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HomeMy WebLinkAbout6/11/2013 - RegularRoanoke County Board of Supervisors June 11, 2013 INVOCATION: Pastor Greg Irby Temple Baptist Church PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer. "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." Page 1 of 5 Roanoke County Board of Supervisors Agenda June 11, 2013 Good afternoon and welcome to our meeting for June 11, 2013. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.gov. Our meetings are closed- captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772 -2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of students at William Byrd High School: (a) Resolution of congratulations to the William Byrd High School Air Force JROTC for receiving First Place in the State Armed Exhibition Drill (b) Certificate of recognition to Michael Bryant, State AA Wrestling Champion D. BRIEFING Page 2 of 5 E. NEW BUSINESS 1. Request to authorize staff to work with financial advisors to obtain bids for refunding a portion of the 2003 General Obligation Bonds (Rebecca Owens, Director of Finance) 2. Resolution adopting a policy for Roanoke County Health Insurance (Rebecca Owens, Director of Finance) 3. Request to transfer $1.5 million from Health Insurance Reserve to the General Fund Unappropriated, Major Capital and Minor Capital (Rebecca Owens, Director of Finance) 4. Authorization to terminate the lease with B. Wayne Dunman and Rebecca J. Dunman (B. Clayton Goodman III, County Administrator) F. FIRST READING OF ORDINANCES 1. Ordinances: 1) Ordinance of the Board of Supervisors of the County of Roanoke, Virginia approving the lease financing of various capital projects for the County and authorizing the leasing of certain County -owned property, the execution and delivery of a Prime Lease and a Local Lease Acquisition Agreement and Financing Lease, and other related actions 2) Ordinance providing for the refunding of 2004 lease financing with Virginia Resources Authority 3) Ordinance authorizing an amendment to the fiscal year 2013 -2014 budget by the appropriation of $13,973,416 to finance various public facility projects (Paul M. Mahoney, County Attorney) 2. Ordinance authorizing the vacation of (1) a portion of an unimproved fifty foot (50') right -of -way designated as Circleview Drive, (2) a twenty foot (20') access easement to Stormwater Management Area, and (3) a Stormwater Management easement (plat of Suncrest Heights, Section 3, Plat Book 13, Page 165) and accepting the dedication of 0.117 acre for the completion of a cul -de -sac at the end of Circleview Drive and a public drainage easement as shown on a plat entitled "Resubdivision Plat from records for John A. Hall & Company, Inc. and Kent S. Greenawalt Revocable Trust ", located in the Cave Spring Magisterial District (Arnold Covey, Director of Community Development) Page 3of5 G. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance to accept the conveyance of the old William Byrd High School (Tax Map #60.11 -4.17 and 60.11 -11 -4.20 and the Roland E. Cook Elementary School (Tax Map #60.16- 09 -40) from the Roanoke County School Board to the Board of Supervisors (Paul M. Mahoney, County Attorney) H. APPOINTMENTS 1. Board of Zoning Appeals (appointed by District) 2. Capital Improvement Program (CIP) Review Committee (appointed by District) 3. Parks, Recreation and Tourism Advisory Commission (appointed by District) I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes — May 28, 2013 2. Request to approve the Fiscal Agent Agreement with the Regional Center for Animal Control and Protection 3. Adoption of revised Parks, Recreation and Tourism Advisory Commission Bylaws 4. Confirmation of appointment to the Clean Valley Council; Board of Zoning Appeals (appointed by District) J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves Page 4 of 5 3. Reserve for Board Contingency N. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Richard C. Flora 2. Joseph B. "Butch" Church 3. Eddie "Ed" Elswick 4. Charlotte A. Moore 5. Michael W. Altizer O. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2- 3711.A.1, Personnel, namely discussion concerning an appointment to the Court Community Corrections Program Regional Community Criminal Justice Board 2. Section 2.2- 3711.A.7, Consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, G &H Construction, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body P. CERTIFICATION RESOLUTION Q. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. C- 1(a)(b) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 11, 2013 AGENDA ITEM: Recognition of students at William Byrd High Scheel: (a) Resolution of congratulations to the William Byrd High School Air Force JROTC for receiving First Place in the State Armed Exhibition Drill (b) certificate of recognition to Michael Bryant, State AA Wrestling Champion SUBMITTED BY: Deborah C. Jacks Clerk to the Board of Supervisors APPROVED BY: B. Clayton Goodman III County Administrator War COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The William Byrd High School ROTC received First Place in the State Armed Exhibition Drill. SMSgt. Paul Richardson of the AFJROTC is expected to attend to accept the resolution as well as members of the team and their families. In addition, a certificate of Recognition will be awarded to Michael Bryant, State AA Wrestling champion. Michael and his family are to be joined by the coaches and Dr. Turner. 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, JUNE 11, 2013 RESOLUTION OF CONGRATULATIONS TO THE WILLIAM BYRD HIGH SCHOOL AIR FORCE JROTC FOR RECEIVING FIRST PLACE IN THE STATE ARMED EXHIBITION DRILL WHEREAS, team events are an important part of the curriculum at schools in Roanoke County teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the William Byrd High School Air Force JROTC won the 2013 State Armed Exhibition Drill in Richmond, Virginia on April 27, 2013. WHEREAS, Armed Exhibition Drill is one of six events at the Air Force JROTC State Drill Championship in which the team is required to develop their own drill routine within strict parameters; and WHEREAS, this Drill Team is judged on originality, execution as a team, appearance standards, military bearing and difficulty of their maneuvers; and WHEREAS, the William Byrd High School Air Force JROTC is coached by SMSgt. Paul Richardson. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the members of the WILLIAM BYRD HIGH SCHOOL AIR FORCE JROTC: Michael Adams, Justin Creasy, Justin Fix, James Hodges, Matthew King, Kwame Legans, Sean Schwallenberg, Tucker Solander and Katelyn Townley for receiving First Place in the State Armed Exhibition Drill; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to the members of the team, the coaches and the school in their future endeavors. Page 1 of 1 ACTION NO. ITEM NO. E -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE'I•ING DATE: June 11, 2013 AGENDA ITEM: Request to authorize staff to work with financial advisors to obtain bids for refunding a portion of the 2003 General Obligation Bonds SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: B. Clayton Goodman III County Administrate COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke contracts with Raymond James & Associates, Inc., to provide financial advisory services. Annually staff works with our financial advisors to review the County's outstanding debt for potential refunding opportunities. Based on this review and current market conditions, the County has the opportunity to refund a portion of the 2003 General Obligation Bonds. These bonds were originally used for various County projects. The current estimate of savings is approximately $525,000. As has been previously done, the refunding will provide the opportunity of funds for much needed capital while reducing the interest costs and leaving the final maturity the same. As reviewed with the Board at the May 28, 2013, work session, the recommended use of savings is the replacement of two refuse collection vehicles, a critical operational need that was not able to be addressed during previous budget development and significantly impact County operations. Upon your approval, staff will work with Financial Advisors, Raymond James and Associates to obtain bids for the refunding. Information obtained from the bid process will be brought back to the Board in July 2013 for approval and appropriation. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends authorizing staff to work with Financial Advisors, Raymond James and Associates, to obtain bids for the refunding of a portion of the 2003 General Obligation Bonds. Page 2 of 2 ACTION NO. ITEM NO. E -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROAN OKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 11, 2013 AGENDA ITEM: Resolution adopting a policy for Roanoke County Health Insurance SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: B. Clayton Goodman III County Administrator3 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: One of the measures of a fiscally well managed local government is the adoption of formal fiscal policies. Local governments (plan sponsors) sponsoring health plans face challenges in providing stable, sustainable health -care benefits. Plan sponsors need to find ways to manage the costs of their health -care plans within the organization's financial framework and structure in order to be more efficient while continuing to offer a slate of health -care benefits that allows the County to be competitive in the marketplace. This policy will establish guidelines to provide affordable health insurance coverage to all eligible employees that would like to participate, and to qualified retirees while maintaining health reserves. The County wishes to contain the costs of the benefit plan while simultaneously promoting a healthy workforce. FISCAL IMPACT: This policy will formalize what the County has done for years, contain our liability related to other post - employment benefits as impacted by the Affordable Care Act, and ensure adequate reserves. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends adopting the attached resolution which establishes the Roanoke County Health Insurance Policy. 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, JUNE 11, 2013 RESOLUTION ADOPTING A POLICY FOR ROANOKE COUNTY HEALTH INSURANCE WHEREAS, one of the measures of a well- managed locality is the adoption of formal policies; and WHEREAS, the Board of Supervisors recognizes the need to provide affordable health insurance coverage; and WHEREAS, it is important to the Board of Supervisors to contain costs of the benefit plan while simultaneously promoting a healthy workforce and maintain adequate reserves. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows; 1. That the policy for County Health Insurance is hereby adopted as follows; and 2. That this policy shall be in effect for fiscal year 2012 -2013, and the subsequent fiscal years unless otherwise amended by the Board of Supervisors Page 1 of 4 County of Roanoke, Virginia Policy for County Health Insurance I. Background Sponsors of public- sector health plans face challenges in providing stable, sustainable health -care benefits. Plan sponsors need to find ways to manage the costs of their health -care plans within the organization's financial framework and structure in order to be more efficient while continuing to offer a slate of health -care benefits that allows the County to be competitive in the marketplace. II. Purpose This policy will establish guidelines to provide affordable health insurance coverage to all eligible employees that would like to participate, and to qualified retirees. The County wishes to contain the costs of the benefit plan while simultaneously promoting a healthy workforce. III. Policy Guidelines for Health Insurance 1. Guidelines for the purchase of employee health insurance. The County has determined the following are in the best interest of providing affordable health insurance: a. The County is self- insured for health insurance, and bids the administration and excess coverage of the insurance every 3 -5 years. b. The County purchases health insurance administration and excess coverage in a group that includes the Roanoke County Schools and entities for which the County serves as fiscal agent. The County will continue to participate in this group purchase, as long as it is beneficial. c. The County contracts with an independent health insurance consultant. This consultant assists the County in bidding the health insurance package every 3 -5 years. In non - bidding years, the consultant assists in negotiating renewal contracts with the existing vendor. The consultant also helps as needed to evaluate new programs or other matters involving health insurance. Page 2 of 4 2. Keep medical plan costs for County, Schools, et al, below the excise tax throchnlrl a. On an annual basis, a committee composed of employees from Roanoke County, Roanoke County Schools, the WVRJA and the RVRA meet with our insurance consultant to decide what changes will be made in the health insurance benefits and rates. b. Review any changes required by federal or state legislation. c. Review the increase in the cost of health insurance over the previous year. d. Make plan design changes such that the excise threshold will not be exceeded. These changes include: i. Reducing benefits ii. Increasing co -pays or deductibles iii. Reviewing the excess coverage levels e. The County will evaluate the long -range sustainability of any benefit changes before adopting the change. f. The cost sharing arrangements shall be structured to give the employees a stake in lower costs. 3. Wellness Initiatives. The County supports a wellness program with established goals of helping employees lead healthier lives and the County to stabilize healthcare costs. Aspects of the initiative may include an onsite employee health center, biometric screenings, health risk assessments, and educational sessions. The County will partner with a third party business associate to operate the health center and wellness program and will offer an incentive to encourage participation. Page 3of4 4. Establishment of Health Insurance Reserves The County believes that sufficient reserves must be established to fund the self- insured program. The County has set the level of the Reserves as follows: a. An adequate and healthy reserve should allow funding for the following i. Claims incurred but not reported ii. Self- insure for an aggregate risk level of 115% iii. Adverse claim fluctuations, sharp rate increases and uncertainty in the market iv. Health Care Reform v. Wellness Program b. Based on the above, the current level of needed health insurance reserves is set at an amount recommended by an independent consultant providing an expert opinion on the level of funding required. c. The level of the health insurance reserve will be reviewed on an annual basis during the budget process. Page 4 of 4 ACTION NO. ITEM NO. E -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE'rING DATE: June 11, 2013 AGENDA ITEM: Request to transfer $1.5 million from Health Insurance Reserve to the General Fund Unappropriated, Major Capital and Minor Capital SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke and Roanoke County Public Schools participate in a joint health insurance program for eligible employees. The Roanoke Valley Resource Authority (RVRA), and the Western Virginia Regional Jail Authority (WVRJA) also participate in our plan. This medical plan is self- funded with reinsurance coverage to protect the financial risk assumed. Under the current contract, reinsurance is composed of specific stop loss. The specific stop loss threshold is $200,000. Specific reinsurance protects the plan from any catastrophic claims paid on a member during the plan year. There are no annual or lifetime maximum limits for the plan as we have negotiated unlimited stop loss protection. Over the past several years the health insurance reserves have increased as a result of premiums set at an aggregate limit of 105 %, lower claims experiences and transfer of unused health budgets to reserves. At the May 28, 2013, Board meeting during a work session a presentation on the health insurance reserves was made to the Board. Staff reviewed the expert opinion from Ms. Claire Holbrook, Senior Vice President of Wells Fargo Insurance Services recommending the County hold anywhere from $4.0 to $4.2 million in the health insurance reserve for next year. An adequate and healthy reserve should allow funding for the following: Page 1 of 2 • Claims incurred but not reported (IBNR) • Aggregate risk level (115 %) • Adverse claim fluctuations, sharp rate increases, and uncertainty in the market • Health care reform • Wellness Clinic After a review of the information presented and discussion, the Board indicated a reserve in the amount of $5 million continued to bean appropriate amount. This was mainly in part due to the County funding a wellness program and several years of budget increases from the reserve. Discussion among the Board for use of the excess funds, ranged from putting the funds towards other projects, to transferring $1.5 million from health insurance reserves and allocating $500,000 to General Fund Unappropriated, $500,000 to Major Capital and $500,000 to the Minor Capital, to leaving the funds in the health reserve for uncertainty of the costs associated with the Affordable Care Act. FISCAL IMPACT: Health insurance reserves are projected to be at approximately $5 million at June 30, 2013, after transferring $1.5 million to the General Fund and Capital Fund. The General Fund Unappropriated balance w i l l increase to $21,072,318, which is 10.96% of 2012 -2013 General Fund revenues. The County's policy goal is 11 %. The Minor and Major Capital will increase by $500,000 each. No appropriation is required as this transaction is merely re-allocating funds from one reserve to another. Board action and appropriation will be required at a later time when there is a request to spend the funds. AL'rERNATIVES: 1. Transfer $1.5 million from the health insurance reserves and allocate $500,000 to the General Fund Unappropriated balance, $500,000 to the Major Capital and $500,000 to the Minor Capital reserves. 2. Transfer $1.5 million from the health insurance reserves and put toward other projects as defined by the Board. 3. Do not transfer any funds out of the health insurance reserve. STAFF RECOMMENDATION: Staff recommends, alternative 1, transferring $1.5 million from the health insurance reserves and allocating $500,000 to the General Fund Unappropriated balance, $500,000 to the Major Capital and $500,000 to the Minor Capital reserves. Page 2 of 2 4� A-0 TOM � M •� r O O a N � M A-+ r V ' N_ �O O a N 00 O N M Iq cD N ti M N O (D Ln O Ln ti Ln M CD N 00 Iq O N _ N N C: tQ r qq O O r O j Q r O N E O O M O L- O M O ' n O M o a) O V (� O a cn a) _ r r O O f` a CD N >� U O C3) c - O CF) O :3 00 C3) U � O I` I` O f` M Co N N Co Lid f` m 00 Lid 00 a) I f` Lid 00 O N M Iq cD N ti M N O (D Ln O Ln ti Ln M CD N 00 Iq O N O Lo N m O Iq qq Iq O Iq O � O (3) E N O M O M O M O ' Lo O M N 00 O V ' V- O O f` 00 N 00 (D O C3) (3) O CF) O Iq 00 C3) (D Ln O I` I` O f` M Co N N Co Lid f` f` 00 Lid 00 f` Lid O Lid C4 N N N — 00 O Lo N (3) ti N Cn N O N (D N O (3) � N 00 00 00 O 00 ' Lo O M N 00 I- O ' O O O U 0) 00 N 00 (D N N N O N CF) 00 C3) (D Ln M 00 00 Lo M M N N M � M (D N (D f` t6 O 00 O C4 Lo cu Lo C4 L : U) Cl) cn (D f` 00 Lo N (3) (D Lo � � N M CO 00 0') � cn E f` (D CO f` O ' 00 N cM N J N — N O N O U co (3) Cfl N N 00 U M O CD U U 00 N N 00 Iq C3) (D M N M 00 O M > U N Co � Iq O a� 00 ti 00 f` Lid O O O Lid ca m cn U — a f` M Iq 00 Lid � L Lo (3) Lo U. C4 O Iq (D M CF) (D I` (D M Lid N f` N I` M ' ' N Iq O Iq M I` Lo qq 00 r N 70� V- CF) CO M V N Lo O r- (L) 3: (3) (n O (D co M 00 CF) N � N 00 Iq Iq C4 0- m � � N qq O M O O O t� O N N N — Cn Cn Cn N N N N O 4-- U U U N N N N N � � C= C= N t6 O O t6 (D cu L : U) Cl) cn N cn 4 U s= C= cn E U (� O N L- cn E .. V� C : ±� ±� = ' — J N — N O U ca a� m a� m a� (� a� U cn U U a� a) - 0 > a) > U .. 4-1 a) � a� a� a� U s= O O O ca m cn U — a EL cn a� s i� 4 - � L N U. o v E E E� C ° m 4- a� a� a� 1 L — > _ i O __ __ 70� N ' � � N t3, m (L) 3: (L) M (n m :3 � M: O = cn � Cl) 0- m � ACTION NO. ITEM NO. E -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 11, 2413 AGENDA ITEM: SUBMITTED BY: Request to authorize the termination of a the lease with B. Wayne Dunman and Rebecca J. Dunman B. Clayton Goodman KI County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is a request to authorize the early termination of a lease between the Board of Supervisors of Roanoke County and B. Wayne Dunman and Rebecca J. Dunman t/a Dunman Floral Supply, Inc. (Tenant). To accomplish this early termination it is necessary to compensate the Tenant. On June 28, 2411, the Board adopted Ordinance #442811 -14, which authorized the lease of 4.741 acre and 1.24 acres located 344 Pollard Street, Vinton, Virginia to the Tenant for one (1) year beginning August 1, 2411, with automatic renewals for two (2) additional one (1) year terms, unless the Tenant notified the County of its intention not to renew. After the third (3rd) annual lease term the County could notify the Tenant of its intention not to renew the lease. The Tenant pays the County $45,444 per year as rent. The County and the Town of Vinton desire to accelerate the construction of the proposed new library. The County Administrator has negotiated an early termination of this lease with the Tenant. The Tenant is requiring the payment of $60,000 to terminate this lease. Staff believes it is beneficial to have the tenant relocated by August 31, 2413, in order that the Vinton Library Project can proceed with an aggressive schedule. Like the Olenvar Library Project, County staff is recommending that the building and site demolition be scheduled separately from building construction. It would be scheduled for late fall, 2413. This will allow the project to move forward to the construction phase by February, 2414. The current schedule indicates bidding on January 1 of 2414 and construction beginning in mid - February of 2414. This same schedule indicates a final Page 1 of 2 construction inspection (project completion) of June 15, 2015. This is the current project schedule and is subject to change due to ongoing design and other work on the project. FISCAL IMPACT: The Tenant is requiring the payment of $60,000 to terminate this lease. The Town of Vinton has agreed to pay $20,000, if the County pays the remaining $40,000. The County projects that it will have $40,000 available in the Vinton Library Project to cover this cost. It is anticipated that the County will receive the $20,000 from the Town of Vinton, so that we can provide one check to Mr. Dunman for the termination of this lease. Once the funds are received from the Town of Vinton, a Board report will be completed to appropriate the funds. Staff has reviewed the construction cost index to determine the present value of accelerating the construction of this library. The current annual index is +2.3 %. The County's anticipated construction cost for Vinton Library is $5.5 million for the building only, so an eighteen (118) month delay at +2.3% would yield a conservative estimate of a cost increase of $193,200. If the +2.3% increase is applied to the entire project (such as furnishings, demolition, etc.) then a total project increase of $309,545 is estimated. Borrowing costs due to possible increases in interest rates could also increase total project costs. An expenditure of $60,000 that allows work to start eighteen (18) months earlier than would otherwise be the case is clearly justifiable from a cost perspective. STAFF RECOMMENDA'rION: Staff recommends that the Board consider authorizing the early termination of the lease with B. Wayne Duriman and Rebecca J. Dunman and providing a payment of $40,000 from the Vinton Library Project. Page 2 of 2 ACTION NO. ITEM NO. F- 1.(1)(2)(3) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMIT'rED BY: APPROVED BY: June 11, 2013 Ordinances: 1) Ordinance of the Board of Supervisors of the County of Roanoke, Virginia approving the lease financing of various capital projects for the County and authorizing the leasing of certain Roanoke County -owned property, the execution and delivery of a Prime Lease and a Local Lease Acquisition Agreement and Financing Lease, and other related actions 2) Ordinance providing for the refunding of 2004 lease financing with Virginia Resources Authority 3) Ordinance authorizing an amendment to the fiscal year 2013 -2014 budget by the appropriation of $'13,973,410 to finance the various public facility projects Paul Mahoney CoLl my Attorney B. Clayton Goodman III County Administratort�$ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On May 14, 2013 and May 28, 2013, the Board of Supervisors held work sessions on the County's Capital Improvements Program Tier 1 Priority Projects and recommended funding for the following projects: • Replacing fuel tanks at Kessler Mill Road (one 10,000 gasoline tank and two 10,000 gallon diesel tanks, new wiring and electronics) • Purchasing replacement generators at four or five fire stations • Installing sports field lighting (3 fields at Shell Park, 2 fields at Arnold R. Burton, and 1 field at Merriman Soccer complex) • Making necessary repairs to the Social Services building (including roof replacement, HVAG system replacement and parking lot repairs) • Funding the construction of a new library in the Town of Vinton Page 1 of 5 • Replacement of Integrated Financial System The fiscal policies adopted by the Board have worked well, and allow us the opportunity to proceed with these needed capital projects now, while interest rates are low. The County recommends funding the projects by the following means: • Reallocating funds from various other completed projects • Appropriating funds from Major and Minor Capital Accounts • Appropriating funds from Salem Bank and Trust Fund • Appropriating lease proceeds • Appropriating funds from the Town of Vinton • Appropriating funds from the City of Salem • Appropriating funds from a refunding and bond proceeds through Virginia Resources Authority Bond Issue through Virginia Resources Authority Roanoke County proposes to build a new one -story branch library of approximately 20,000 ( + / -) square feet on a combined two (2) -acre parcel at 304 S. Pollard Street, in the Town of Vinton, Virginia. The estimated cost is $9 million. The lot is zoned CB (Central Business District) and constitutes an entire city block, with four (4) street frontages. The project includes the demolition of an existing approximate 27,000 square foot building originally constructed for use as a grocery store. The County has already appropriated $567,900 to the Vinton Library project. Another $463,750 will be appropriated from the Town of Vinton and lease proceeds. This leaves a balance of $7,968,350 plus issuance costs to be financed through a bond sale. A reimbursement resolution was approved by the Board at the October 23, 2012, meeting. Based on the Boards direction to staff to bring this item back for all approvals at its meetings in June, staff recommends participating in the summer pool of the Virginia Resources Authority (VRA). Participation in the summer pool will allow us to meet the Board's timeline while taking advantage of the low interest rates and realize savings on bond issuance costs. It should be noted that since we are issuing bonds earlier than when we need the proceeds for the project, the cost associated for this over the life of the bonds is approximately $154,092. The attached ordinance authorizes the approval of the Prime Lease to VRA, the Financing Lease (leasing by the County of the property), and the Local Lease Acquisition Agreement. This lease will secure the borrowing of funds from the VRA to construct a new library in the Town of Vinton. The lease of Roanoke County real estate and lease -back from the VRA requires the adoption of an ordinance under the County Charter. Page 2 of 5 The ordinance authorizes the sale of up to $8,795,000 million of bonds, a true interest cost not to exceed four percent (4 %), and a term to maturity not to exceed twenty (20) years. This is a maximum amount, so that the underwriters will have the flexibility to price the bonds to achieve the lowest, net cost to the County. As part of the joint capital plan that the County and School have had in place since 2005, the County has the opportunity to borrow funds on every third year. This plan provides a mechanism to pay for the debt without adding any tax burden to the taxpayer. The plan allows for principal and interest payments of $871,850 beginning in 2014 -2015. The County will capitalize interest for any payments due until July 1, 2014, after which time funds will be included in the budget annually from the future debt service fund. Debt service on the proposed bond amount is projected to be $578,000 approximately; however this will be dependent on market conditions at the time of the sale and final amortization schedules provided by VRA. The County's obligation to make payments to VRA under the Financing Lease is subject to annual appropriations by the Board, and does not constitute a pledge of the full faith and credit or taxing power of the County. The County's debt policy established parameters for issuing debt and managing outstanding debt. The County does not have any Constitutional or Statutory Debt Limits. The County does abide by self- imposed debt targets. The proposed bond issue in the amount of approximately $8.2 million will allow the County to stay well within it limits of the County debt policy approved by the Board. Advance Refunding through Virginia Resources Authority 2004 Bonds The County of Roanoke works with Financial Advisors, Raymond James & Associates, Inc., annually to review the County's outstanding debt for potential refunding opportunities. Based on this review and current market conditions, the County has the opportunity to refund the 2004 lease revenue bonds through Virginia Resources Authority (VRA). These bonds were originally issued through VRA to finance the Public Safety Center. The current estimate of savings is approximately $2.6 million with savings in the 2014 through 2018 year. As has been previously done, the refunding will provide the opportunity of funds for much needed capital while reducing the interest costs and leaving the final maturity the same. Saving in the 2013 -2014 fiscal year will be appropriated in this report and all future year savings will be appropriated through the budget process. As reviewed with the Board at the May 28, 2013, work session, the recommended use of these funds is an excellent opportunity to address an additional Tier One capital project that currently has no identified funding source (Integrated Financial System replacement), which significantly impact County operations. While this advance refunding may have negative arbitrage of approximately $426,308, the advance refunding provides for a present value of savings of 14.8 %. Negative arbitrage is an opportunity cost that occurs when the interest rate a borrower pays on its debt is higher Page 3of5 than the interest rate the borrower earns on the money used to pay the debt. Currently most professionals would consider eight to nine percent (8 to 9 %) the appropriate range for a refunding opportunity. The attached ordinance provides for the refunding of the 2004 Lease Financing with Virginia Resources Authority. Appropriation of Funds: As was discussed above, County staff recommended that these projects be funded by a variety of means and now requires the following appropriations: $ 13,973,416 $ 13,973,416 This ordinance amends the 2013 -2014 budget appropriation ordinance in order to finance various public facility projects. This budget appropriation ordinance requires a public hearing because it exceeds one percent (1 %) of the total County budget. Section 15.2 -2507 of the Code of Virginia provides that locality may amend its budget to adjust the aggregate amount appropriated; however, any such amendment which exceeds one percent (1 %) of the total expenditures in the adopted budget must be accomplished by publishing a notice of a meeting and a public hearing in the newspaper. Notice of this was published in the Roanoke Times on June 11, 2013, and June 18, 2013 Page 4 of 5 Amount Amount of source Project Appropriated Source of Funds of funds Fuel Storage Tanks 250,000 From Merriman Roundabout 200,000 From South County Library 50,000 Fire and Rescue Generators 928,000 From Merriman Roundabout 928,000 P & R Sports Field Lighting 750,000 From South County Library 522,000 From Minor Capital 228,000 Social Services 3,000,000 From Salem City 500,000 From Salem Bank and Trust Fund 1,000,000 From Major Capital 938,161 From Minor Capital 561,839 Library 8,682,100 2013 Bond Issue -VRA 8,218,350 Town of Vinton 377,500 Lease Proceeds 86,250 Integrated Financial System 363,316 2004 VRA Refunding 363 $ 13,973,416 $ 13,973,416 This ordinance amends the 2013 -2014 budget appropriation ordinance in order to finance various public facility projects. This budget appropriation ordinance requires a public hearing because it exceeds one percent (1 %) of the total County budget. Section 15.2 -2507 of the Code of Virginia provides that locality may amend its budget to adjust the aggregate amount appropriated; however, any such amendment which exceeds one percent (1 %) of the total expenditures in the adopted budget must be accomplished by publishing a notice of a meeting and a public hearing in the newspaper. Notice of this was published in the Roanoke Times on June 11, 2013, and June 18, 2013 Page 4 of 5 STAFF RECOMMENDATION: Staff recommends approving the first reading of an ordinance authorizing: 1. The lease financing of various capital projects for the County and authorizing the leasing of certain County -owned property, the execution and delivery of a Prime Lease and a Local Lease Acquisition Agreement and Financing Lease, and other related actions 2. The refunding of 2004 lease financing with Virginia Resources Authority 3. An amendment to the fiscal year 2013 -2014 Budget by the appropriation of $13,973,416 to finance the various public facility projects The second reading and public hearing is scheduled for June 25, 2013. Page 5of5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 11, 2013 ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA APPROVING THE LEASE FINANCING OF VARIOUS CAPITAL PROJECTS FOR THE COUNTY AND AUTHORIZING THE LEASING OF CERTAIN COUNTY -OWNED PROPERTY, THE EXECUTION AND DELIVERY OF A PRIME LEASE AND A LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE, AND OTHER RELATED ACTIONS WHEREAS, the Board of Supervisors (the "Board ") of the County of Roanoke, Virginia (the "County "), intends to finance all or a portion of the costs (or to reimburse the County for payment of such costs) of various capital improvements, including the construction of a new public library in the Town of Vinton, Virginia (the "Project "); WHEREAS, the Board has determined that it is in the best interest of the County to enter into a lease arrangement in order to obtain funds to finance the Project; WHEREAS, the Board is authorized, pursuant to Section 15.2 -1800 of the Code of Virginia of 1950, as amended, to lease any improved or unimproved real estate held by the County; WHEREAS, the first reading of this ordinance was held on June 11, 2013 and the second reading and public hearing was held on June 25, 2013; WHEREAS, Virginia Resources Authority ( "VRA ") intends to issue its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2013B (the "VRA Bonds "), and to provide a portion of the proceeds to the County to finance the Project pursuant to the terms of a Local Lease Acquisition Agreement and Financing Lease (the "Financing Lease "), between the County and VRA; Page 1 of 9 WHEREAS, the County will enter into a Prime Lease (the "Prime Lease ") with VRA whereby the County will lease certain real estate, which may include any or all of the parcel or parcels of real estate on which the Project is located or on which the County's public safety building is located, as may be required by VRA (the "Real Estate ") and the associated improvements and property located thereon (the "Improvements") to VRA; WHEREAS, the County will enter into the Financing Lease with VRA pursuant to which VRA will lease the Real Estate and the Improvements back to the County and the County will make rental payments corresponding in amount and timing to the debt service on the portion of the VRA Bonds issued to finance the Project (the "Rental Payments "); WHEREAS, pursuant to the Financing Lease the County will undertake and complete the Project; WHEREAS, the County intends to pay the Rental Payments out of appropriations from the County's General Fund; WHEREAS, the Financing Lease shall indicate that approximately $8,218,350 (or such other amount as requested by the County and approved by VRA prior to the pricing of the VRA Bonds) is the amount of proceeds requested (the "Proceeds Requested ") from VRA; WHEREAS, VRA's objective is to pay the County an amount which, in VRA's judgment, reflects the market value of the Rental Payments under the Financing Lease (the "VRA Purchase Price Objective "), taking consideration of such factors as the purchase price to be received by VRA for the VRA Bonds, the issuance costs of the Page 2of9 VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA (collectively, the "VRA Costs ")) and other market conditions relating to the sale of the VRA Bonds; WHEREAS, such factors may result in the County receiving an amount other than the par amount of the aggregate principal components of the Rental Payments under the Financing Lease and consequently (i) the aggregate principal components of the Rental Payments under the Financing Lease may be greater than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized aggregate principal components of the Rental Payments under the Financing Lease set forth in paragraph 4 of this Ordinance does not exceed the Proceeds Requested by at least the amount of the VRA Costs and any original issue discount, the amount to be paid to the County, given the VRA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; WHEREAS, the Prime Lease and the Financing Lease are referred to herein as the "Documents." Copies of the Documents are on file with the County Administrator. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Approval of Lease - Leaseback Arrangement The lease- leaseback arrangement with VRA to accomplish the financing of the Project is hereby approved. The County Administrator is authorized to determine the Real Estate and Improvements, as may be required by VRA, to be subject to the lease- leaseback arrangement. Page 3of9 2. Approval of Prime Lease The leasing of the Real Estate and the Improvements by the County, as lessor, to VRA, as lessee, pursuant to the terms of the Prime Lease is hereby approved. 3. Approval of the Financing Lease The leasing of the Real Estate and the Improvements by VRA, as lessor, to the County, as lessee, pursuant to the terms of the Financing Lease is hereby approved. 4. Approval of the Terms of the Rental Payments The Rental Payments set forth in the Financing Lease shall be composed of principal and interest components reflecting an original aggregate principal amount not to exceed $8,795,000, a true interest cost not to exceed 4.00% per annum (taking into account any original issue discount or premium) and a term not exceeding twenty (20) years from the date of the closing of the VRA Bonds. It is determined to be in the best interest of the County to accept the offer of VRA to enter into the Financing Lease with the County for an amount determined by VRA to be fair, subject to the conditions set forth in this Ordinance, which Financing Lease shall be executed by the Chairman of the Board (the "Chairman ") and the County Administrator, or either of them. Given the VRA Purchase Price Objective and market conditions, it may become necessary to enter into the Financing Lease with aggregate principal components of the Rental Payments greater than the Proceeds Requested. If the limitation on the maximum aggregate principal components of Rental Payments on the Financing Lease set forth in this paragraph 4 restricts VRA's ability to generate the Proceeds Requested, taking into account the VRA Costs, the VRA Purchase Price Page 4 of 9 Objective and market conditions, the County Administrator is authorized to accept a purchase price for the Bond at an amount less than the Proceeds Requested. The Financing Lease, in substantially the form presented to this meeting, is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Ordinance as may be approved by the Chairman or the County Administrator. The Chairman and the County Administrator, either of whom may act are hereby authorized and directed to enter into the Financing Lease. The actions of the Chairman and the County Administrator in accepting the final terms of the Rental Payments shall be conclusive, and no further action shall be necessary on the part of the Board. 5. Other Payments under Financing Lease The County agrees to pay all amounts required by the Financing Lease, including any amounts required by Section 5.1(b) of the Financing Lease, including the "Supplemental Interest," as provided in such section. 6. Execution and Recordation of Documents The Chairman and the County Administrator, either of whom may act, are authorized and directed to execute the Documents and deliver them to the other parties thereto. The Chairman and the County Administrator, either of whom may act, are further authorized to cause the Prime Lease and the Financing Lease, to be recorded in the Clerk's Office of the Circuit Court of Roanoke County. 7. Form of Documents The Documents shall be in substantially the forms on file with the County Administrator, which are hereby approved with such completions, omissions, insertions and changes as may be approved by the Chairman and the Page 5of9 County Administrator, either of whom may act, with the execution and delivery of the Documents by the Chairman and /or the County Administrator constituting conclusive evidence of the approval of any such completions, omissions, insertions, and changes. 8. Essentiality of the Project and Real Estate The Project, the Real Estate and the Improvements are hereby declared to be essential to the efficient operation of the County, and the County anticipates that the Project, the Real Estate and the Improvements will continue to be essential to the operation of the County during the term of the Financing Lease. 9. Annual Budget While recognizing that it is not empowered to make any binding commitment to make Rental Payments and any other payments required under the Financing Lease beyond the current fiscal year, the Board hereby states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boards do likewise during the term of the Financing Lease. The Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to include in the budget request for each fiscal year during the term of the Financing Lease an amount sufficient to pay the Rental Payments and all other payments coming due under the Financing Lease during such fiscal year. If at any time during any fiscal year of the County throughout the term of the Financing Lease, the amount appropriated in the County's annual budget in any such fiscal year is insufficient to pay when due the Rental Payments and any other payments required under the Financing Lease, the Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to submit to the Board at the Page 6of9 next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. 10. Rental Payments Subject to Appropriation The County's obligation to make the Rental Payments and all other payments pursuant to the Financing Lease is hereby specifically stated to be subject to annual appropriation therefor by the Board, and nothing in this Ordinance or the Documents shall constitute a pledge of the full faith and credit nor taxing power of the County or compel the Board to make any such appropriation. 11. Disclosure Documents The County authorizes and consents to the inclusion of information with respect to the County to be contained in VRA's Preliminary Official Statement and VRA's Official Statement in final form, both to be prepared in connection with the sale of the VRA Bonds. If appropriate, such disclosure documents shall be distributed in such manner and at such times as VRA shall determine. The County Administrator is authorized and directed to take whatever actions are necessary and /or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2 -12. 12. Tax Documents The County Administrator and the Director of Finance, either of whom may act, is authorized to execute a Nonarbitrage Certificate and Tax Compliance Agreement and /or any related document (the "Tax Documents ") setting forth the expected use and investment of the proceeds of the VRA Bonds to be received pursuant to the Documents and containing such covenants as may be necessary in order for the County and /or VRA to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code "), with respect to the VRA Bonds and the Page 7of9 Documents including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds." The County covenants that the proceeds of the VRA Bonds to be received pursuant to the Documents will be invested and expended as set forth in the Tax Documents, to be delivered simultaneously with the issuance and delivery of the Financing Lease and that the County shall comply with the other covenants and representations contained therein. 13. Other Actions All other actions of the officers of the County in conformity with the purpose and intent of this Ordinance are hereby approved and confirmed. The officers of the County are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the execution and delivery of the Documents. 14. SNAP Investment Authorization The County has heretofore received and reviewed the Information Statement (the "Information Statement ") describing the State Non - Arbitrage Program of the Commonwealth of Virginia ( "SNAP ") and the Contract Creating the State Non - Arbitrage Program Pool I (the "Contract "), and the County has determined to authorize the Director of Finance to utilize SNAP in connection with the investment of the proceeds of the lease- leaseback transaction if the Director of Finance determines that the utilization of SNAP is in the best interest of the County. The Board acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the contract creating the investment program rm� Page 8of9 15. Effective Date This Ordinance shall take effect immediately. Page 9of9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 11, 2013 ORDINANCE PROVIDING FOR THE REFUNDING OF 2004 LEASE FINANCING WITH VIRGINIA RESOURCES AUTHORITY WHEREAS, on June 1, 2004, the County of Roanoke, Virginia (the "Local Government ") entered into a Financing Lease (the "Original Financing Lease "), with Virginia Resources Authority ( "VRA"), and VRA acquired the Original Financing Lease pursuant to a Local Lease Acquisition Agreement dated as of June 16, 2004, between VRA and the Local Government; WHEREAS, VRA acquired the Original Financing Lease with a portion of the proceeds of one of the series of VRA's Virginia Pooled Financing Program Bonds (the "VRA VPFP Bonds "); WHEREAS, VRA has advised the Local Government that the credit markets are currently favorable for the refunding of a aortion of the VRA VPFP Bonds (the "Refunding Transaction "), which may enable VRA to pass on annual debt service savings to the Local Government; WHEREAS, VRA will effect the Refunding Transaction through the issuance and sale of a series of refunding bonds issued under VRA's Virginia Pooled Financing Program (the "VRA Refunding Bonds ") ; WHEREAS, VRA has indicated that if the Local Government participates in the Refunding Transaction the most significant modifications required to the terms of the Original Financing Lease will be to reconcile the Rental Payments and redemption provisions of the Original Financing Lease with the debt service payments and Page 1 of 3 redemption provisions of the VRA Refunding Bonds and such modifications will be embodied in amendments to the Original Financing Lease or in replacements thereof (the "Local Refunding Documents "); and WHEREAS, unless otherwise defined each capitalized term used in this Ordinance shall have the meaning given it in the Original Financing Lease; and WHEREAS, the first reading of this ordinance was held on June 11, 2013 and the second reading and public hearing was held on June 25, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE LOCAL GOVERNMENT: 1. Agreement to Participate. The Local Government's participation in the Refunding Transaction is hereby approved provided that (i) the minimum savings threshold to be realized by the Local Government shall be not less than three percent (3 %) savings on a present value basis compared to the existing and outstanding Rental Payments under the Original Financing Lease or portion thereof to be refunded and (ii) the term of the Original Financing Lease as amended or replaced in the Refunding Transaction shall not be extended past the end of the fiscal year in which occurs the current final Rental Payment under the Original Financing Lease. 2. Authorization of Local Refunding Documents. Each of the Local Government's Chairman of the Board of Supervisors, County Administrator and Director of Finance (each a "Local Representative ") is authorized to execute and deliver the Local Refunding Documents in such form as will reflect and facilitate the Refunding Transaction within the parameters and intent of this Ordinance. The Clerk to the Board Page 2of3 of Supervisors is authorized to affix the Local Government's seal on any such documents and attest or counter -sign the same. 3. Official Statement. The Local Government authorizes and consents to the inclusion of information with respect to the Local Government in VRA's Preliminary Official Statement and Official Statement, both to be prepared in connection with the sale of the VRA Refunding Bonds. 4. Other Actions. Each Local Representative is authorized to execute and deliver all certificates, documents, agreements and instruments and to take all such further action as they may consider necessary and desirable in connection with the refunding of all or a portion of the Original Financing Lease and the consummation of the Refunding Transaction, including the execution and delivery of such documents and the making of such elections as may be reasonably requested by VRA to maintain or establish a tax - favored status for the VRA Refunding Bonds. 5. Effective Date. This Ordinance shall take effect immediately. Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 11, 2013 ORDINANCE AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2013 -2014 BUDGET BY THE APPROPRIATION OF $13,973,416 TO FINANCE VARIOUS PUBLIC FACILITY PROJECTS WHEREAS, on May 14, 2013, the Board of Supervisors of Roanoke County held a work session on the County's Capital Improvements Program Tier 1 Priority Projects; and WHEREAS, the Board considered County staff recommendations for funding capital projects by appropriating or re- appropriating funds from various other sources; and WHEREAS, Section 15.2 -2507 of the Code of Virginia provides that a locality may amend its budget to adjust to adjust the aggregate amount appropriated; however, any such amendment which exceeds one percent of the total expenditures in the adopted budget must be accomplished by publishing a notice of a meeting and a public hearing in the newspaper and that such notice shall state the governing bodies intent to amend the budget and include a brief synopsis of the proposed budget amendment; and WHEREAS, the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on June 11, 2013, and the second reading and public hearing was held on June 25, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the Roanoke County 2013 -2014 Budget and Appropriation Ordinance be amended by the appropriation of $13,973,416 from the sources and for the purposes as follows: Amount Project Appropriated Fuel Storage Tanks 250,000 Fire and Rescue Generators P & R Sports Field Lighting 928,000 750,000 Social Services Li bra ry Integrated Financial System 3 8 363,316 Source of Funds From Merriman Roundabout From South County Library From Merriman Roundabout From South County Library From Minor Capital From Salem City From Salem Bank and Trust Fund From Major Capital From Minor Capital 2013 Bond Issue -VRA Town of Vinton Lease proceeds 2004VRA Refunding Amount of source of funds 200,000 50,000 928,000 522,000 228,000 500,000 1 938,161 561,839 8,218,350 377,500 86,250 363,316 $ 13, 973, 416 $ 13,973 2. That this ordinance shall take effect from and after July 1, 2013. Page 2 of 2 ACTION NO. ITEM NO. F -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: June 11, 2013 Ordinance authorizing the vacation of (1) a portion of an unimproved fifty foot (50') right -of -way designated as Circleview Drive, (2) a twenty foot (20') access easement to stormwater management area, and (3) a stormwater management easement (plat of Suncrest Heights, Section 3, Plat Book 13, Page 1 65) and accepting the dedication of 0.117 ac. for the completion of a cul -de -sac at the end of Circleview Drive and a public drainage easement as shown on a plat entitled "Resubdivision Plat from records for John A. Hall & Company, Inc. and Kent S. Greenawalt Revocable Trust located in the Cave Spring Magisterial District Arnold Covey Director, Community Development Clay Goodman County Administrator'J" � COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This request was submitted by John A. Hall, the heir to the John A. Hall & Company, Inc., the original developer. Mr. Hall is requesting the vacation of the following, which were dedicated by plat of Suncrest Heights, Section 3, Plat Book 13, Page 165. (1) Portion of an unimproved Fifty foot (50') right -of -way designated as Circleview Drive (2) Twenty foot (20') access easement to stormwater management area (3) 0.3258 acre stormwater management easement Mr. Hall and Mr. Greenawalt will dedicate to the public the following: (1) 0.3285 acre public drainage easement (2) 0.117 acre cul -de -sac Page 1 of 3 BACKGROUND The plat of Suncrest Heights Section 3 was submitted by John A. Hall &Company, Inc. and approved by the County of Roanoke in 1991. The original total development of Suncrest Heights Section 3 was 16.226 acres containing thirteen (13) lots and approximately 1000 linear feet of public right -of -way (1.759 acres) as shown on P. B. 13 Page 165 (Exhibit "A "). In November of 2008, the adjacent property owner, Kent Greenawalt, purchased six (6) lots (Lots 1, 2, 10, 11, 12 and 13) of the original thirteen (13) lots in Section 3 of Sunset Heights and combined those six (6) lots with his property. (Instrument #200815329). The Developer is offering to combine Lots 1, 2, and 3, Block 2 into new Lot 1 -A to further reduce the development potential of Suncrest Heights, Section 3. This combination will leave only two (2) undeveloped lots as shown on Exhibit "B" (Lots 3 -A and 1 -A). Staff concurs with the Petitioners requests for the fallowing reasons: 1. Mr. Greenawalt's purchase of the six (5) lots and combining those lots with his property eliminates the need for Hall to build the remaining 525 linear feet (1.103 ac.) of the public right -of -way as shown in green on Exhibit "B ". The 525 linear feet provides no public access and therefore should be vacated. 2. To eliminate any downstream flooding issues, several years ago, the Roanoke County Drainage Division improved the drainage channel from the outfall of the Suncrest Stormwater Management Easement. Reducing the number of developable lots from thirteen (13) to four (4) allows the Developer to reduce the length of Circleview Drive. This reduction in roadway reduces the amount of impervious area from 33,058 sq. ft to 13,271 sq. ft. reducing the stormwater impact thereby eliminating the need for the stormwater management easement and therefore it should be vacated as shown in blue on Exhibit "B ". 3. Roanoke County's Stormwater Design Manual, requires stormwater management access roads on slopes greater than ten percent ('10 %) shall have a paved surfaced and a minimr.im width of twelve (12) feet. To construct the stormwater management access road for this subdivision would require extensive grading, removal of a large number of trees and the access road would have to be approximately 380 feet in length. With the elimination of the stormwater management easement, the need for the twenty foot (20') stormwater access road is also eliminated and therefore it should be vacated as shown in orange on Exhibit "B ", which will help reduce an additional 4,580 sq. ft of impervious area. 4. Due to the reduction in the number of developable lots in Section 3 of Suncrest Heights, the public right -of -way necessary to meet the Roanoke County Subdivision Ordinance regulations is approximately 475 linear feet as shown on Exhibit "B ". Hall and Greenawalt will dedicate the necessary 475 linear feet (0.117 acre) to the public for completion of a cul -de -sac at the end of Circleview Drive as Page 2 of 3 shown in red on Exhibit "B ". 8. To replace the vacated stormwater management easement, Hall will dedicate a 0.3288 acre public drainage easement as shown in blue on Exhibit "B ". FISCAL IMPACT: The costs and expenses associated herewith, including but not limited to publication, survey, and recordation costs, shall be the responsibility of the petitioners. AUERNATIVES: 1. Approve the vacations of 525 linear feet of Circleview Drive Right -of -Way, stormwater management access easement and twenty foot (20') access easement to stormwater management easement. Accept the dedication of 475 linear feet (0.117 ac.) for the completion of a cul -de -sac at the end of Circleview Drive and accept the dedication of a 0.3285 public drainage easement. 2. Approve right -of -way vacation but deny vacating the stormwater management access easement, and stormwater management easement. 3. Deny the request. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 3 of 3 827 S1 TE: CLEARBROO 72A yicnyiTyMAP Exhibit "A" Nu.K-.zH 074 @L27 PROPVM Or SE E SR EET .3 (F 3 -J7,riN A. HALL AND C-0- IN A LEGEND 11 TAY 0 saciz-1-1� qrL FOR CURVE DATA D 107E K. 209 "L WIN6404 BULDXG LNE !174 N (3 Tl ; RIE REMAINING PROPEMY P-U-E KUJO UM4 Ulf EASEWE CLEAMOOK WLL BE DESIGNATED AS D-E, DRAINAGE EASEWiDiT CF a R/W RIGH TAX P 11B.02-1-11. OWN -( 0 SANJAR WAY Y WHO MANIHICU By JOHN A- HALL ANO 00. 5WTARY SEY01 UKE CONTAINING 60,27 ACIRES. AAl ER VALVE LOCAMN AP 52 5 WATEER METIM 1-596 Ae, ;I; Hn%w r 2s %K*EPIH LAMS Am:Eu iR(kf PIN :WT ON Lm- TAX D.B. I M. P6. 3�t C9NnRLME q NATURAL 11WER ECTICIN 3 SUNCREST HEIGHTS f, %7 Ar- IZ/ ...".-A PROPERW OF i;v 4116. ea-0 -5 as Sa SH, 7 JOHN A, HALL & COWAN Y, INC. -xfi :9TL,1ATE ON CIRCLEVIEW ORM A -GA%F- SPRIN'V, M4MTMAL DWRICT .1 ROAN(N<r-' r-DURTY, WI;INIA ff 7. L? t P. PAM(ER & SM &KINEERS SURVEYORS - AMWMS F 6- /0 ALWW N t I' = aw Fr-8- 7ULKnETr HM #11 'Aa TAX CkQ UW J W10, Be-Hu QJ578 Ac, 4d&L I rz '.5.' I DESCRIPTION AREA ROW WIDTH Acres Feet Feet Description for ori ROW for Circleview Drive in Suncrest Hei Section 3 shown in purple 1.759 Variable 20 ROANOKE COUNTY DEPARTMENT OF ORIGINAL PLAT FOR SUNCREST HEIGHTS SECTION 3 COMMUNITY DEVLOPMENT C I-E A RBRO OK 7 yicnyiTyMAP Exhibit "B" NORTH ".~-W WI.13.L, WIN DALDNG LINE P.Q.E. UTNIT1 Ek $9W D.E. MANAGE EASIEWENI 14/W RIGHT OF 110 SANIIAN -f SLMkN NANKULL SANITAIVY SE't1M LIU WATER VALVE WATER WETER H' Rmf PROPUtT1' OF 0 PROP ERTY DER L80A S L1 PIE a %jA" 3 EAST C L e , 14m, Pr. 1541 SAMTARY TAx I. 91LTr- 01 - T11P.- U PMAL At - 11,M RiSTM EM ' QI¢9T, TM S.S,F . %AaIrAlty SEVER 1•k r f k T1�Fl [9F L�'k REIASED ROADWAY � SECTION & wL(,HTs yr r 1JA AC MOMI. ROAD A�W - 1.10 AC VACATION) 0.113 J4C riTA 01 -113) X 4 %132 -04­00) 1.77,3 AC 00up1 D &V HERS 1. 191. 20. 38. 35, 1'H1"Ill A TO 1 I4c�. 85, WT 4 1,547 Jam• _ PAOFWTY (F (A -� Tdk[ # {d#�FI1t� 8UXX l �'° i �I •, 145 ''�,r �'' } PROP Tf Of M ir TAX IIt.� -OI -vO INS _ 3 1 32D 1 1 R ACT .142A } 27',4,1; AE (TRACT Ajk) - 0113AC 0MICATED TCA ) j 1 ON AC VACAT01 - 27& 11.5 ABC TRACT Al I '' •1. I _ WA Y AREA BEING VA_Casa AS DESCMEED IN INSTRJWIN T NO. 2CCE115321. vuERE mET S AND 9WNDS O 'THE R:;�Ir DF wAy igo Nor mA7CH 1rETIE'S Ah0 BO. NO3 J- BECK N P.D. 13, P.O. 165. f4EW E�6 KO _ _ 2 r � l , VX 1,1tR LJ 114_ ------ _ - - - -- 11 + FESUBC s '4 ' `_A T FRS► ZF 56 JQHN A. HALL & COMPANY I Feet Feet 1. ROW for Circleview Drive being vacated is shown in REVXA8if TRUST green 1Z+a¢M F lPf VA f'4 • ni 6W OF Variable 20 2. Stormwater management access easement to be E NEW FS' (ea IA PC 14ya� 1.103 ACRES (P.8i 15, PC. 165) VAC;A B� rY 4F �6 [ I -Mg ACRES (IN5T.j 2EI[I�153 �] AND TW � ' Of A f1.10P ACW -Of-RAC PM'nCN OF CIRC UVEW DRIB 20 HERLUY VAGA ILD BY ACF A2A1 (2 6. f15 ROTES e r,ICa+cE ® ORCIPIANCE — L0T LEA (q. 640 A)', AIL OCK I �$ MTED L0T I —A (J 97.E A 9E ) BLOCK 2 CO RNERS - �J IN RL TO 1 NCL.USIVI. SEM 4 AWWSr hM red STUATE ON C;IRCLE"EW MME Variable (VA. SECT. RM 726) CAVE SPFRNG MACISTEMAL CWSTRICT SEE NUM 6 'RCIA.NCAIE COUNTY. M GINIJk TAK It * G2-G1 ft .2 IO ME: NA( 20. M 13 17 G; 04 - 06, M03 - 04 - M mm - m - 04 9L.,E' 1' - W , . WA%k Pie 'c Mk * 11 DQ92 - P9 SIP �� i a r # 1!6 rhL- r W -I rg'd 34 1.641 ABC. p I DESIGN GRCR.1P" LW3JFA9WFPr '*I ti l w.v� �v Vary. ram J gg .•�#�p; - dig � �4 ,�fiur • ty a • - LJo'Z&_ i A;._.gr[F_r1 �^ 9 PROPER T1" IV 46, T4X 9EM -&L -UG 43% n,J- 4 C" ®41 . LOT 1 r e '��- �� 1. ACRES LOT 'u * r '. -1� 1b ' s. TA�11 G14 [7 - 411 -14 go jA we `� 7AY 2 !VAP %: 4�p -8 d1i M PGL ' _ ...P a r ,z ' M X ,r I4i3L�lE. L 1IT s �,, ; Lfl - 1. A0 A e , f [A,1 # INAIQ -,.- -� KV t,r -0. A } w _� _ � 4: r r 2a ` 14 itt LOT PROPAI'i' 43F } ' f a 4 '2 r �� ' CiU4 T - I PROPERTY OF PALE 9 f r f �. yiy rf W es` ' J ARM L 22W p,,'' ! -734 7# it ALA A SW Of TAX 1I11 TAX F X42 - -; �aA '" + 22 T ' G ii 0.I, pa 4 M - Vi �' R4S �Ui , e I LOr 1l� F $ - -G$ Q 1117 !b 23 111IX 1 00-04-06 M JP 6 PU ILP 7i oil ITT 2OI "� ,a '�= 10, S Dam - r- ' 1e ' 1 e ' err EF N 9«t9 #!'tiG 11 _ `� p i �. TAX � S&M -01 -10 �� �_ PROnRTY V �I 6� CN �"4G' hw' Isl�.I4T\ fr5,� I > ' PIKPRW 122 f DESCRIPTION AREA ROW WIDTH Acres Feet Feet 1. ROW for Circleview Drive being vacated is shown in green 1.103 Variable 20 2. Stormwater management access easement to be vacated which is shown in orange. 0.21 N/A 20 3. Stormwater management easement to be changed to a public drainage easement shown in light blue. 0.28 N/A Variable 4. ROW for Circleview Drive being dedicated is shown in red 0.117 Variable Variable ROANOKE COUNTY DEPARTMENT OF PROPOSED PLAT FOR SUNCREST HEIGHTS SECTION 3 COMMUNITY DEVLOPMENT AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 11, 2013 ORDINANCE AUTHORIZING THE VACATION OF (1) A PORTION OF AN UNIMPROVED FIFTY FOOT (50') RIGHT -OF -WAY DESIGNATED AS CIRCLEVIEW DRIVE, (2) A TWENTY FOOT (20') ACCESS EASEMENT TO STORMWATER MANAGEMENT AREA, AND (3) A STORMWATER MANAGEMENT EASEMENT (PLAT OF SUNCREST HEIGHTS, SECTION 3, PLAT BOOK 13, PAGE 165) AND ACCEPTING THE DEDICATION OF 0.117 AC. FOR THE COMPLETION OF A CUL -DE -SAC AT THE END OF CIRCLEVIEW DRIVE AND A PUBLIC DRAINAGE EASEMENT AS SHOWN ON A PLAT ENTITLED "RESUBDIVISION PLAT FROM RECORDS FOR JOHN A. HALL & COMPANY, INC. AND KENT S. GREENAWALT REVOCABLE TRUST", LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the map of Sunset Heights, Section 3, (Exhibit "A ") recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 13, page 165, dedicated a fifty foot (50') right -of -way designated as Circleview Drive, a twenty foot (20') access easement to a stormwater management easement, and a 0.3285 ac. stormwater management easement; and WHEREAS, a portion of the area dedicated and set aside for public use as Circleview Drive on Plat Book 13, Page 165 has never been improved and is no longer needed to meet the County Subdivision Ordinance regulations; and WHEREAS, a 0.3285 stormwater management easement is no longer necessary due to the reduction in the amount of impervious area in Sunset Heights, Section 3 also eliminating the need for the 20' access easement to the stormwater management easement; and WHEREAS, John A. Hall & Company, Inc., the developer of Sunset Heights, Section 3, and Kent Greenawalt, an adjoining property owner who has purchased six (6) lots of the original thirteen (13 lots in Section 3 of Sunset Heights, have requested, pursuant to Page 1 of 4 Section 15.2 -2272 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate of a portion of Circleview Drive, a twenty foot (20') access easement to a stormwater easement, and a 0.3285 so as to permit these property owners to make improvements to their properties; and WHEREAS, no other property owner will be affected by the vacation of this undeveloped portion of said Circleview Drive, twenty foot (20') access easement to stormwater management easement, and stormwater management easement and their current existence imposes an impediment to the adjoining property owners making improvements to their properties; and WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and WHEREAS, notice has been given as required by Section 15.2 -2204 of the Code of Virginia (1950, as amended); and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on June 11, 2013, and a second reading and public hearing of this ordinance was held on June 25, 2013. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (a portion of Circleview Drive, a fifty foot (50') wide street containing approximately 525 linear feet and 1.103 acres and shown as Area #1 on the attached Exhibit "B ") is hereby declared to be surplus and the nature of the interests in real Page 2 of 4 estate renders it unavailable for other public use, pursuant to Section 15.2 -2272 of the Code of Virginia, 1950, as amended. 4. That the 20' access easement to stormwater management easement and the stormwater management easement shown as Areas #2 and #3 as described and shown on Exhibit "B" attached hereto, be and hereby are, vacated pursuant to Section 15.2 -2272 of the Code of Virginia of 1950, as amended. 5. That Roanoke County hereby accepts the dedication to the public by John A. Hall & Company, Inc. and Kent S. Greenawalt Revocable Trust of a 0.3285 acre public drainage easement (Area # 3 on Exhibit "B ") and a 0.117 acre parcel for the completion of the cul -de -sac at the end of Circleview Drive (Area #4 on Exhibit "B ") to be dedicated by the recordation of a plat entitled "Resubdivision Plat from records for John A. Hall & Company, Inc. and Kent S. Greenawalt Revocable Trust showing the vacation of 1.103 Acres of Circleview Drive, Section 3, Suncrest Heights (PB13, PG 165) Being Vacated by the County of Roanoke and the Dedication of a 0.117 Acre Cul -de- Sac..." dated May 20, 2013, prepared by Parker Design Group; and 6. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 7. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 8. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Page 3 of 4 Roanoke County, Virginia, in accordance with Section 15.2 -2272 of the Code of Virginia (1950, as amended). Page of ACTION NO. ITEM NO. G -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: June 11, 2013 Ordinance to accept the conveyance of the old William Byrd High School (Tax Map #60.11 -4 -17 and 60.11- 11 -4 -20) and the Roland E. Cook Elementary School (Tax Map #60.16 -09- 40) from the Roanoke County School Board to the Board of Supervisors Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This ordinance authorizes the acceptance of a conveyance from the county School Board of Roanoke County of the old William Byrd High School and the Roland E. Cook Elementary School. On May 23, 2013, the School Board adopted a resolution declaring these properties to be surplus and authorizing the conveyance of these properties, along with the personal property contained therein, to the Roanoke County Board of Supervisors. If in the future the Board of Supervisors decides to sell this property, then the proceeds of any sale of this real estate shall be shared equally with the School Board. The County's share of the proceeds shall be paid into the County's capital facilities accounts and expended solely for the purpose of acquisition, construction, maintenance, or replacement of other capital facilities, as provided in Section 10.01 of the Roanoke County charter. The School Board's share shall be paid into its capital facilities accounts and expended solely for the purpose of acquisition, construction, maintenance, or replacement of other school capital facilities STAFF RECOMMENDATION: Staff recommends that the Board favorably consider the adoption of this ordinance. The first reading was held on May 28, 2013 and the public hearing and second reading is scheduled for June 11, 2013. Page 1 of 1 ACTION # ITEM NUMBER AT A REGU MEETING OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY SCHOOLS ADMINISTRATION BUILDING RESOLUTION WHEREAS, the Roanoke County School Board has determined that it has no further use for the old William Byrd High School (Tax Map #s 60.11 -4 -17 and 60.11- 4 -20,); and WHEREAS, by resolution adopted on September 24, 2012, the Roanoke County School Board previously determined that it has no further use for the Roland E. Cook Elementary School (Tax Map #60.16- 09 -40); and WHEREAS, the School Board desires to transfer all of this real estate and the personal property located thereinto the Roanoke County Board of Supervisors pursuant to Section 22.1- 129A of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County School Board pursuant to Section 22.1 -129A of the Code of Virginia hereby declares these properties to be surplus; and it requests the Board of Supervisors to sell these properties by appropriate competitive methods, and to share equally the net proceeds from any sale with the School Board; and BE IT FURTHER RESOLVED that a copy of this Resolution signed by the Chairman and certified by the Clerk shall be filed with the Clerk of the Circuit Court of Roanoke County; and BE IT FURTHER RESOLVED that the Chairman and the Clerk are authorized to execute a deed and such other documents and to do such other things as may be necessary to transfer title to these properties to the Roanoke County Board o upervisors. Chairman Certificate I hereby certify that the foregoing Resolution was duly adopted by the Roanoke County School Board at its regular meeting held on May 23, 2013. Clerk AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 11, 2013 ORDINANCE TO ACCEPT THE CONVEYANCE OF THE OLD WILLIAM BYRD HIGH SCHOOL (TAX MAP #60.11 -4 -17 AND 60.11- 11 -4 -20) AND THE ROLAND E. COOK ELEMENTARY SCHOOL (TAX MAP #60.16- 09-40) FROM THE ROANOKE COUNTY SCHOOL BOARD TO THE BOARD OF SUPERVISORS WHEREAS, at their meeting on May 23, 2013, the County School Board declared the old William Byrd High School and the Roland E. Cook Elementary School, along with all of the personal property located therein, to be surplus property, thus allowing the Board of Supervisors to obtain ownership of the property upon approval of this ordinance and recordation of a deed; and WHEREAS, the County School Board desires to transfer all of this real estate and the personal property located therein to the Board of Supervisors pursuant to Section 22.1 -129A of the Code of Virginia; and WH ERAS, Resolution 100912 -3 is hereby rescinded; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance will be held on May 28, 2013, and the second reading and public hearing will be held on June 11, 2013. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition from the County School Board of Roanoke County of approximately 17.829 acres of real estate known as the old William Byrd High School (Tax Map #s 60.11 -4 -17 and 60.11 -4 -20) and of approximately 0.8953 of an acre of real estate known as the Roland E. Cook Elementary School (Tax Map # 60.16- 09 -40), along with all the personal property located therein is hereby authorized and approved. 2. That the proceeds of any sale of this real estate shall be shared equally with the School Board, and be paid into the School Board's and the County's capital facilities accounts and expended solely for the purpose of acquisition, construction, Page 1 of 2 maintenance, or replacement of other capital facilities, as provided in Section 16.01 of the Roanoke County Charter. 3. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 2 of 2 ACTION NO. ITEM NCB. H.1 -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 11 , 2013 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator i COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Board of Zoning Appeals (appointed by District) The five -year term of Richard Jones, representing the Catawba Magisterial District, will expire on June 30, 2013. During the May 28, 2013, Board meeting, Supervisor Church requested the Clerk contact Mr. Jones to see if he would be willing to serve an additional five -year term. Mr. Jones has agreed to represent the Catawba Magisterial District for an additional five -year term, which will expire on June 30, 2018. Confirmation of this appointment has been placed on the Consent Agenda. 2. Capital Improvement Program (CIP) Review Committee (appointed by District) The one -year term of Becky Walter, representing the Hollins Magisterial District, expired on August 31, 2012. Ms. Walter has served three consecutive terms and cannot be reappointed. 3. Parks, Recreation and Tourism Advisory Commission (appointed by District) The three -year term of Roger L. Falls, representing the Vinton Magisterial District, expired on June 30, 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, JUNE 11, 2013 RESOLUTION 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 June 11, 2013, 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 4 inclusive, as follows: 1. Approval of minutes — May 28, 2013 2. Request to approve the Fiscal Agent Agreement with the Regional Center for Animal Control and Protection 3. Adoption of revised Parks, Recreation and Tourism Advisory Commission Bylaws 4. Confirmation of appointment to the Clean Valley Council; Board of Zoning Appeals (appointed by District) Page 1of1 ACTION NO. 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: June 11, 2013 AGENDA ITEM: Request to approve the Fiscal Agent Agreement with the Regional Center for Animal Control and Protection SUBMITTED BY: Laurie Gearheart Assistant Director of Finance APPROVED BY: B. Clayton Goodman III County Administrator �O4� COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On December 11, 2012, the Board approved an ordinance establishing an Intergovernmental Agreement between Botetourt and Roanoke Counties, Roanoke City and the Town of Vinton to operate a Regional Animal Shelter which has been titled the Regional Center for Animal Control and Protection (RCACP). This agreement established the County of Roanoke as the fiscal agent effective July 1, 2013. The attached fiscal agent agreement outlines this arrangement for a cost of $50,400 beginning July 1, 2013. FISCAL IMPACT: The RCACP will pay the County of Roanoke $50,400 annually to provide fiscal agent services. This cost will be included in the RCACP's approved 2013 -2014 fiscal year budget. This arrangement will continue through June 30, 2015. RECOMMENDATION: Staff recommends approval of the attached Fiscal Agent Agreement with the Regional Center for Animal Contras and Protection, in substantially the format submitted, and authorizing the County Administrator to sign the agreement. Page 1 of 1 Fiscal Agent Agreement Between The County of Roanoke, And The Regional Center for Animal Control and Protection This agreement is made the 11 t" day of June, 2013, by and between the Board of Supervisors of Roanoke County ( "County "), a political subdivision and county of the Commonwealth of Virginia, and The Regional Center for Animal Control and Protection, an intergovernmental agreement between the County of Roanoke, City of Roanoke, Town of Vinton, and Botetourt County. RECITALS 1. The Regional Center for Animal Control and Protection (Regional Pound) was created by an intergovernmental agreement dated December 11, 2012 between the charter members of the City of Roanoke, County of Roanoke, Town of Vinton, and Botetourt County pursuant to code section 3.26546 of the Code of Virginia which requires the governing body of each county, town, or city to maintain or cause a "pound" to be maintained and allows one or more local governing bodies to operate a single "pound" in conjunction with one another. 2. Section 3.2 of the intergovernmental agreement designates the County of Roanoke to be the fiscal agent until otherwise agreed to by a unanimous vote of the Executive Committee, and the fiscal agent is required to maintain a program account for the receipt of funds paid by the Participating Localities and fees paid by the general public, and for payment expenses for the operation, maintenance, repairs, and capital improvements to the Regional Pound. AGREEMENT The County is hereby authorized to serve as Fiscal Agent for the Regional Pound as set forth herein. As such, the Regional Pound and the County agree to the provisions outlined below: 1. Maintenance of Books. The County will establish a separate fund(s) on the County financial system to maintain the financial records of the Regional Pound. 2. Pooled Cash. As part of the overall pooled cash concept that is used by the County, the cash of the Regional Pound will be accounted for separately but may be pooled with the cash of the County and other agencies that the County serves as fiscal agent. As such, the Treasurer of the County is authorized to make investments for the pooled cash in accordance with applicable law, including, without limitation, the Investment of Public Funds Act, 2.2 -4500 et seq., Code of Virginia (1950), as amended, Page 1 of 4 and the Virginia Security for Public Deposits Act, 2.2 -4400 et seq., Code of Virginia (1950), as amended . 3. Negative Cash. As a participant in the pooled cash concept of the County, the Regional Pound may have a negative cash balance from time to time. The Regional Pound agrees to minimize the negative cash to the extent possible. The cash balance must be positive at the end of the fiscal year. 4. Interest Income. At the end of each month, the County allocates interest income earned during that month to all of the funds based upon the percentage participation on the pooled cash. If the net interest income is negative at the end of a month, then negative interest will be allocated to the fund. 5. Loss on Investments. In the unlikely event that the County pooled cash has a loss on an investment through default, market decline, or other reason except for negligence, theft, or legal violations by the County and /or its agents, the Regional Pound will share in the loss using the methodology described in paragraph 4. 6. Revenues. All revenues of the Regional Pound will be deposited with the County Treasurer. 7. Payment of Vendors. The County will make vendor payments for the Regional Pound. These payments will be made in a manner consistent with County procedures. These payments will be combined into the normal County vendor payment process, and as such the check stock used will be the County of Roanoke, and will be signed electronically with the signatures that appear on County checks. Reference to the Regional Pound may be made on the description line of the check. 8. Payment of Pam The County will process the payroll for the Regional Pound. These payments will be made in a manner consistent with County procedures and follow the County payroll cycle. 9. Processing of Payroll Taxes. The County will file all payroll taxes for the Regional Pound. 10. Procurement. The County is available for consulting on Procurement activities as requested by the Regional Pound. 11. Risk Management. The County is available for consulting on insurance coverage as requested by the Regional Pound. The Regional Pound will be charged directly for the costs associated with worker's compensation, insurance for property and equipment, and the cost of health insurance not covered by premiums. 12. Financial Reports. The County will work with the Regional Pound staff and Executive Committee to provide meaningful financial reports, as needed, for the Regional Page 2 of 4 Pound on a mutually convenient schedule. This will include monthly and annual financial reports prepared for the Regional Pound's scheduled Executive meetings. 13. Systems. The County will provide access to the County's Financial System. 14. Audit. The County will assemble a review team that will include staff of the Regional Pound and the County. This team will procure an audit firm to conduct the Regional Pound's annual audit. The County will work with the auditors selected to prepare the audit of the Regional Pound. The Regional Pound will maintain overall responsibility for the integrity of the Regional Pound's financial records that are provided to the County and the auditor. The Regional Pound will be charged for the cost of the audit. 15. Errors and Omissions. It is the responsibility of the Regional Pound to ensure that all of the Regional Pound's financial information which shall be provided to the County and \or any audit firm procured by the County on behalf of the Regional Pound is correct, accurate, and complete. 16. Ownership. All funds and obligations of the Regional Pound are the property of the Regional Pound. Upon termination of this Agreement, all funds and obligations will be remitted to the Regional Pound, or its new fiscal agent. 17. Cost. The fiscal agent services outlined above will be provided to the Regional Pound for a fee of $4,200.00 a month ($50,400.00 annually). The County has permission to transfer funds from the Regional Pound funds to the County funds by journal entry to pay for this service. Term. This agreement shall begin on July 1, 2013 and shall terminate on June 30, 2015. Further, either the County or the Regional Pound may terminate the Agreement at any time with one year written notice to the other. In witness whereof, the parties have caused this Fiscal Agent Agreement to be executed by their authorized officers. BOARD OF SUPERVISORS OF ROANOKE COUNTY MR Its: COUNTY ADMINISTRATOR Page 3 of 4 Approved as to form: Its: COUNTY ATTORNEY REGIONAL CENTER FOR ANIMAL CONTROL AND PROTECTION Its: Chief Executive Officer Approved as to form: Its: General COUNSEL Page of ACTION NO. 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: June 11, 2013 AGENDA ITEM: Adoption of revised Parks, Recreation and Tourism Advisory Commission Bylaws SUBMITTED BY: Doug Blount Director of Parks, Recreation and Tourism APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATORS COMMENTS: SUMMARY OF INFORMATION: The Parks, Recreation and Tourism Advisory Commission serves as an advisory body to the Roanoke county Parks, Recreation and Tourism Department and the Roanoke County Board of Supervisors. The Commission serves as a liaison between the Parks, Recreation and Tourism Director, the Board of Supervisors, and the citizens of the community. The bylaws for the Advisory Commission have not been updated since 1995. The Advisory Commission has reviewed the bylaws and made a format change along with a four (4) document edits to reflect the current work of the Advisory Commission. The edits made to the bylaws are in accordance with the provisions of the State Code of Virginia, Chapter 8, Sections 15.1 and 15.1 -272 and the ordinances of the County of Roanoke, Virginia. The following edits have been made to the proposed bylaws: 1. The word "Tourism" was added to the title of the Advisory Commission. 2. Article 3, Section 2: In 1995, the wording was Page 1 of 3 The Commission shall consist of eleven members. The Board of Supervisors shall appoint three (3) members for a term of one (1) year; three (3) members for a term of two (2) years; and five (5) members for a term of three (3) years. Terms shall expire on June 30th of each year. Upon the expiration of their original terms of office, each succeeding term shall be for three (3) years and until their successor qualify for office. The new recommended wording is: The Commission shall consist of eleven members. The Board of Supervisors shall appoint members for a term of three (3) years on varying years so that no more than three (3) members are being replaced in any one (1) year. Terms shall expire on June 30th of each year 3. Article 5, Section 9: In 1995, the Carder of Business was: Order of Business a. Call to Order b. Roll Call C. Consideration of minutes of last regular meeting and of any special meetings held subsequently and their approval or amendment. d. Unfinished business e. Reports of standing committee f. Reports of special committee g. Reports of the Commission h. Report of the Chief Executive i. Petitions and communications j. New business k. Other business I. Adjournment The new recommended wording for Order of Business is: Order of Business a. Call to Order b. Roll Call C. Consideration of minutes of last regular meeting and of any special meetings held subsequently and their approval or amendment. d. Unfinished Business e. Reports (as necessary to conduct business) f. Petitions and Communications g. New Business Page 2 of 3 h. other Business I. Adjournment 4. Article 6, Section 7 Added item c: Provide advice and guidance to the Department regarding modifications, additions and deletions to Department programs and projects to meet the needs and mission of the Department. FISCAL IMPACT There is not a fiscal impact. ALTERNATIVES 1. Adapt revised Parks, Recreation and Tourism Advisory Commission Bylaws. 2. Do not adopt revised Recreation Advisory Commission Bylaws. STAFF RECOMMENDATION: Staff recommends Alternative 1. ATTACHMENTS 1. Revised Bylaws dated April 19, 2013 2. 1995 Parks and Recreation Advisory Commission Bylaws Page 3 of 3 BY -LAWS FOR THE ROANOKE COUNTY PARKS, RECREATION AND TOURISM ADVISORY COMMISSION Revised April 19, 2013 The Roanoke County Parks, Recreation and Tourism Advisory Commission has adopted the following articles in order to facilitate its powers and duties in accordance with the provisions of the State Code of Virginia, Chapter 8, Sections 15.1 -271 and 15.1 -272 and the ordinances of the County of Roanoke, Virginia. Article 1 That there is hereby created a Commission to be known as the Roanoke County Parks, Recreation and Tourism Advisory Commission, hereinafter referred to as "the Commission ". Article 2 Purpose of the Commission The Commission shall serve as an advisory body to the Roanoke County Parks, Recreation and Tourism Department hereinafter referred to as "the Department" and the Roanoke County Board of Supervisors. The Commission shall serve as a liaison between the Parks, Recreation and Tourism Director hereinafter referred to as the "Department Director ", the Board of Supervisors, and the citizens of the community. The Commission may be asked to consult with and advise the County Administrator, the Department Director, the Department management staff and the Board of Supervisors in matters affecting policies, programs, personnel, finances, and the acquisition and disposal of lands and properties related to the total community recreation program, and to its long- range, projected program for the Department. Article 3 Membership Section 1. The Commission shall be appointed by the Board of Supervisors according to the following schedule: two members from each of the Magisterial Districts in the County and one member At Large from the County of Roanoke. The Director of Parks, Recreation and Tourism shall serve as a non - voting, ex- officio member of the Commission. Section 2. The Commission shall consist of eleven members. The Board of Supervisors shall appoint members for a term of three (3) years on varying years so that no more than three (3) members are being replaced in any one (1) year. Terms shall expire on June 30th of each year. Section 3. Attendance at Commission meetings is imperative, and acceptance of appointment constitutes an obligation to attend and participate in monthly meetings to the fullest extent. Three (3) consecutive absences or four (4) absences in any 12 -month period, except in the case of illness or emergency, will be considered non - committal and will be addressed on an individual basis. Non - committal members may be asked to resign from the Commission or upon request for removal by the Board of Supervisors. Furthermore, excessive partial attendance at meetings will be addressed on an individual basis, resulting in possible resignation or request for removal by the Board of Supervisors. Section 4. The Chairperson of the Board of Supervisors may, by and with consent of the Commission, on recommendation of the Commission, remove any member of the Commission for misconduct or neglect of duty. Section 5. Vacancies occasioned by removal, resignation, or otherwise shall be reported to the Board of Supervisors by the Department Director, and shall be filled in like manner as original appointments, except that the term of office is restricted to the unexpired term of office. Section 6. Commission members shall serve without monetary compensation. If previously approved by the Department Director and the Commission Chairperson, members can be reimbursed for travel and subsistence to professional recreation meetings, conferences and workshops, and such reimbursement being made in compliance with the general policies of Roanoke County. Article 4 Officers Section 1. The Officers of the Commission shall be a Chairperson, Vice - Chairperson, Secretary, and /or Past Chairman. The Officers shall be elected at the organizational meeting in October to serve for one (1) year with each officer position rotating forward, or until a successor or vacancy occurs. Commission members must have served one (1) full year before being eligible for election to an officer position No officer shall serve more than two (2) consecutive terms in the same position. Section 2. The Commission shall adopt by -laws, rules and regulations governing its procedure that are consistent with the provisions of the State law and the approved ordinance as set forth by the Roanoke County Board of Supervisors. Article 5 Meetings Section 1. Regular meetings shall be held the third Thursday of each month during the year. Section 2. Special meetings shall be called by the Chairperson or upon the written request of at least two (2) members; the time and place to be designated in the notice of such call. Section 3. The time and place for the meeting shall be designated by the Chairperson. Section 4. The first regular meeting in October of each year shall be called the organizational meeting. The purpose of this meeting shall be the election of officers, the presentation of the annual report, reviewing the inventory report, and other business that may need to come before such meetings. Section 5. The majority of the members present in person at any duly constituted meeting shall have the full authority of the Commission, except the amendment of these By -Laws, and provided that no fewer than six (6) members shall constitute an annual meeting. Section 6. All meetings are open to the public. Section 7. Meetings shall be conducted in accordance with procedures prescribed in the By -Laws and decisions reached only after full consideration and debate on the issue in question. Section 8. The following shall be the order of business of the Commission, by the Rules of Order may be suspended and any matters considered or postponed by action of the Commission. Section 9. Order of Business a. Call to Order b. Roll Call c. Consideration of minutes of last regular meeting and of any special meetings held subsequently and their approval or amendment. d. Unfinished Business e. Reports (as necessary to conduct business) f. Petitions and Communications g. New Business h. Other Business i. Adjournment Section 10. Commission meeting minutes will be prepared and distributed by a Department staff member. Meeting minutes will be distributed at least one (1) week prior to the next Commission meeting. Article 6 Duties and Responsibilities of the Commission Section 1. The Commission shall make recommendations for the following: establishment of supervised recreation and tourism activities for the County; to set apart for use as parks, playground, recreation centers, water areas, or other recreation areas and structures, any lands or buildings owned by or leased to the County and for approval by the Board of Supervisors, and may suggest improvements of such lands, buildings, and structures as may be necessary to the recreation program within those funds allocated to the Department; in the construction, equipping, operation and maintenance of parks, playgrounds, recreation centers, and all buildings and structures necessary or useful to Department function; in regard to other recreation facilities which are owned or controlled by the Department of leased or loaned to the Department. Section 2. The Commission shall advise in the acceptance by the County any grant, gift, bequest or donation of any personal or real property which is to be made available for public recreation purposes and which is judged to be of present or possible future use for recreation or parks. Section 3. The Commission shall advise and provide comments and input in the area of Department staffing levels and needs recommended by the Director, contingent upon appropriate funding in the Budget. Section 4. The Commission shall interpret the services of the Department to the community and interpret the needs and desires of the community to the Department and as necessary or requested to the Board of Supervisors. Section 5. The Commission shall determine and establish the general policies to be followed in carrying out the purpose for which the Commission was established. Section 6. Financial Duties and Responsibilities: The Commission shall have no authority to enter into any contract or incur any obligation binding the governing body of Roanoke County. a. The Commission shall provide advice and input to the Department Director during the budget preparation process. The Commission shall offer an endorsement to the County Administrator, through a vote during a Commission meeting, that the annual budget is sufficient to finance the programs of the Department and is necessary for the welfare of the residents of the County of Roanoke. The budget shall be submitted to the County Administrator to hear the requests. b. The Commission shall offer an endorsement to the Board of Supervisors via the County Administrator through a vote during a Commission meeting that a budget for capital improvements acquisition and development prepared by the Department Director is in accordance with the Master Plan for Parks, Recreation and Tourism for the County and is sufficient to meet the needs of the residents of the County of Roanoke. Section 7. Planning Duties and Responsibilities: a. Participate in the development of the Master Plan for Parks, Recreation and Tourism in cooperation with the Department and the Planning Commission for the acquisition and development of an adequate system of parks, facilities, and recreational programs for the residents of the County of Roanoke. and update same yearly, consistent with the Master Plan. b. Investigate and determine the needs and interest of the community for recreation facilities and programs and recommend a recreation program to meet these needs. c. Provide advice and guidance to the Department regarding modifications, additions and deletions to Department programs and projects to meet the needs and mission of the Department. Article 7 Section 1. Director's Relationship: The Director shall have a continuing responsibility to explain the organization, responsibilities, and working relations to the Commission, explain program objectives to them in details of organization, and assist in all matters of interest to the operation of the efficient program. He is an ex- officio member (by virtue of this office) and attends committee meetings. He keeps the Commission informed concerning the interests, needs, objectives, progress, plans and other factors of importance to them. The Director shall be the official medium of communication between the employees of the Department and the Commission. Section 2. Chairperson: The Chairperson shall preside at all meetings, sign official papers, appoint committees, call special meetings when he or she deems it advisable, and perform all such duties as usually handled by a chairperson, except when such duties are properly delegated. The Chairperson may succeed his or her self and shall be elected from among the members who have served more than one (1) year. Section 3. Vice - Chairperson: The Vice - Chairperson of the Commission in the absence of the Chairperson shall perform all the duties of the Chairperson. The Vice - Chairperson shall be charged with the responsibility to see that all standing and temporary committees function as planned by the Commission. Section 4. Secretary: The Secretary shall perform the usual duties pertaining to the office. In the absence of both the Chairperson and Vice - Chairperson, the Secretary shall perform all duties of the Chairperson. In the absence of all elected officers, the Commission shall elect a Chairperson Pro Tempore who shall perform the duties of the Chairperson; The Secretary shall keep, or cause to be kept, a full and true permanent record of all meetings of the Commission. This includes regular meetings plus reports of standing committees shall be the custodian of all documents committed to his /her care. The Secretary shall issue, or cause to be issued, notices of the regular and special meetings. Also, the Secretary shall issue minutes of the previous meeting to the Commission prior to the meetings. The Secretary may elect to delegate the record keeping and distribution of meeting minutes to a Department staff member. Article 8 The Commission shall make full and complete reports to the Roanoke County Administrator and /or Board of Supervisors as requested and at such other times as the Commission deems appropriate. The fiscal year of the Commission shall conform to that of the governing body of Roanoke County. Article 9 Amendments These By -Laws may be amended by the membership of the Commission at a meeting at which there is a quorum, held after reasonable notice to the members of the Commission, and upon concurrence of the Roanoke County Board of Supervisors. APPROVED BY: April 22, 2013 DATE Chairperson, Roanoke County Parks, Recreation and Tourism Advisory Commission Edited by: Arlain Martin (April 22, 2013) BY -LAWS FOR THE ROANOKE COUNTY PARKS AND RECREATION ADVISORY COMMISSION 1995 The Roanoke County Parks and Recreation Advisory Commission has adopted the following articles in order to facilitate its powers and duties in accordance with the provisions of the State Code of Virginia, Chapter 8, Sections 15.1 -271 and 15.1 -272 and the ordinances of the County of Roanoke, Virginia. Article 1 That there is herby created a Commission to be known as the Roanoke County Parks and Recreation Commission, hereinafter referred to as "the Commission ". Article 2 Purpose of the Commission The Parks and Recreation Commission shall serve as the advisory body of the Roanoke County Board of Supervisors. The Commission shall serve as a liaison between the Parks and Recreation Director, the Board of Supervisors, and the citizens of the community. The Commission shall consult with and advise the County Administrator, the Parks and Recreation Director, and the Board of Supervisors in matters affecting recreation policies, programs, personnel, finances, and the acquisition and disposal of lands and properties related to the total community recreation Program, and to its long- range, projected program for recreation. Article 3 Membership Section 1. The Commission shall be appointed by the Board of Supervisors according to the following schedule (1) two (2) members from each of the districts in the County; (2) two one (1) member at large from the County of Roanoke. The Director of Parks and Recreation shall serve as a non- voting, ex- officio member of the Commission. Section 2. The Commission shall consist of eleven members. The Board of Supervisors shall appoint three (3) members for a term of one (1) year; three (3) members for a term of two (2) years; and five (5) members for a term of three (3) years. Terms shall expire on June 30 of each year. Upon the expiration of their original terms of office, each succeeding term shall be for three (3) years and until their successor qualify for office. Section 3. Attendance at Commission meetings is imperative, and acceptance of appointment constitutes an obligation to attend and participate in monthly meetings to the fullest extent. Three (3) consecutive absences or 4 absences in any 12 month period, except in the case of illness or emergency, will constitute a resignation or subsequent removal. Further, excessive partial attendance at meetings will be addressed on an individual basis, resulting in possible resignation or removal. Section 4. The Chairperson of the Board of Supervisors may, by and with consent of the Commission, on recommendation of the Commission, remove any member of the Commission for misconduct or neglect of duty. Section 5. Vacancies occasioned by removal, resignation, or otherwise shall be reported to the Board of Supervisors, and shall be filled in like manner as original appointments, except that the term of Office is restricted to the unexpired term of office. Section 6. Commission members hall serve without monetary compensation. Members shall be reimbursed for travel and subsistence to professional recreation meetings, conferences and workshops, and such reimbursement being made in compliance with the general policies of Roanoke County. Article 4 (lffi opnz Section 1. The Officers of the Commission shall be a Chairperson, a Vice - Chairperson, and a Secretary. The Officers shall be elected at the organization meeting in October to serve for one (1) year or until a Successor shall be elected. No officer shall serve more than two (2) consecutive terms. Section 2. The Commission shall adopt by -laws, rules and regulations governing its procedure and not inconsistent with the provisions of the State laws and the approved ordinance as set forth by the Roanoke County Board of Supervisors. Article 5 Meetings Section 1. Regular meetings shall be held the third Thursday of each month during the year. Section 2. Special meetings shall be called by the Chairperson or on the written request of at least two (2) members, the time and place to be designated in the notice of such call. Section 3. The time and place for the meeting shall be designated by the Chairperson. Section 4. The first regular meeting in October of each year shall be called the organizational meeting. The purpose of this meeting shall be the election of officers, the presentation of the annual report, reviewing the inventory report, and other business that may need to come before such meetings. Section 5. The majority of the members present in person at any duly constituted meeting shall have the full authority of the Commission, except the amendment of these By -Laws, and provided that no fewer than six (6) members shall constitute an annual meeting. Section 6. All meetings are open to the public. Section 7. Meetings shall be conducted in accordance with procedures prescribed in the By -Laws and decisions reach only after full consideration and debate on the issue in question. Section 8. The following shall be the order of business of the Commission, by the Rules of Order may be suspended and any matters considered or postponed by action of the Commission. Section 9. Order of Business a. Call to Order b. Roll Call c. Consideration of minutes of last regular meeting and of any special meetings held subsequently and their approval or amendment. d. Unfinished business e. Reports of standing committee f. Reports of special committee g. Reports of the Commission h. Report of the Chief Executive i. Petitions and communications j. New business k. Other business 1. Adjournment Article 6 Duties and Responsibilities of the Commission Section 1. The Parks and Recreation Commission shall make recommendations: for the establishment of a supervised recreation for the County; to set apart for use as parks, playground, recreation centers, water areas, or other recreation areas and structures, any lands or buildings owned by or leased to the County and for approval by the Board of Supervisors, and may suggest improvements of such lands, buildings, and structures as may be necessary to the recreation program within those funds allocated to the Department; in the construction, equipping, operation and maintenance of parks, playgrounds, recreation centers, and all buildings and structures necessary or useful to Department function; in regard to other recreation facilities which are owned or controlled by the Department of leased or loaned to the Department. Section 2. The Commission shall advise in the acceptance by the County of any grant, gift, bequest or Donations, any personal or real property or made available for recreation purposes and which is judged to be of present or possible future use for recreation or parks. Section 3. Additional personnel will be added by the Director, contingent upon appropriate funding in the Budget. Section 4. Interpret the recreation and park services of the Department to the community and interpret the Needs and desires of the community to the Board of Supervisors. Section 5. Determine and establish the general policies to be followed in carrying out the purpose for which The Commission was established. Section 6. Financial Duties and Responsibilities: The Commission shall have no authority to enter into any Contract or incur any obligation binding the governing body of Roanoke County. a. The Commission and the Parks and Recreation Director shall prepare and recommend to the County Administrator an annual budget sufficient to finance the program of Recreation and Parks the Commission feels is necessary for the welfare of the residents of the County of Roanoke. The budget shall be submitted to the County Administrator to hear the requests. b. The Commission shall annually recommend to the Board of Supervisors a budget for capital improvements (acquisition and development) in accordance with the Master Plan for Parks and Recreation for the County. Section 7. Planning Duties and Responsibilities: a. Prepare a Master Plan in cooperation with the Planning Commission for the acquisition and development of an adequate system of parks, facilities, and recreation programs for the residents of the County of Roanoke and update same yearly, consistent with the County's Master Plan. b. Investigate and determine the needs and interest of the community for recreation facilities and programs and recommend a recreation program to meet these needs. Article 7 Section 1. Director's Relationship: The Director shall have a continuing responsibility to explain the organization, responsibilities, and working relations to the Commission, explain program objectives to them in details of organization, and assist in all matters of interest to the operation of the efficient program. He is an ex- officio member (by virtue of this office) and attends committee meetings. He keeps the Commission informed concerning the interests, needs, objectives, progress, plans and other factors of importance to them. The Director shall be the official medium of communication between the employees of the Parks and Recreation Department and the Commission. Section 2. Chairperson: The Chairperson shall preside at all meetings, sign official papers, appoint committees, call special meetings when he /she deems it advisable, and perform all such duties as usually handled by a chairperson, except when such duties are properly delegated. The Chair Person may succeed himself and shall be elected from among the members who have served more Than one (1) year. Section 3. Vice - Chairperson: The Vice - Chairperson of the Commission in the absence of the Chairperson Shall perform all the duties of the Chairperson. In the absence of both the Chairperson and Vice - Chairperson, the Commission shall elect a Chairperson Pro Tempore who shall perform the duties Chairperson. The Vice - Chairperson shall be charged with the responsibility to see that all standing and temporary committees function as planned by the Commission. Section 4. Secretary: The Secretary shall perform the usual duties pertaining to the office. The Secretary Shall keep or cause to be kept a full and true permanent record of all meetings of the Commission. This includes regular meetings plus reports of standing committees and shall be the custodian of all documents committed to his care. The Secretary shall issue or cause to be issued notices of the regular and special meetings. Also, the Secretary must issue minutes of the previous meeting to the Commission prior to the meetings. Article 8 The Parks and Recreation Commission shall make full and complete reports to the governing body At such times as may be requested and at such other time as to the governing body may seem proper. The fiscal year of the Commission shall conform to that of the governing body of Roanoke County. Article 9 AmPndmPntc These By -Laws may be amended by the membership of the Commission at a meeting at which There is a quorum, held after reasonable notice to the members of the Commission and upon Concurrence of the Roanoke County Board of Supervisors. APPROVED BY: DATE Chairperson, Parks & Recreation Commission 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: June 11, 2013 AGENDA ITEM: Confirmation of appointments to the Clean Valley Council; Board of Zoning Appeals (appointed by District) SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMAmnON: '1. Clean Valley Council: During the closed session on May 14, 2013, the Board of Supervisors recommended the reappointment of Theresa Passeretti as Board Liaison to an additional two -year appointment to expire June 30, 2015. The clerk to the Board has contacted Mrs. Passeretti who advised she is willing to serve an additional term. 2. Board of Zoning appeals (appointed by District) The five -year term of Richard Jones, representing the Catawba Magisterial District was due to expire on June 30, 2013. During the May 28, 2013, Board Meeting, Supervisor Church requested the Clerk contact Mr. Jones to see if he would be willing to serve an additional five -year term. Mr. Jones has agreed to an additional term, which will expire on June 30, 2018. Confirmation has been placed on this Consent Agenda for confirmation by the Board. Page 1 of 1 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Audited balance at June 30, 2012 Amount M -1 % of General Fund R evenue $ 20 572, 318 1 0.67% * Balance at June 11, 2013 $ 20,572,318 1 0.70% ** Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 201 1 -12 -Goal of 11 % of General Fund Revenues 2011-12 General Fund Revenues 11 % of General Fund Revenues ** 2012 -13 - Goal of 11% of General Fund Revenues 2012 -13 General Fund Revenues 11% of General Fund Revenues $192 $21 $192 $21 The Unappropriated Fund Balance of the county is currently maintained at 10.70 %. The county's goal is to increase the balance over time to 11.0% Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County AdministratoG�0� M -2 COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County capital Reserve (Projects not in the CIP, architectural /engineering services, and other one -time expenditures.) Audited balance at June 36, 2612 October 2612 Fire Truck loan payment for 2612 -13 Addition of 2011 -12 operations Balance at June 11, 2013 Maior County Capital Reserve Amount $1 360, 666.60 1 $3 (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Audited balance at June 30, 2012 Balance at June 11, 2013 Submitted By Rebecca E. Owens Director of Finance $938,161.00 $938,161.00 Approved By B. Clayton Goodman III County Administratorw"� M-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2012-13 Original Budget $1 00,000.00 June 26, 2012 Appropriation for Legislative Liaison (32,400.00) August 14, 2012 Appropriation for relocation of three Roanoke County polling precincts (3,250.00) December 11, 2012 Appropriation for retiring debt of the Veteran's Monument at the Vinton (5 War Memorial April 9, 2013 Appropriation for Bent Mountain Community Center (4 May 14, 2013 Appropriation for Democratic Primary Election June 11, 2013 (20,015.00) Balance at June 11, 2013 $ 35 Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County AdministratorW� 1� AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 11, 2013 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Page 1of1