be revoked if the employee accrues twelve driving penalty points within a twelve month period. See attached Motor Vehicle Driving Record Review Policy for more detailed information. Staff has worked on the development of this policy for about a year to include internal meetings with Human Resources, Finance and Administration, visits to other Virginia governments, and working with CommlT to automate the process. Draft policies were reviewed with the County department directors, input received and changes made to address their concerns. This initiative will be managed by the Risk Management Division of the Finance Department within the current staffing allotment. FISCAL IMPACT: Reinsurance risk control departments advise this could control insurance premiums and lower the risk of liability for the County. STAFF RECOMMENDATION: Staff recommends approval of the attached Department of Motor Vehicles Driving Record Review Policy. Page 2 of 3 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Don Karnes, Risk Manager Rebecca Owens, Director of Finance Page 3of3 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Don Karnes, Risk Manager Rebecca Owens, Director of Finance Page 3of3 DEPARTMENT OF FINANCE RISK MANANGEMENT DIVISION MOTOR VEHICLE DRIVING RECORD REVIEW POLICY AND PROCEDURES Purpose This policy is to promote employee and public safety in conjunction with reducing the County's exposure to financial loss by establishing a mandatory review of driving records of job applicants and of current employees or volunteers who drive County vehicles or personal vehicles to fulfill their job responsibilities. The purpose of such review is to ensure that employees are eligible to drive under the guidelines contained herein. Scope This policy applies to the County of Roanoke, Virginia employees (full time, temporary and seasonal) and volunteers, whose jobs necessitate the operation of a vehicle owned, rented or leased by the County, including "pool" vehicles. The policy also applies to individuals who operate personal vehicles while conducting County business. Employees subject to this Policy shall have a valid driver's license for their state of residence appropriate for the class of vehicle operated by the employee. The privilege of being assigned a vehicle, driving a County vehicle, or operating a vehicle in a position requiring a driver's license shall be denied in the case of applicants, employees or volunteers (1) have a suspended or terminated licenses, (2) have a current DMV Record reflecting accumulation of DMV demerit points in excess of six, (3) have a DUI conviction within one year or (4) whose pattern of driving or convictions or physical condition is found by the department director to jeopardize the safe performance of County operations. Definitions: A. Driving Position: 1. Employee: When used in this procedures includes full time, part time, temporary, seasonal employee and volunteers) 2. Required Driver: Employee must drive a County vehicle as a primary function of their job responsibilities. Will be subject to periodic driving record checks. 3. Regular Driver: Will be required to regularly drive a County or personal vehicle on County business. Will be subject to periodic driving records checks. Page 1 of 6 4. Occasional Driver: May drive a county vehicle on an occasional and sporadic basis defined as, generally less than twice per month or less than approximately 250 miles per year. B. Points: The DMV point total considered under this policy is not reduced by positive points such as those granted for completing a defensive driving or driver improvement course. C. Vehicle: A vehicle licensed to be used on public streets. This includes privately owned vehicles, county owned, leased or rented vehicles. DMV Record Checks 1. If an employee accrues 6 points in 12 months or 9 points in 18 months on their Department of Motor Vehicle driving record they will be required to complete a Department of Risk Management approved Defensive Driving Course. 2. A County employee's privilege to operate a County owned vehicle or use a privately owned vehicle to conduct official County business shall be suspended for six months when the employee accrues nine driving penalty points within a twelve month period. Employees convicted of driving under the influence or who refuse to take a BAC test shall have their County operating privileges suspended for a minimum of one year even if the Department of Motor Vehicles grants a restricted license during the suspension period. POINT ACCUMULATED ACCUMULATION TIME PERIOD Recommended Discipline 6 12 Months Defensive Driving Class 9 12 Months 6 Month Driving Suspension 9 18 Months Defensive Driving Class 12 12 Months Driving Privileges Revoked 18 24 Months Driving Privileges Revoked 3. A County employee's privilege to operate a County owned vehicle or use a privately owned vehicle for official County business shall be revoked if the employee accrues twelve driving penalty points within a twelve month period. 4. This Administrative policy does not supersede any departmental policies that mandate more severe punishment or driving restrictions. Page 2 of 6 Responsibility and Authority The Risk Management Division of Finance has the oversight responsibility for monitoring departmental compliance concerning the Driving Record Transcripts Review Policy. It shall be the responsibility of all department directors and management to ensure compliance with the policy and process. The department director has the responsibility and authority to determine appropriate action against employees with suspended or revoked licenses. Employees or volunteers with six (6) or more demerit points shall receive, from the department director, the advisory memorandum (Exhibit I). Department directors are also responsible for ensuring that completed employee authorization forms (Exhibit II) are transmitted to the Risk Management Division of Finance if not on file in the Department of Human Resources. It is the responsibility of every County employee or volunteer who operates a County vehicle to ensure that he or she does not operate a vehicle if his or her driver's license is suspended or revoked, and to immediately inform the department director upon the suspension or revocation of his or her driver's license, and of any moving violation citation within twenty -four hours or the next business day. The Risk Management Division shall obtain and review DMV transcripts for which employee and volunteer authorization has been received from departments and to provide appropriate recommendations to the department director regarding employee eligibility to operate a County vehicle. Record Review A. Prospective Employees Candidates selected for interviews for positions to which a vehicle is assigned or which require driving or the possession of a valid driver's license shall give authorization for access to their driving records from the Division of Motor Vehicles ( "DMV Record "). Those prospective employees must meet the criteria set out below as reflected by the DMV Record. B. Current Employees Current employees and volunteers to whom a vehicle is assigned, whose job descriptions require driving or possession of a valid driver's license, or who drive a County vehicle, must meet the criteria set out below, as reflected in the DMV Page 3 of 6 Record. Failure to maintain eligibility requirements for positions that require driving can result in discipline up to and including possible termination. C. Criteria for Eli Prospective and current employees and volunteers subject to this Policy shall be required to meet the criteria set out in this Section. If the criteria eligibility is not met, then the employee shall be disqualified from County vehicle driving privileges. 1. Receipt of a D.U.I. conviction, suspension or exceeding DMV demerit points as shown in this policy will be cause for suspension of County vehicle driving privileges consistent with self- insurance requirements. 2. Drivers of vehicles requiring CDL should be at least 18 years of age and have one year of experience operating the type vehicle used by the county unless a formal driver training program is in place. Employees holding a C.D.L. will be subject to drug & alcohol testing as required under the Federal Omnibus Transportation Employee Testing Act of 1991. The complete Drug and Alcohol Testing Policy for Commercial Drivers is contained on the Risk Management Intranet site. 3. The department director or risk manager, with the County Administrators approval may suspend or terminate driving privileges of any employee charged with an offense involving operation of a motor vehicle, if the County Staff determines after suitable investigation that continued driving would jeopardize the safe conduct of County operations. DMV Record Reviews A. The Finance Department / Risk Management Division shall obtain and review the record of all employees and volunteers subject to this Policy at a minimum of once every three years. The employee or volunteer and the department director shall be notified of either continued eligibility or failure to meet the applicable criteria, and shall be provided with a copy of the DMV Record upon request. Departments may be exempt from this policy if they have their own driving record review process that is approved by the County Administrator. B. The risk manager shall also obtain and review the DMV record of any employee subject to this Policy who is involved in an accident while driving an assigned or other County vehicle, and when an employee subject to this policy is involved in an accident in the course of conducting County business. Page 4 of 6 C. At the time of hire, new employees or volunteers subject to this Policy shall provide authorization for access to DMV records. Current employees and volunteers shall also provide authorization. Employees' authorization forms shall be maintained in the personnel files or in Risk Management files. D. All records obtained pursuant to this Policy shall be confidential personnel records. Guidelines for Maintaining Eligibility A. Driver Training Requirements - All County employees and volunteers to whom a vehicle is assigned, or whose job descriptions require driving or a valid driver's license shall complete a driver training course approved by the risk manager within one year of initial employment, and afterwards a minimum of once every 5 years, to maintain eligibility to drive. This program will be offered by the county at no expense to the employee. Employees shall also complete any additional training required for operation of specific types of vehicles or other special purposes or as prescribed for remedial measure. The employee may be required to pay for training prescribed as a remedial measure. B. Suspension/Revocation/ineligibilityy - Upon the suspension or revocation of an employee's or volunteer's license by any court or by the Division of Motor Vehicles, the privilege of the employee or volunteer subject to this Policy to operate a county vehicle or to drive in the course of carrying out job duties shall be immediately suspended. Such suspension shall last for the duration of suspension or revocation of the employee's license. C. Accommodation - The department head, in consultation with the County Administrator, may elect to alter an employee's responsibilities or otherwise accommodate the employee during the period of a suspension or other ineligibility, for failure to meet the criteria established by this Policy. Prior to the end of any suspension or period of ineligibility, the employee must complete any training required by the County, at his /her own expense. The employee must provide proof of successful completion to the department director. D. Further Action - If the employee's or volunteer's eligibility to operate a motor vehicle is suspended or revoked or if he /she becomes ineligible to drive pursuant to this Policy and the employee's or volunteer's restrictions cannot be accommodated within his /her responsibilities, the department head, after consultation and approval with the County Administrator, will determine whether further disciplinary action up to and including termination is required. Page 5 of 6 Responsibility for Compliance and Reporting Requirements All employees subject to this Policy shall be responsible for conducting themselves in accordance with the Policy and any Regulations adopted pursuant to the Policy. All employees subject to this Policy shall immediately report all accidents involving a County vehicle or occurring during the course of County business, to the supervisor, and shall adhere to the Accident Reporting Policy prescribed by the Risk Manager Division. All employees and volunteers subject to this Policy shall also immediately report the following to the supervisor, who shall consult with the department head as to appropriate action: • all license suspensions and revocations; • All traffic and motor vehicle related offenses and convictions. Accident Investigation Reference Risk Management Policy, Fleet Policy, GS003, Accidents. This policy is available on the County Intranet, Risk Management Page. Regulations In order to promote the purposes of this Policy, the County Administrator shall have the authority to promulgate and enforce Regulations consistent with this Policy, governing implementation of this Policy and prescribing additional requirements and procedures for the assignment, use and operation of vehicles in the course of the conduct of County business, for the investigation of accidents occurring during the course of the conduct of County business, and for the purpose of promoting vehicle safety. This Motor Vehicle Safety Policy shall not be construed to supersede or limit the Regulations governing personnel management, nor the authority of the County administration to take all actions necessary, including termination of employees, to promote the safe conduct of County business. Other Regulatory Requirements County operations shall be conducted in accordance with all Federal, State of Virginia and local laws and regulations pertaining to motor vehicles, including those applicable to employees possessing commercial driver's licenses. 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, NOVEMBER 13, 2012 RESOLUTION 111312 -6.f REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SYSTEM OF STATE HIGHWAYS, ROUTE 1876, SIERRA DRIVE, UPC 54216 -VDOT PROJECT # 1876- 080 -500, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the street(s) described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County depicting additions in the secondary system of state highways as a result of Project# 1876- 080 -500, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation add to the secondary system of state highways the facilities described on the attached Form AM -4.3, pursuant to §33.1 -229, Code of Virginia, and BE IT FURTHER RESOLVED, the Roanoke County Board of Supervisors guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by - the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A C Y TESTE: 40 eborah C. Jacks Clerk to the Board 0 /Upervisors cc: Arnold Covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 111312 -6.f adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote, on Tuesday, November 13, 2012. A Deborah L. JacKs Clerk to the Board o Page 2of2 ......................... ................ ..the_Cou...... Roanoke........ ............................... By resolution of the governing body adopted November 13, 2012 The following VDOT Form AM -4.3 is hereby attached and incorpor e as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official Report of Changes in the Secondary System of�Highways Project/Subdivision 1876- 080 -500,1 BI Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: VDOT Project Pursuant to Code of Virginia Statute: §33.1 -229 Street Name and /or Route Number Sierra Drive, State Route Number 1876 Old Route Number: 0 -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - • From: 0.19 MI SOUTH INT. WITH RT 1847 To: 0.22 MI SOUTH INT. WITH RT 1847, a distance of: 0.03 miles. Recordation Reference: N/A Right of Way width (feet) = VAR VDOT Form AM - 4.3 (4/20%2007) Maintenance Division Date of Resolution: November 13, 2012 Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION 111312 -6.g REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SYSTEM OF STATE HIGHWAYS, ROUTE 1849, SANTA ANITA TERRACE, UPC 54201 -VDOT PROJECT # 1849- 080 -500, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the street(s) described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County depicting additions in the secondary system of state highways as a result of Project# 1849- 080 -500; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation add to the secondary system of state highways the facilities described on the attached Form AM -4.3, pursuant to §33.1 -229, Code of Virginia; and BE IT FURTHER RESOLVED, the Roanoke County Board of Supervisors guarantees a clear and unrestricted right -of -way, as described and any necessary easements for cuts, fills and drainage. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A OURY TESTE: Deborah C. Jacks Clerk to the Board aupervisors cc: Arnold Covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 111312 -6.g adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote, on Tuesday, November 13, 2012. Deborah C. Jac s Clerk to the Board f Supervisors Page 2 of 2 --------------------------------- - - - - -- In_the y - Count--- Roanoke--------------------------------------- By resolution of the governing body adopted November 13, 2012 The following VDOT Form AM -4.3 is hereby attached and incorp at d as part of the governing body's resolution for changes in the secondary system of state highways. ; _ 101"1 A Copy Testee Signed (County Offici Report of Changes in the Secondary System of Sta e Highways Project/Subdivision 1849-080-500,1131, BI Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: VDOT Project Pursuant to Code of Virginia Statute: §33.1 -229 Street Name and /or Route Number Santa Anita Terrace, State Route Number 1849 Old Route Number: 0 • From: 0.21 MI WEST FROM INT. RT 1847 To: 0.24 MI WEST FROM INT. RT 1847, a distance of: 0.03 miles. Recordation Reference: N/A Right of Way width (feet) = VAR .'DOT Form AM -4.3 (4,2012007) Maintenance Division Date of Resolution: November 13, 2012 Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION 111312 -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 Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A C P TESTE: Deb rah C. Jack Clerk to the Board of Supervisors Page 1 of 1 ACTION NO. A- 111312 -8 ITEM NO. Q -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2012 AGENDA ITEM: Presentation from the U. S. Marine Corps Reserve Unit and the Marine Corps League and appropriation of $20,000 proceeds from the 17 annual Marine Mud Run SUBMITTED BY: Doug Blount Director of Parks, Recreation and Tourism APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In its 17 year, the Marine Corps Mud Run continues to be one of the Roanoke Valley's signature running and fundraising events. This event is one that draws the interest of many individual and its team competition has become popular with school groups, athletic teams, as well as teams made up of friends and neighbors. The event represents a long running partnership, lead by the Roanoke Valley Detachment 426 of the Marine Corps League with support from Marine Corps Reserve Unit, Company B, 4 th Combat Engineer Battalion, in cooperation with the Roanoke County Department of Parks, Recreation and Tourism and many other corporate sponsors. The beneficiaries of this event are the nationally recognized Marine Toys for Tots program and on the local level, Camp Roanoke. We are proud of our partnership with the Marines and look forward to working with them for years to come. This year's $20,000 contribution brings the total amount contributed over the years to $123,200. These funds will be used for facility improvements at the camp. A visit to Camp Roanoke will document the many improvements these funds have made over the years and with the current economy, these types of donations are more important than ever. The presentation will be made by Michael V. Shepherd - Commandant Marine Corps League Roanoke Valley Detachment #426, Robert McClelland - Adjutant / Paymaster from Marine Corps League, Capt. William Moorman - Inspector Instructor Bravo Company 4th Page 1 of 2 Combat Engineer Battalion, Inspector Instructor 1 st Sgt. Scott Peck - Bravo Company 4th Combat Engineer Battalion FISCAL IMPACT: The funds will be appropriated to the Camp Roanoke Fee Class Account for improvements at the camp. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the $20,000 contribution from the 17 annual Marine Corps League Mud Run to the Camp Roanoke Fee Class Account. VOTE: Supervisor Church moved to approve the staff recommendation. Motion approved. cc: Doug Blount, Director of Parks, Recreation and Tourism Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Doug Blount, Director of Parks, Recreation and Tourism Rebecca Owens, Director of Finance 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, NOVEMBER 13, 2012 ORDINANCE 111312 -9 GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY ON A 5.671 ACRES LOCATED AT 6900 WOOD HAVEN ROAD (TAX MAP NO. 26.19 -01- 16.00) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF JESUS THE REDEEMER CHURCH WHEREAS, Jesus the Redeemer Church has filed a petition for a special use permit for religious assembly to be located at 6900 Wood Haven Drive (Tax Map No. 26.19 -01- 16.00) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 5, 2012; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 23, 2012; the second reading and public hearing on this matter was held on November 13, 2012. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Jesus the Redeemer Church for religious assembly on 5.671 acres located at 6900 Wood Haven Drive in the Catawba Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2 -2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: a) The properties shall be developed in substantial conformity with the concept plan dated December 27, 2010, titled "Preliminary Site Page 1 of 3 Plan for Jesus the Redeemer Church, Roanoke County, Virginia ", prepared by Pierson Engineering & Surveying, subject to those changes which may be required by Roanoke County during comprehensive site plan review. b) All parking lot lighting shall be shielded "cut -off' types no more than eighteen (18) feet high and arranged so glare is not cast onto adjoining properties. c) The freestanding signage shall be monument style with a maximum height of seven (7) feet and a maximum width of thirteen (13) feet. d) A single row of small evergreen trees, as specified in Section 30 -92 of the Roanoke County Zoning Ordinance, shall be installed on the eastern side of the driveway adjoining the row of duplexes for approximately one hundred and seventy (170) feet. 2. 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 provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Church to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A CORY TESTE: Deborah C. Jacks Clerk to the Board Vsupervisors cc: Arnold Covey, Director of Community Development Page 2 of 3 Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Paul M. Mahoney, County Attorney Billy Driver, Director of Real Estate Valuation John Murphy, Zoning Administrator Page 3of3 ACTION NO. A- 111312 -1 ITEM NO. E -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2012 AGENDA ITEM: Presentation of results of operations for the fiscal year ended June 30, 2012, and request to appropriate $202,222 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: KPMG LLP completed their audit of the financial operations of the County of Roanoke and the County of Roanoke Public Schools for the year ended June 30, 2012. The Audit Committee met last week to review the results of the year's operations and the management letter comments from the auditors. The Comprehensive Annual Financial Report will be distributed to the Board of Supervisors as soon as it is received from the printer. Below is information for both the County and Schools regarding the results of operations for fiscal year ended June 30, 2012: Results of Operations of the County of Roanoke for the Year Ended June 30, 2012 Revenues The County operations for the year ended June 30, 2012, resulted in general fund revenues $202,222 over budget. A summary of the general fund revenues is outlined in Attachment I and reasons for these variances are as follows: • Real estate tax collections were $594,881 below budget as a result of assessment values being slightly under projection than anticipated. • Local sales tax was $236,682 below budget as the result of sluggish economy. Page 1 of 3 • Communication sales and use tax was $248,931 below budget, which is attributed to some large refunds given by the State and more localities added to the distribution of funds. • Business license tax was $273,440 above budget as a result of construction projects . • Recordation and conveyance tax was $199,043 above budget as a result of low interest rates and more refinancing's than anticipated. • Use of Money and Property was $100,807 below budget, which is attributed to low interest earnings on investments this year. During a work session on October 9, 2012, staff reviewed the June 30, 2012, financial results with the Board. Based on these discussions, staff recommends revenues above budget will be allocated as follows: • $202,222 to be appropriated to Fire and Rescue capital for a future use for personnel, equipment and /or capital. Expenditures Departmental expenditure savings amounted to $3,936,893 as shown on Attachment I. Personnel savings totaled $932,453 as a result of the County's process to review all vacancies and fill only critical positions. Operational and capital savings were approximately $3.0 million as a result of departments delaying purchases and restricting travel and training. For the year ended June 30, 2012, approximately $1.3 million will remain and could be transferred to the County Minor Capital Reserve based on the rollover policy approved by the Board or be paid towards the unfunded VRS amount. During the budget preparation for fiscal 2012 -2013, the County chose to pay the lower VRS rate due to budget constraints. The County does have the opportunity to make a contribution toward their unfunded liability whenever they decide or are able to do so. An additional deposit could keep the rate lower in the future and avoid interest calculated on the unfunded amount. The unfunded amount for fiscal year 2012 -2013 was $1,670,490. Based upon the policy for use of unspent expenditure appropriations at year end, departments are able to request up to sixty percent (60 %) of the savings within their own department for special purchases and programs approved by the County Administrator and the remaining reverts to the Minor County Capital Reserve for future projects. Based upon this policy and discussions with the Board, staff recommends the following appropriations: • $1,107,766 to be appropriated to departments for rollovers (Attachment II) • $231,185 to be appropriated to departments for encumbrances (Attachment III) • $1,327,013 to be appropriated for expenditures that will occur in the 2012 -2013 fiscal year (Attachment IV) Page 2 of 3 • $1,270,929 to be appropriated to the Minor County Capital Reserve, which will bring the balance in this fund to $2,945,055.06. Department rollovers, encumbrances and prior approvals were reviewed during the work session on October 9, 2012. Since that meeting, one additional request was made to allocate $40,000 funding to demolish and remove the old house next to the Back Creek station. Staff recommends allocating funding to this project thus increasing the department rollovers and reducing the amount allocated to minor capital as shown above. Results of Operations of the Roanoke County Public Schools for the Year Ended June 30, 2012 Attachment V is the report for the School Operations year end for June 30, 2012. The School Board will take action to approve this report at the November 7, 2012 meeting. The Schools ended the year with a surplus of $3.3 million net of outstanding purchase orders of $51,390. No action is required by the County Board. STAFF RECOMMENDATION: The Board has previously approved by policy year -end appropriations and the only board action required is as follows: • $202,222 to be appropriated to Fire and Rescue capital for a future use for personnel, equipment and /or capital. VOTE: Supervisor Flora moved to approve the staff recommendation. Motion approved. cc: Rebecca Owens, Director of Finance Page 3of3 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Rebecca Owens, Director of Finance Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 13, 2012 RESOLUTION 111312 -2 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2013 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of Statewide concern to be considered by the 2013 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2013 session of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2013 session of the Virginia General Assembly for its favorable consideration and adoption. 1) Amend Roanoke County Charter Roanoke County requests the General Assembly to amend either State Code or the Roanoke County Charter to shift the responsibility to raise taxes to support public education to the elected school board. 2) Amend 58.1 -3916 Roanoke County requests the General Assembly to remove the requirement to pay interest on refunds for erroneous tax assessments and payments if the error is not the fault of County. 3) Legal Notices Roanoke County requests the General assembly to eliminate the requirement for publication of legal notices in newspapers. Roanoke County spent over $18,000 in legal notice publication costs last year. Paid circulation of newspapers is dropping. More citizens are getting their information from the Internet. Page 1 of 5 4) Local fines and penalties (Items 40 #2c, 139 #8c, 3- 6.04 #2c). Under the 2012 budget amendments, all fines and fees from General District Courts, Juvenile and Domestic Relations Districts Courts, and the Magistrate system would be deposited directly into the State treasury. The Auditor of Public Accounts would determine those localities in which total fines and fee collections exceed forty percent (40 %) of the total collections. The State Comptroller would deduct one -half of the amount in excess of forty percent (40 %) and deposit those local fines and fees into the Literary Fund. Only then would the Commonwealth return the remaining fines and fees to local governments, after deducting its administrative expenses. This is a bureaucratically expensive and confusing system, which will probably be amended and corrected in the 2013 session. Roanoke County believes that there is a better solution to increase funding for the Literary Fund without all of the delay and bureaucratic expense. 5) AOSS (Alternative On -Site Discharge Systems) a) To operate effectively these systems must be designed, inspected and maintained. To eliminate any one of these three elements creates the potential for a public health risk and environmental hazard for the owner and his /her neighbors. When these systems fail, localities will often be the only remaining party left to clean up the mess. Roanoke County requests that the General Assembly return to localities the authority to regulate these systems. b) When the owner of an AOSS refuses to correct deficiencies identified during a required annual inspection, or when an owner cannot afford to repair or replace a failed AOSS, then allow localities to impose civil penalties and as a last resort the authority to repair and place a lien on the property. c) Authorize a portion of the State permit fees for AOSS to be used for loans to owners who cannot afford to repair. 6) CSA Current biennial budget appears to impose a cap on certain mandated "wrap around" services. The administration has attempted to identify these services as "non- mandated ", but local governments and House Appropriations staffs have opined that the services intended to be covered by this language do meet criteria for "mandated" services, and therefore should be considered as "sum sufficient ". Although the amount appropriated appears to be sufficient at this time, the future expenses are unknown. This action sets a precedent in capping the expenses related to treatment of mandated services. Roanoke County requests the General Assembly to: Page 2of5 a) Amend the 2012 legislation to allow for local designees to be named to the State Executive Council. b) Do not shift onto local governments and real estate taxpayers the expense of federal penalties, when the Commonwealth fails to meet its obligations for human services programs, including adequate administrative funding, technology, training and technical assistance necessary to properly do the job. c) Support a requirement that the State Executive Council and the Comprehensive Services Act follow the Administrative Process Act in promulgating, amending or repealing regulations. 7) Local Government State Funding and Mandates — As the General Assembly reviews the biennial budget, it is requested that if the General Assembly is required to further reduce local government funding that it also investigate the need to reduce or eliminate State mandates in relationship to the budgetary cuts. For the past three years the General Assembly has required local governments to either arbitrarily cut State - supported local programs or to appropriate funds to the Commonwealth to pay an additional portion of these required costs. State revenues have improved while local government revenues have remained stagnant (being substantially reliant upon real estate assessments). Roanoke County requests the General Assembly to eliminate the requirement for "local support for the Commonwealth" (current year amount $556,580 and next year $456,285), and to repeal of the State's fiscal year 2013 ($50 million) and fiscal year 2014 ($45 million) reductions in Aid to Localities. Instituted in fiscal year 2009, these reductions are in addition to program specific cuts such as State budget reductions in K -12 public education, constitutional officers, human services and public safety. 8) Roanoke County supports legislation to correct deficiencies in the "Licensing and Regulation of Cable Television Systems" legislation (2006 Acts of Assembly, Chapters 73, 76, Section 15.2- 2108.19, et seq.). These corrections should strengthen the opportunity for local governments to enforce commitments by cable operations, assure upgrades in technology, enhance penalties for failure to comply with any ordinance and provide an efficient and inexpensive method to revoke non - performing franchises. 9) Line of Duty Act Roanoke County requests the General Assembly to fully fund the Line of Duty Act (CODA) obligations that were authorized, by the Code of Virginia, prior to budget language changes in fiscal year 2010 -2012. Those budget changes mandate the former State CODA program to be a locally funded program. Page 3of5 10) Circuit Court Judges Currently the 23rd Judicial Circuit has authorized six (6) circuit court judges. Two of these judges have decided to retire in early 2013; however, the General Assembly has decided not to appoint new judges to fill judicial vacancies. Failure to fill these judicial vacancies will adversely impact the citizens of this judicial circuit by delaying the timely resolution of civil disputes and the resolution of criminal charges. Justice delayed is justice denied. Therefore Roanoke County requests the General Assembly to fill these judicial vacancies immediately. That the Clerk to the Board of Supervisors is directed to send an attested copy of this resolution to Governor McDonnell, Senator John S. Edwards, Senator Ralph Smith, Delegate Greg Habeeb, Delegate Onzlee Ware, Delegate Chris Head, Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council; Kevin S. Boggess, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley - Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor Church to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A Y TESTE: IJ De rah C. Jacks Clerk to the Board o Supervisors cc: Paul M. Mahoney, County Attorney Governor Bob McDonnell Senator John S. Edwards Senator Ralph K. Smith Delegate Gregory D. Habeeb Page 4 of 5 Delegate Christopher Head Delegate Onzlee Ware Stephanie Moon, Roanoke City Clerk Roanoke City Council Kevin S. Boggess, Salem City Clerk Salem City Council Susan N. Johnson, Vinton Town Clerk Vinton Town Council Roanoke Valley Alleghany Regional Commission Virginia Association of Counties I hereby certify that the foregoing is a 'true and correct copy of Resolution 111312 -2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, November 13, 2012. Deborah C. Jacks Clerk to the Board of upervisors Page 5of5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION 111312 -3 ESTABLISHING A POLICY REGARDING OPENING INVOCATIONS BEFORE MEETINGS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the Board of Supervisors ( "the Board ") is an elected legislative and deliberative public body, serving the citizens of Roanoke County, Virginia; and WHEREAS, the Board wishes to solemnize its proceedings by allowing for an opening invocation before each meeting, for the benefit and blessing of the Board; and WHEREAS, the Board now desires to adopt this formal, written policy to clarify and codify its invocation practices; and WHEREAS, our country's Founders recognized that we possess certain rights that cannot be awarded, surrendered, nor corrupted by human power, and the Founders explicitly attributed the origin of these, our inalienable rights, to a Creator. These rights ultimately ensure the self - government manifest in our deliberative bodies, upon which we desire to invoke divine guidance and blessing; and WHEREAS, in Marsh v. Chambers, 463 U.S. 783 (1983), the United States Supreme Court validated the Nebraska Legislature's practice of opening each day of its sessions with a prayer by a chaplain paid with taxpayer dollars, and specifically concluded, "The opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country. From colonial times through the founding of the Republic and ever since, the practice of legislative prayer has coexisted with the principles of disestablishment and religious freedom." Id., at 786; and Page 1 of 12 WHEREAS, the Board desires to avail itself of the Supreme Court's recognition that it is constitutionally permissible for a public body to "invoke divine guidance" on its work. Id., at 792. Such invocation "is not, in these circumstances, an `establishment' of religion or a step toward establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country." Id.; and WHEREAS, the Supreme Court also famously observed in Zorach v. Clauson, 343 U.S. 306, (1952), "We are a religious people whose institutions presuppose a Supreme Being." Id., at 313 -14; and WHEREAS, the Supreme Court acknowledged in Holy Trinity Church v. United States, 143 U.S. 457 (1892), that the American people have long followed a "custom of opening sessions of all deliberative bodies and most conventions with prayer...," Id., at 471; and WHEREAS, the Supreme Court has determined, "The content of [such] prayer is not of concern to judges where ... there is no indication that the prayer opportunity has been exploited to proselytize or advance any one, or to disparage any other, faith or belief." Marsh, 463 U.S. at 794 -795; and WHEREAS, the Supreme Court also proclaimed that it is not the job of the courts or deliberative public bodies "to embark on a sensitive evaluation or to parse the content of a particular prayer" offered before a deliberative public body. Id.; and WHEREAS, this Board is not establishing a policy that defines the Constitutional limits for permissible public invocations, this Board intends to adopt guidelines that are Page 2 of 12 consistent with the guidance provided by the several courts that have considered the validity of public invocations; and WHEREAS, this Board is only bound by the decisions of the United States Court of Appeals for the Fourth Circuit, the United States Court of Appeals in several federal circuits have provided general guidance to help ensure that policies concerning pubic invocations are consistent with the Constitution; and WHEREAS, in Simpson v. Chesterfield County Bd. of Supervisors, 404 F.3d 276 (4 t " Cir. 2004), cent. denied, the United States Court of Appeals for the Fourth Circuit specifically approved as constitutional the invocation policy of a county board making a number of key findings, including the facts that the Simpson policy: (1) Established a practice of compiling a list of local monotheistic congregations, "with addresses taken primarily from the phone book," whereto the county clerk would send an invitation each December addressed to the "religious leader" of each congregation, Id., at 279; and (2) Required the county clerk to schedule respondents to the invitation "to give the invocation on a first -come, first -serve basis," Id.; and (3) Thus, "made plain that [the county board] was not affiliated with any one specific faith by opening its doors to a wide pool of clergy." Id., at 286; and WHEREAS, the Fourth Circuit showed little concern that the invocations before Board meetings in Simpson included prayers that were "traditionally made to a divinity that is consistent with the Judeo- Christian tradition," Id., at 280, because Marsh also considered, and found constitutionally acceptable, the fact that the prayers in question Page 3 of 12 fit broadly within `the Judeo- Christian tradition. "' Id., at 283 (quoting Marsh, 463 U.S. at 793); and WHEREAS, the Fourth Circuit's ruling in Simpson can be distinguished from its earlier decision in Wynne v. Town of Great Falls, 376 F.3d 292 (4 Cir. 2002), cent. denied, where a town Board "improperly `exploited' a `prayer opportunity' to `advance' one religion over others." Id., at 298 (quoting Marsh, 463 U.S. at 794); and WHEREAS, the Board intends to avoid the unique circumstances that rendered the practices at issue in Wynne unconstitutional, including the facts that: (1) The Town Council "steadfastly refused" to allow any "deity associated with any specific faith other than Christianity" to be invoked, Id., at 300, n.5; and (2) Town Council members publicly chided and "ostracized" those who refused to participate in their prayers, Id., at 295; and (3) The refusal to participate in prayers "adversely affected [a citizens] right to participate in the Council meetings." Id., at 299, n.4; and WHEREAS, The Fourth Circuit's ruling in Joyner v. Forsyth County, 653 F.3d. 341 (4 Cir. 2011), approved the practice of following a neutral policy that invites religious leaders from diverse religious institutions serving the local community to voluntarily offer an invocation before public meetings, but required the council to proactively discourage "sectarian references" while finding that "occasional sectarian references" do not violate the Constitution; and Page 4 of 12 WHEREAS, the Board intends, and has intended in past practice, to adopt a policy that does not proselytize or advance any particular faith, or show any purposeful preference of one religious view to the exclusion of others; and WHEREAS, the Board intends to adopt a policy that will not show a purposeful preference of one religious view over another by not permitting the faith of the person offering the invocation to be considered when extending an invitation; and WHEREAS, the Supreme Court recognized in Marsh v. Chambers, 463 U.S. at 786, this country's history and tradition of opening sessions of deliberative public bodies with an invocation and affirmed in Lynch v. Donnelly, 465 U.S. 668 (1984), that "Our history is replete with official references to the value and invocation of Divine guidance in deliberations and pronouncements of the Founding Fathers and contemporary leaders." Id., at 675, and the Board believes that clergy that serve the local community are peculiarly suited through training, tradition, and public service to petition for divine guidance upon the deliberations of the Board, and to accomplish the Board's objective to solemnize public occasions, express confidence in the future, and to encourage the recognition of what is worthy of appreciation in society. See Lynch, 465 U.S. at 693 (O'Conner concurring); and WHEREAS, the Board accepts as binding the applicability of general principles of law and all the rights and obligations afforded under the United States and Virginia Constitutions and statutes. Page 5 of 12 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Board hereby adopts the following written policy regarding opening invocations before meetings of the Board, to wit: 1. It is the intent of the Board to allow a private citizen to solemnize the proceedings of the Board of Supervisors. It is the policy of the Board to allow for an invocation, which may include a prayer, a reflective moment of silence, or a short solemnizing message, to be offered before its meetings for the benefit of the Board. 2. Although the invocation may be listed in the program or schedule of events on a separate introduction page, it shall not be considered an agenda item for the meeting or part of the public business. 3. No member or employee of the Board or any other person in attendance at the meeting shall be required to participate in any prayer that is offered. 4. The prayer shall be voluntarily delivered by an eligible member of the clergy in the County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem. To ensure that such person (the "invocation speaker ") is selected from among a wide pool of the region's clergy, on a rotating basis, the invocation speaker shall be selected according to the following procedure: a. The Clerk to the Board (the "Clerk ") shall compile and maintain a database (the "Invocations List ") of the religious congregations with an established presence in the County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem. Page 6 of 12 b. The Invocations List shall be compiled by referencing the listing for "churches," "congregations," or other religious assemblies in the annual phonebook publication distributed by the company that holds the telecommunication franchise for the Roanoke Valley, research from the Internet, and consultation with local chambers of commerce. All religious congregations with an established presence in the local communities of the County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem are eligible to be included in the Invocations List, and any such congregation can confirm its inclusion by specific written request to the Clerk. In addition, the County shall solicit the participation of any private citizen or religious congregation through the County's website and on Roanoke Valley Television (RVTV). C. The policy is intended to be and shall be applied in a way that is all- inclusive of every diverse religious congregation in the County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem. The Invocations List is compiled and used for purposes of logistics, efficiency, and equal opportunity for all of the community's religious leaders, who may themselves choose whether to respond to the Board's invitation and participate. Should a question arise as to the authenticity of a religious congregation, the Clerk shall refer to Page 7 of 12 criteria used by the Internal Revenue Service in its determination of those religious organizations that would legitimately qualify for I.R.C. § 501(c)(3) tax - exempt status. d. The Invocations List shall also include the name and contact information of any chaplain who may serve one or more of the fire departments or law enforcement agencies of County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem. e. The Invocations List shall also include the name and contact information of any religious congregation located outside the region if such religious congregation is attended by at least one resident of the County and such resident requests the inclusion of said religious congregation by specific written communication to the Clerk. f. The Invocations List shall be updated, by reasonable efforts of the Clerk, in November of each calendar year. g. Within thirty (30) days of the effective date of this policy, and on or about December 1 of each calendar year thereafter, the Clerk shall mail an invitation addressed to the "religious leader" of each congregation listed on the Invocations List, as well as to the individual chaplains included on the Invocations List. Page 8 of 12 h. The invitation shall be dated at the top of the page, signed by the Clerk at the bottom of the page, and read as follows: Dear Religious leader, The Board of Supervisors of Roanoke County makes it a policy to invite members of the clergy in our region to voluntarily offer an invocation before the beginning of its meetings, for the benefit and blessing of the Board. As the leader of one of the religious congregations with an established presence in the local community, or in your capacity as a chaplain for one of the local fire departments or law enforcement agencies, you are eligible to offer this important service at an upcoming meeting of the Board. If you are willing to assist the Board in this regard, please send a written reply at your earliest convenience to the Clerk to the Board at the address included on this letterhead. Clergy are scheduled on a first -come, first -serve basis. The dates of the Board's scheduled meetings for the upcoming year are listed on the following, attached page. If you have a preference among the dates, please state that request in your written reply. This opportunity is voluntary, and you are free to offer the invocation according to the dictates of your own conscience. To maintain a spirit of respect and ecumenism, the Board requests that the opportunity not be exploited as an effort to convert others to the particular faith of the invocation speaker, nor to disparage any faith or belief different than that of the invocation speaker. The U.S. Court of Appeals for the Fourth Circuit opined in Joyner v. Forsyth County, 653 F.3d. 341, 349 (4 Cir. 2011), that prayers at the opening of legislative sessions "must strive to be nondenominational so long as it is reasonably possible should send a signal of welcome rather than exclusion should not reject the tenets of other faiths in favor of just one [,- ... and may not] repeatedly suggest the government has put its weight behind a particular faith." The Court further instructed the deliberative body to "be proactive in discouraging sectarian references" to avoid "occasional" references from becoming too "frequent" when the invocations are viewed as a collective. The County requests that you comply with these court guidelines accordingly. Page 9 of 12 On behalf of the Board of Supervisors, 1 thank you in advance for considering this invitation. Sincerely, Clerk to the Board i. As the invitation letter indicates, the respondents to the invitation shall be scheduled on a first -come, first -serve basis to deliver the invocation. j. In the event an eligible member of the clergy believes that the clerk has not complied with the terms of this policy, the clergy member has the right to have the matter reviewed by the Board. k. Any private citizen, including those who do not belong to religious congregation may request the Clerk to be added to the list of persons delivering invocations. 5. No invocation speaker shall receive compensation for his or her service. 6. No guidelines or limitations shall be issued regarding an invocation's content, except that the Board shall request by the language of this policy that invocations in the form of a prayer, when considered collectively, should avoid having "sectarian references" become too frequent and no invocation should proselytize or advance any faith, or disparage the religious faith or non - religious views of others. 7. The Clerk shall make every reasonable effort to ensure that a variety of eligible invocation speakers are scheduled for the Board meetings. In any event, no invocation speaker shall be scheduled to offer an invocation at consecutive meetings of the Board, or at more than three (3) Board meetings in any calendar year. If the Page 10 of 12 scheduled invocation speaker fails to appear, then the Board shall solemnize the proceedings with a reflective moment of silence. 8. Neither the Board nor the Clerk shall engage in any prior inquiry, review of, or involvement in, the content of any invocation to be offered by an invocation speaker. 9. To clarify the Board's intentions, as stated herein above, the following disclaimer shall be included in at least ten (10) point font at the bottom of any printed program or schedule of events on the separate introduction page published by the Board: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." 10. Shortly before the opening gavel that officially begins the meeting and the agenda /business of the public, the Chairperson of the Board shall introduce the invocation speaker and invite those who wish to show respect for the traditional observances and /or the Board to stand. 11. This policy is not intended, and shall not be implemented or construed in any way, to affiliate the Board with, nor express the Board's preference for, any faith or religious denomination. Rather, this policy is intended to acknowledge and express the Page 11 of 12 Board's respect for the diversity of religious denominations and faiths represented and practiced among the citizens of Roanoke County. NOW, THEREFORE, BE IT FURTHER RESOLVED that this policy shall become effective from and after January 1, 2013. On motion of Supervisor Moore to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A C Y TESTE: De b rah C. Jack Clerk to the Board of pervisors cc: Paul M. Mahoney, County Attorney Page 12 of 12 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY NOVEMBER 13, 2012 RESOLUTION 111312 -4 ACCEPTING FOR PUBLICATION AND CONCEPTUAL PHASE CONSIDERATION THE UNSOLICITED PROPOSAL FROM SHOCKEY P3, LLC FOR THE DESIGN AND CONSTRUCTION OF A NEW ROANOKE COUNTY CRIMINAL JUSTICE ACADEMY UNDER THE PUBLIC - PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, the Public- Private Education Facilities and Infrastructure Act of 2002 (PPEA) allows the Roanoke County Board of Supervisors to create apublic- private partnership to develop projects for public use; and WHEREAS, by Resolution 051303 -4 the Board of Supervisors of Roanoke County adopted procedures for the implementation of the PPEA by Roanoke County; and WHEREAS, Shockey P3 LLC has submitted an unsolicited proposal under the provisions of the PPEA to construct a Criminal Justice Academy as an expansion of the City of Roanoke Police Academy; and WHEREAS, the Roanoke County Administrator and Roanoke City Manager and their respective law enforcement staffs have conceptually agreed that pursuing a joint facility could provide substantial operational and economic benefit to both jurisdictions; and WHEREAS, the County Administrator has reviewed this unsolicited proposal and has recommended to the Board of Supervisors this unsolicited proposal be formally accepted for review. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 3 1. That there is a public need for a Criminal Justice Academy facility for Roanoke County. 2. That it chooses to accept the Shockey P3 LLC unsolicited proposal for publication and conceptual phase consideration. 3. That it will proceed to use procedures developed that are consistent with procurement of other than professional services through "competitive negotiation ", since doing so is likely to be advantageous to the County and the public based upon either (i) the probable scope, complexity or urgency of need, or (ii) the risk sharing, added value, increase in funding or economic benefit from the project would otherwise not be available. The scope and complexity of the development of a Criminal Justice Academy requires an innovative approach, such as competitive negotiation, to the design and construction of a new facility. 4. That the County Administrator, or an Assistant County Administrator, is directed to post and publish the required notice thus allowing an opportunity for competing preliminary proposals to be submitted. Due to the complexity of the proposed project and the County's desire to encourage competition, the notice shall state that competing proposals must be submitted on or prior to January 31, 2013, to be considered, rather than the minimum of 45 day allowed by the Commonwealth of Virginia's Public Private Educational Facilities and Infrastructure Act. The County Administrator is also authorized and directed to take such other actions as may be necessary to implement this resolution. Page 2of3 On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A PY TESTE: De rah C. Jacks Clerk to the Board ofqUpervisors cc: Paul M. Mahoney, County Attorney Daniel R. O'Donnell, Assistant County Administrator Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 ORDINANCE 111312 -5 APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE WITH USCOC OF VIRGINIA (US CELLULAR) FOR A COMMUNICATIONS ANTENNA TOWER AT CATAWBA FIRE STATION WHEREAS, Ordinance 102897 -6 approved and authorized the execution of a lease with Ohio State Cellular Phone Company, Inc. for a communications antenna tower at Catawba Fire Station, Catawba Magisterial District; and WHEREAS, this lease is due to expire on March 31, 2013, and the company now known as USCOC of Virginia has requested a new lease for this site; and WHEREAS, counsel and staff for the parties have negotiated a new lease which addresses mutual concerns of the parties; and WHEREAS, the first reading of this ordinance was held on October 23, 2012; and the second reading and public hearing was held on November 13, 2012. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That it is the County's best interest to lease a portion of this property to USCOC of Virginia in order to provide a site for the location of a communications tower. 2. That the area to be leased by the County to USCOC of Virginia is described as a parcel containing ten thousand square feet (10,000 sq. ft.) together with an easement for access and utilities and is situated at the Catawba Fire Station in the Catawba Magisterial District of Roanoke County, being a portion of Tax Map #7.00 -1- 29. Page 1 of 2 3. That the term of this lease shall be for five (5) years, with automatic renewals of up to five (5) additional terms of five (5) years each, unless the Tenant terminates. The rent will be $1,000 per month or $12,000 annually beginning on April 1, 2013. The rent increases by ten percent (10 %) each renewal term. The Tenant has the right to sublease, but must pay the County twenty -five percent (25 %) of the revenue derived from the subtenant, current or future. 4. That the County Administrator 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. On motion of Supervisor Church to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A C TESTE: Deborah C. Jack Clerk to the Board 4 wupervisors cc: Paul M. Mahoney, County Attorney Anne Marie Green, Director of General Services B. Clayton Goodman III, County Administrator Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 111312 -6.a ITEM NO. 1 -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: November 13, 2012 Request from the Roanoke County Sheriff's Office to accept and appropriate funds in the amount of $7,528 for a grant administered by the U. S. Department of Justice's Bulletproof Vest Partnership Michael G. Winston Sheriff B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Bulletproof Vest Partnership (BVP) has awarded the Roanoke County Sheriff's Office a fifty percent (50 %) matching grant to assist in the purchase of protective vests. The U.S. Department of Justice will fund fifty percent (50 %) of the cost of each vest up to a total of $3,764 of federal funds. The period for this grant funding is April 1, 2012 thru March 31, 2014. FISCAL IMPACT: This grant requires a fifty percent (50 %) match. The funds, in the amount of $3,764 will come from the Sheriff's Office fiscal year 2012 -2013 budget. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the BVP grant in the amount of $7,528 Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Michael G. Winston, Sheriff Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Michael G. Winston, Sheriff Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 111213 -6.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: November 13, 2012 AGENDA ITEM: Request to accept and appropriate $50,000 to the Roanoke County Schools from Pepsico Foodservice Company 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: A request for proposals (RFP) was issued for the soft drink distribution in the Roanoke County Schools. The Pepsico Foodservice Company was selected as the successful vendor with athree -year contract term with an annual payment of $50,000 to be distributed among the schools, 1,000 cases of donated product and a full service commission of fifteen percent (15 %) on $1.25 vending price. There was a decrease in the annual payment due to decreased sales during the past three years. FISCAL IMPACT: $50,000 will be distributed between the schools. ALTERNATIVES: None STAFF RECOMMENDATION: Appropriation of funds in the amount of $50,000 annually for three (3) years. Page 1 of 2 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 Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Brenda Chastain, Clerk to the Roanoke County School Board Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. 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: November 13, 2012 AGENDA ITEM: Confirmation of appointments to the South Peak Community Ms. Moore Development Authority SUBMITTED BY: Deborah C. Jacks Mr. Altizer Clerk to the Board APPROVED BY: B. Clayton Goodman III Mr. Church County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. South Peak Community Development Authority During the closed meeting on October 23, 2012, the Board of Supervisors recommended the reappointment of Daniel R. O'Donnell and Susan Still for an additional four -year term to expire October 25, 2016. Both appointees have agreed to serve an additional term. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. Page 1 of 1 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ Page 1 of 1 cc: Daniel R. O'Donnell, Assistant County Administrator Susan Still Sue Bane, Legal Assistant Page 2 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION 111312 -6 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 November 13, 2012, 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 7 inclusive, as follows: 1. Approval of minutes — October 9, 2012; October 23, 2012 2. Request from the Roanoke County Sheriff's Office to accept and appropriate funds in the amount of $7,528 for a grant administered by the U. S. Department of Justice's Bulletproof Vest Partnership 3. Request to accept and appropriate $50,000 to the Roanoke County Schools from Pepsico Foodservice Company 4. Confirmation of appointment to the South Peak Community Development Authority 5. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Vicki L. James, Benefit Program Supervisor, upon her retirement after more than nine (9) years of service 6. Request to approve a Motor Vehicle Driving Record Policy for the County of Roanoke 7. Resolutions requesting acceptance of portions of Sierra Drive and Santa Anita Terrace into the Virginia Department of Transportation (VDOT) Secondary System Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COEPT TESTE: Debdrah C. Jacks Clerk to the Board of /Upervisors Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION 111312 -6.d EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO VICKI L. JAMES, BENEFIT PROGRAM SUPERVISOR, UPON HER RETIREMENT AFTER MORE THAN NINE (9) YEARS OF SERVICE WHEREAS, Vicki L. James was hired on August 18, 2003, and has worked as a Benefit Programs Specialist and a Benefit Programs Supervisor during her tenure with Roanoke County; and WHEREAS, Ms. James retired on November 1, 2012, after nine (9) years and three (3) months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Ms. James worked eight (8) of her nine (9) years as a Benefit Programs Supervisor. Vicki worked hard to promote both compassion and empathy in the delivery of benefits to the citizens of Roanoke County. She continually worked to improve the efficiency of the staff most specifically in the areas of timeliness and accuracy. Vicki was an active member of the Virginia Benefit Programs Organization serving as both President and Vice - President of our local chapter for several years. Vicki contributed much during her tenure and we appreciate her service to Roanoke County Department of Social Services. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to VICKI L. JAMES, for nine (9) years and three (3) months of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A CORY TESTE: Deborah C. Jacks Clerk to the Board of Wpervisors Page 2 of 2 ACTION NO. A- 111312 -6.e ITEM NO. 1 -6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2012 AGENDA ITEM: Request to approve a Department of Motor Vehicle Driving Record Review Policy SUBMITTED BY: Don Karnes Risk Manager APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In an effort to promote employee /public safety and reduce the County's exposure to financial loss, a policy requiring the review of the Department of Motor Vehicles driving records was established. Since many Virginia governments have a similar policy in place, County staff took the opportunity to visit both Chesterfield and Henrico to learn best practices for establishing this policy and internal procedures. This policy applies to the County of Roanoke, Virginia employees (full time, temporary and seasonal) and volunteers, whose jobs necessitate the operation of a vehicle owned, rented or leased by the County, including "pool" vehicles. The policy also applies to individuals who operate personal vehicles while conducting County business. Employees subject to this Policy shall have a valid driver's license for their state of residence appropriate for the class of vehicle operated by the employee. The privilege of being assigned a vehicle, driving a County vehicle, or operating a vehicle in a position requiring a driver's license shall be denied in the case of applicants, employees or volunteers (1) have a suspended or terminated licenses, (2) have a current DMV Record reflecting accumulation of DMV demerit points in excess of six, (3) have a DUI conviction within one year or (4) whose pattern of driving or convictions or physical condition is found by the department director to jeopardize the safe performance of County operations. Page 1 of 3 The policy establishes mandatory checks of driving records with the Virginia Department of Motor Vehicles and the participation of the County in the DMV Driver Alert Program. Both programs would allow the County to monitor driver records of employees. Elements of the program are as follows: • If an employee accrues 6 points in 12 months or 9 points in 18 months on their Department of Motor Vehicle driving record they will be required to complete a Department of Risk Management approved Defensive Driving Course. • A County employee's privilege to operate a County owned vehicle or use a privately owned vehicle to conduct official County business shall be suspended for six months when the employee accrues nine driving penalty points within a twelve month period. Employees convicted of driving under the influence or who refuse to take a BAC test shall have their County operating privileges suspended for a minimum of one year even if the Department of Motor Vehicles grants a restricted license during the suspension period. • A County employee's privilege to operate a County owned vehicle or use a privately owned vehicle for official County business shall be revoked if the employee accrues twelve driving penalty points within a twelve month period. See attached Motor Vehicle Driving Record Review Policy for more detailed information. Staff has worked on the development of this policy for about a year to include internal meetings with Human Resources, Finance and Administration, visits to other Virginia governments, and working with CommlT to automate the process. Draft policies were reviewed with the County department directors, input received and changes made to address their concerns. This initiative will be managed by the Risk Management Division of the Finance Department within the current staffing allotment. FISCAL IMPACT: Reinsurance risk control departments advise this could control insurance premiums and lower the risk of liability for the County. STAFF RECOMMENDATION: Staff recommends approval of the attached Department of Motor Vehicles Driving Record Review Policy. Page 2 of 3 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Don Karnes, Risk Manager Rebecca Owens, Director of Finance Page 3of3 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Don Karnes, Risk Manager Rebecca Owens, Director of Finance Page 3of3 DEPARTMENT OF FINANCE RISK MANANGEMENT DIVISION MOTOR VEHICLE DRIVING RECORD REVIEW POLICY AND PROCEDURES Purpose This policy is to promote employee and public safety in conjunction with reducing the County's exposure to financial loss by establishing a mandatory review of driving records of job applicants and of current employees or volunteers who drive County vehicles or personal vehicles to fulfill their job responsibilities. The purpose of such review is to ensure that employees are eligible to drive under the guidelines contained herein. Scope This policy applies to the County of Roanoke, Virginia employees (full time, temporary and seasonal) and volunteers, whose jobs necessitate the operation of a vehicle owned, rented or leased by the County, including "pool" vehicles. The policy also applies to individuals who operate personal vehicles while conducting County business. Employees subject to this Policy shall have a valid driver's license for their state of residence appropriate for the class of vehicle operated by the employee. The privilege of being assigned a vehicle, driving a County vehicle, or operating a vehicle in a position requiring a driver's license shall be denied in the case of applicants, employees or volunteers (1) have a suspended or terminated licenses, (2) have a current DMV Record reflecting accumulation of DMV demerit points in excess of six, (3) have a DUI conviction within one year or (4) whose pattern of driving or convictions or physical condition is found by the department director to jeopardize the safe performance of County operations. Definitions: A. Driving Position: 1. Employee: When used in this procedures includes full time, part time, temporary, seasonal employee and volunteers) 2. Required Driver: Employee must drive a County vehicle as a primary function of their job responsibilities. Will be subject to periodic driving record checks. 3. Regular Driver: Will be required to regularly drive a County or personal vehicle on County business. Will be subject to periodic driving records checks. Page 1 of 6 4. Occasional Driver: May drive a county vehicle on an occasional and sporadic basis defined as, generally less than twice per month or less than approximately 250 miles per year. B. Points: The DMV point total considered under this policy is not reduced by positive points such as those granted for completing a defensive driving or driver improvement course. C. Vehicle: A vehicle licensed to be used on public streets. This includes privately owned vehicles, county owned, leased or rented vehicles. DMV Record Checks 1. If an employee accrues 6 points in 12 months or 9 points in 18 months on their Department of Motor Vehicle driving record they will be required to complete a Department of Risk Management approved Defensive Driving Course. 2. A County employee's privilege to operate a County owned vehicle or use a privately owned vehicle to conduct official County business shall be suspended for six months when the employee accrues nine driving penalty points within a twelve month period. Employees convicted of driving under the influence or who refuse to take a BAC test shall have their County operating privileges suspended for a minimum of one year even if the Department of Motor Vehicles grants a restricted license during the suspension period. POINT ACCUMULATED ACCUMULATION TIME PERIOD Recommended Discipline 6 12 Months Defensive Driving Class 9 12 Months 6 Month Driving Suspension 9 18 Months Defensive Driving Class 12 12 Months Driving Privileges Revoked 18 24 Months Driving Privileges Revoked 3. A County employee's privilege to operate a County owned vehicle or use a privately owned vehicle for official County business shall be revoked if the employee accrues twelve driving penalty points within a twelve month period. 4. This Administrative policy does not supersede any departmental policies that mandate more severe punishment or driving restrictions. Page 2 of 6 Responsibility and Authority The Risk Management Division of Finance has the oversight responsibility for monitoring departmental compliance concerning the Driving Record Transcripts Review Policy. It shall be the responsibility of all department directors and management to ensure compliance with the policy and process. The department director has the responsibility and authority to determine appropriate action against employees with suspended or revoked licenses. Employees or volunteers with six (6) or more demerit points shall receive, from the department director, the advisory memorandum (Exhibit I). Department directors are also responsible for ensuring that completed employee authorization forms (Exhibit II) are transmitted to the Risk Management Division of Finance if not on file in the Department of Human Resources. It is the responsibility of every County employee or volunteer who operates a County vehicle to ensure that he or she does not operate a vehicle if his or her driver's license is suspended or revoked, and to immediately inform the department director upon the suspension or revocation of his or her driver's license, and of any moving violation citation within twenty -four hours or the next business day. The Risk Management Division shall obtain and review DMV transcripts for which employee and volunteer authorization has been received from departments and to provide appropriate recommendations to the department director regarding employee eligibility to operate a County vehicle. Record Review A. Prospective Employees Candidates selected for interviews for positions to which a vehicle is assigned or which require driving or the possession of a valid driver's license shall give authorization for access to their driving records from the Division of Motor Vehicles ( "DMV Record "). Those prospective employees must meet the criteria set out below as reflected by the DMV Record. B. Current Employees Current employees and volunteers to whom a vehicle is assigned, whose job descriptions require driving or possession of a valid driver's license, or who drive a County vehicle, must meet the criteria set out below, as reflected in the DMV Page 3 of 6 Record. Failure to maintain eligibility requirements for positions that require driving can result in discipline up to and including possible termination. C. Criteria for Eli Prospective and current employees and volunteers subject to this Policy shall be required to meet the criteria set out in this Section. If the criteria eligibility is not met, then the employee shall be disqualified from County vehicle driving privileges. 1. Receipt of a D.U.I. conviction, suspension or exceeding DMV demerit points as shown in this policy will be cause for suspension of County vehicle driving privileges consistent with self- insurance requirements. 2. Drivers of vehicles requiring CDL should be at least 18 years of age and have one year of experience operating the type vehicle used by the county unless a formal driver training program is in place. Employees holding a C.D.L. will be subject to drug & alcohol testing as required under the Federal Omnibus Transportation Employee Testing Act of 1991. The complete Drug and Alcohol Testing Policy for Commercial Drivers is contained on the Risk Management Intranet site. 3. The department director or risk manager, with the County Administrators approval may suspend or terminate driving privileges of any employee charged with an offense involving operation of a motor vehicle, if the County Staff determines after suitable investigation that continued driving would jeopardize the safe conduct of County operations. DMV Record Reviews A. The Finance Department / Risk Management Division shall obtain and review the record of all employees and volunteers subject to this Policy at a minimum of once every three years. The employee or volunteer and the department director shall be notified of either continued eligibility or failure to meet the applicable criteria, and shall be provided with a copy of the DMV Record upon request. Departments may be exempt from this policy if they have their own driving record review process that is approved by the County Administrator. B. The risk manager shall also obtain and review the DMV record of any employee subject to this Policy who is involved in an accident while driving an assigned or other County vehicle, and when an employee subject to this policy is involved in an accident in the course of conducting County business. Page 4 of 6 C. At the time of hire, new employees or volunteers subject to this Policy shall provide authorization for access to DMV records. Current employees and volunteers shall also provide authorization. Employees' authorization forms shall be maintained in the personnel files or in Risk Management files. D. All records obtained pursuant to this Policy shall be confidential personnel records. Guidelines for Maintaining Eligibility A. Driver Training Requirements - All County employees and volunteers to whom a vehicle is assigned, or whose job descriptions require driving or a valid driver's license shall complete a driver training course approved by the risk manager within one year of initial employment, and afterwards a minimum of once every 5 years, to maintain eligibility to drive. This program will be offered by the county at no expense to the employee. Employees shall also complete any additional training required for operation of specific types of vehicles or other special purposes or as prescribed for remedial measure. The employee may be required to pay for training prescribed as a remedial measure. B. Suspension/Revocation/ineligibilityy - Upon the suspension or revocation of an employee's or volunteer's license by any court or by the Division of Motor Vehicles, the privilege of the employee or volunteer subject to this Policy to operate a county vehicle or to drive in the course of carrying out job duties shall be immediately suspended. Such suspension shall last for the duration of suspension or revocation of the employee's license. C. Accommodation - The department head, in consultation with the County Administrator, may elect to alter an employee's responsibilities or otherwise accommodate the employee during the period of a suspension or other ineligibility, for failure to meet the criteria established by this Policy. Prior to the end of any suspension or period of ineligibility, the employee must complete any training required by the County, at his /her own expense. The employee must provide proof of successful completion to the department director. D. Further Action - If the employee's or volunteer's eligibility to operate a motor vehicle is suspended or revoked or if he /she becomes ineligible to drive pursuant to this Policy and the employee's or volunteer's restrictions cannot be accommodated within his /her responsibilities, the department head, after consultation and approval with the County Administrator, will determine whether further disciplinary action up to and including termination is required. Page 5 of 6 Responsibility for Compliance and Reporting Requirements All employees subject to this Policy shall be responsible for conducting themselves in accordance with the Policy and any Regulations adopted pursuant to the Policy. All employees subject to this Policy shall immediately report all accidents involving a County vehicle or occurring during the course of County business, to the supervisor, and shall adhere to the Accident Reporting Policy prescribed by the Risk Manager Division. All employees and volunteers subject to this Policy shall also immediately report the following to the supervisor, who shall consult with the department head as to appropriate action: • all license suspensions and revocations; • All traffic and motor vehicle related offenses and convictions. Accident Investigation Reference Risk Management Policy, Fleet Policy, GS003, Accidents. This policy is available on the County Intranet, Risk Management Page. Regulations In order to promote the purposes of this Policy, the County Administrator shall have the authority to promulgate and enforce Regulations consistent with this Policy, governing implementation of this Policy and prescribing additional requirements and procedures for the assignment, use and operation of vehicles in the course of the conduct of County business, for the investigation of accidents occurring during the course of the conduct of County business, and for the purpose of promoting vehicle safety. This Motor Vehicle Safety Policy shall not be construed to supersede or limit the Regulations governing personnel management, nor the authority of the County administration to take all actions necessary, including termination of employees, to promote the safe conduct of County business. Other Regulatory Requirements County operations shall be conducted in accordance with all Federal, State of Virginia and local laws and regulations pertaining to motor vehicles, including those applicable to employees possessing commercial driver's licenses. 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, NOVEMBER 13, 2012 RESOLUTION 111312 -6.f REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SYSTEM OF STATE HIGHWAYS, ROUTE 1876, SIERRA DRIVE, UPC 54216 -VDOT PROJECT # 1876- 080 -500, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the street(s) described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County depicting additions in the secondary system of state highways as a result of Project# 1876- 080 -500, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation add to the secondary system of state highways the facilities described on the attached Form AM -4.3, pursuant to §33.1 -229, Code of Virginia, and BE IT FURTHER RESOLVED, the Roanoke County Board of Supervisors guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by - the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A C Y TESTE: 40 eborah C. Jacks Clerk to the Board 0 /Upervisors cc: Arnold Covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 111312 -6.f adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote, on Tuesday, November 13, 2012. A Deborah L. JacKs Clerk to the Board o Page 2of2 ......................... ................ ..the_Cou...... Roanoke........ ............................... By resolution of the governing body adopted November 13, 2012 The following VDOT Form AM -4.3 is hereby attached and incorpor e as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official Report of Changes in the Secondary System of�Highways Project/Subdivision 1876- 080 -500,1 BI Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: VDOT Project Pursuant to Code of Virginia Statute: §33.1 -229 Street Name and /or Route Number Sierra Drive, State Route Number 1876 Old Route Number: 0 -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - • From: 0.19 MI SOUTH INT. WITH RT 1847 To: 0.22 MI SOUTH INT. WITH RT 1847, a distance of: 0.03 miles. Recordation Reference: N/A Right of Way width (feet) = VAR VDOT Form AM - 4.3 (4/20%2007) Maintenance Division Date of Resolution: November 13, 2012 Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION 111312 -6.g REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SYSTEM OF STATE HIGHWAYS, ROUTE 1849, SANTA ANITA TERRACE, UPC 54201 -VDOT PROJECT # 1849- 080 -500, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the street(s) described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County depicting additions in the secondary system of state highways as a result of Project# 1849- 080 -500; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation add to the secondary system of state highways the facilities described on the attached Form AM -4.3, pursuant to §33.1 -229, Code of Virginia; and BE IT FURTHER RESOLVED, the Roanoke County Board of Supervisors guarantees a clear and unrestricted right -of -way, as described and any necessary easements for cuts, fills and drainage. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A OURY TESTE: Deborah C. Jacks Clerk to the Board aupervisors cc: Arnold Covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 111312 -6.g adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote, on Tuesday, November 13, 2012. Deborah C. Jac s Clerk to the Board f Supervisors Page 2 of 2 --------------------------------- - - - - -- In_the y - Count--- Roanoke--------------------------------------- By resolution of the governing body adopted November 13, 2012 The following VDOT Form AM -4.3 is hereby attached and incorp at d as part of the governing body's resolution for changes in the secondary system of state highways. ; _ 101"1 A Copy Testee Signed (County Offici Report of Changes in the Secondary System of Sta e Highways Project/Subdivision 1849-080-500,1131, BI Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: VDOT Project Pursuant to Code of Virginia Statute: §33.1 -229 Street Name and /or Route Number Santa Anita Terrace, State Route Number 1849 Old Route Number: 0 • From: 0.21 MI WEST FROM INT. RT 1847 To: 0.24 MI WEST FROM INT. RT 1847, a distance of: 0.03 miles. Recordation Reference: N/A Right of Way width (feet) = VAR .'DOT Form AM -4.3 (4,2012007) Maintenance Division Date of Resolution: November 13, 2012 Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION 111312 -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 Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A C P TESTE: Deb rah C. Jack Clerk to the Board of Supervisors Page 1 of 1 ACTION NO. A- 111312 -8 ITEM NO. Q -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2012 AGENDA ITEM: Presentation from the U. S. Marine Corps Reserve Unit and the Marine Corps League and appropriation of $20,000 proceeds from the 17 annual Marine Mud Run SUBMITTED BY: Doug Blount Director of Parks, Recreation and Tourism APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In its 17 year, the Marine Corps Mud Run continues to be one of the Roanoke Valley's signature running and fundraising events. This event is one that draws the interest of many individual and its team competition has become popular with school groups, athletic teams, as well as teams made up of friends and neighbors. The event represents a long running partnership, lead by the Roanoke Valley Detachment 426 of the Marine Corps League with support from Marine Corps Reserve Unit, Company B, 4 th Combat Engineer Battalion, in cooperation with the Roanoke County Department of Parks, Recreation and Tourism and many other corporate sponsors. The beneficiaries of this event are the nationally recognized Marine Toys for Tots program and on the local level, Camp Roanoke. We are proud of our partnership with the Marines and look forward to working with them for years to come. This year's $20,000 contribution brings the total amount contributed over the years to $123,200. These funds will be used for facility improvements at the camp. A visit to Camp Roanoke will document the many improvements these funds have made over the years and with the current economy, these types of donations are more important than ever. The presentation will be made by Michael V. Shepherd - Commandant Marine Corps League Roanoke Valley Detachment #426, Robert McClelland - Adjutant / Paymaster from Marine Corps League, Capt. William Moorman - Inspector Instructor Bravo Company 4th Page 1 of 2 Combat Engineer Battalion, Inspector Instructor 1 st Sgt. Scott Peck - Bravo Company 4th Combat Engineer Battalion FISCAL IMPACT: The funds will be appropriated to the Camp Roanoke Fee Class Account for improvements at the camp. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the $20,000 contribution from the 17 annual Marine Corps League Mud Run to the Camp Roanoke Fee Class Account. VOTE: Supervisor Church moved to approve the staff recommendation. Motion approved. cc: Doug Blount, Director of Parks, Recreation and Tourism Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Doug Blount, Director of Parks, Recreation and Tourism Rebecca Owens, Director of Finance 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, NOVEMBER 13, 2012 ORDINANCE 111312 -9 GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY ON A 5.671 ACRES LOCATED AT 6900 WOOD HAVEN ROAD (TAX MAP NO. 26.19 -01- 16.00) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF JESUS THE REDEEMER CHURCH WHEREAS, Jesus the Redeemer Church has filed a petition for a special use permit for religious assembly to be located at 6900 Wood Haven Drive (Tax Map No. 26.19 -01- 16.00) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 5, 2012; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 23, 2012; the second reading and public hearing on this matter was held on November 13, 2012. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Jesus the Redeemer Church for religious assembly on 5.671 acres located at 6900 Wood Haven Drive in the Catawba Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2 -2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: a) The properties shall be developed in substantial conformity with the concept plan dated December 27, 2010, titled "Preliminary Site Page 1 of 3 Plan for Jesus the Redeemer Church, Roanoke County, Virginia ", prepared by Pierson Engineering & Surveying, subject to those changes which may be required by Roanoke County during comprehensive site plan review. b) All parking lot lighting shall be shielded "cut -off' types no more than eighteen (18) feet high and arranged so glare is not cast onto adjoining properties. c) The freestanding signage shall be monument style with a maximum height of seven (7) feet and a maximum width of thirteen (13) feet. d) A single row of small evergreen trees, as specified in Section 30 -92 of the Roanoke County Zoning Ordinance, shall be installed on the eastern side of the driveway adjoining the row of duplexes for approximately one hundred and seventy (170) feet. 2. 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 provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Church to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A CORY TESTE: Deborah C. Jacks Clerk to the Board Vsupervisors cc: Arnold Covey, Director of Community Development Page 2 of 3 Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Paul M. Mahoney, County Attorney Billy Driver, Director of Real Estate Valuation John Murphy, Zoning Administrator Page 3of3