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7/9/2013 - Regular
Roanoke County Board of Supervisors July 9, 2013 INVOCATION: Dr. Maurita Wiggins Valley Community Church PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: l start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of Page 1 of 5 Roanoke County Board of Supervisors Agenda July 9, 2013 Good afternoon and welcome to our meeting for July 9, 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 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. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Sue Smith, Communications Officer, upon her retirement after more than twenty-seven (27) years of service (Bill Hunter, Director of Communications and Information Technology) D. BRIEFINGS E. NEW BUSINESS 1. Resolution of the Board of Supervisors of the County of Roanoke, Virginia declaring its intention to reimburse itself from the proceeds of a financing for certain costs of the Glenvar High School Renovation Project (Rebecca Owens, Director of Finance) Page 2 of 5 2. Reappointment of Special Assistant for Legislative Relations; authorization to continue an agreement and transfer of previously appropriated funds in the amount of $32,400 (Katherine Jones, Senior Assistant County Attorney) F. FIRST READING OF ORDINANCES 1. Ordinance approving agreements between the County of Roanoke and Roanoke County Schools for use of space on tower sites for County Schools radio equipment and accepting and appropriating six hundred dollars ($600) to the County radio replacement fund (Bill Hunter, Director of Communications and Information Technology) 2. Ordinance appropriating $4,256.70 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2012/2013 (Rebecca Owens, Director of Finance) 3. Ordinance appropriating $380,000 to the Social Services budget for fiscal year 2012-2013 (W. Brent Robertson, Director of Management and Budget) 4. Ordinance of the Board of Supervisors of the County of Roanoke, Virginia, authorizing the issuance and sale of its General Obligation Refunding Bond and appropriating anticipated upfront savings of approximately $508,000 to Solid Waste Department (Rebecca Owens, Director of Finance) 5. Ordinance appropriating $65,000 to General Services capital maintenance account for repairs at the Roanoke County Courthouse Complex (Anne Marie Green, Director of General Services) G. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Economic Development Authority (EDA)(appointed by District) 3. Parks, Recreation and Tourism Advisory Commission (appointed by District) 4. Social Services Advisory Board (appointed by District) Page 3 of 5 H. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Jane B. Powell, Land Use Compliance Coordinator, upon her retirement after more than eighteen (18) years of service 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Joanne S. Jackson, Senior Library Assistant, upon her retirement after more than twenty-five (25) years of service 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Janet L. Cundiff, Deputy Clerk Circuit Court III, after her retirement after more than eight (8) years of service 4. Request to approve the renewal of the Memorandum of Understanding between the Town of Vinton and County of Roanoke for Emergency 911 Services 5. Confirmation of appointments to the Social Services Advisory Board 6. Resolution establishing an advisory citizen committee known as the Roanoke County Stormwater Advisory Committee I. REQUESTS FOR WORK SESSIONS J. REQUESTS FOR PUBLIC HEARINGS 1. Request for public hearing to establish the Roanoke Valley Broadband Authority (B. Clayton Goodman III, County Administrator) K. L. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency Page 4 of 5 4.io Policy as of May 31, 2013 M. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. 2. Charlotte A. Moore 3. Richard C. Flora 4. 5. Michael W. Altizer N. WORK SESSIONS 1. Work session to discuss recycling (Anne Marie Green, Director of General Services) O. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.1, Personnel, namely discussion concerning appointments to the Stormwater Committee P. CERTIFICATION RESOLUTION Q. ADJOURNMENT Page 5 of 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 9, 2013 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO SUSAN M. SMITH, COMMUNICATIONS OFFICER II, UPON HER RETIREMENT AFTER TWENTY-SEVEN (27) YEARS OF SERVICE WHEREAS, Susan M. Smith was hired on May 31, 1986, and has worked as a Dispatcher, Communications Officer, Lead Communications Officer and Communications Officer II during her tenure with Roanoke County; and WHEREAS, Ms. Smith retired on June 1, 2013, after twenty-seven (27) years of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Ms. Smith, who began her career working for the Sheriff before there was a 911 system in Roanoke, has supported both citizens and first responders through fire, floods and earthquakes as the calm reassuring voice behind the radio and telephone. Ms. Smith has been a trainer and mentor to a whole new generation of Communications Officers, participating in their selection, background investigations, and both classroom and on-the-job training. Her knowledge and professionalism have been recognized by her peers, police, fire and the American Red Cross. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of SUSAN M. SMITH Roanoke County to, for twenty-seven (27) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 9, 2013 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR CERTAIN COSTS OF THE GLENVAR HIGH SCHOOL RENOVATION PROJECT The Board of Supervisors of the County of Roanoke, Virginia (the “County”) have determined that it may be necessary or desirable to advance money to pay the costs associated with the Glenvar High School Renovation Project (the “Project”). NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made to pay the costs of designing, acquiring, constructing and equipping the Project from the proceeds of its debt or other financing. 3. This resolution shall take effect immediately upon its adoption. 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Lewis Mountain towers required for implementation of the school system’s new digital radio system; and WHEREAS, the County School Board for Roanoke County will reimburse Roanoke County for the additional electricity and maintenance expenses at the two (2) tower sites; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on July 9, 2013, and the second reading was held on July 23, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the agreements between Roanoke County and County School Board for Roanoke County for the use of the Crowell’s Gap and Ft. Lewis Mountain towers is hereby approved. Page 1 of 2 2. That the sum of $600 is hereby accepted and appropriated to the County’s Radio Replacement Fund (463010) to offset costs incurred for maintaining the radio system. 3. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 County of Roanoke CommIT 5925 Cove Road Roanoke, Virginia 24019 ANTENNA SITE USE AGREEMENT This Antenna Site Use Agreement (“Agreement”) for Crowell’s Gap is entered into this ____day of ___________, 2013 between Roanoke, County, Virginia (“County”) and Roanoke County CO Schools (“CO Schools”). For good and valuable consideration, the parties hereto agree as follows: Premises. 1. County is the owner of a telecommunications tower (the “Tower”) and an equipment shelter (“The Shelter’) located on a parcel of land (“Land”) as described on Exhibit A annexed hereto (the Tower, the Shelter and the Land are collectively the “Property”). County Schools desire to use space within the Shelter and space upon the Tower (collectively, the “Premises”) in such amounts and in such locations as described on Exhibit B annexed hereto, subject to the terms and conditions of this Agreement. USE. 2. The premises shall be used by CO Schools for the transmission and reception of radio communication signals on various frequencies and for the installation, maintenance and operation of necessary facilities, including, but not limited to, transceivers and antennas. County agrees to cooperate with CO Schools in obtaining at CO School’s expense any licenses, permits and other approvals required for CO School’s use of the Premises. Term. 3. This Agreement shall be for an initial period of one (1) years (“Initial Term”) commencing on July 1, 2013 (“Commencement Date”). CO Schools shall have the right to extend the Initial term for two (2) successive five (5) year periods (each a “Renewal Term”) on This Agreement shall be automatically renewed for the terms and conditions set forth herein. each successive Renewal Term unless either County or CO Schools sends written notice of non-renewal to the other no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice to be provided in accordance with Paragraph 13 of this Agreement. Reimbursement. 4. (a) For the Initial Term, CO Schools shall pay County Twenty Five Dollars ($25.00) per month as a reimbursement for utilities and maintenance costs associated with upkeep of the premises and equipment. This Reimbursement shall be payable on the first day of each month in advance at the address set forth in Paragraph 13, or at the option of the CO Schools, as a lump sum due on July 1 of each term or renewal term of this agreement. (b) For any Renewal Term, Reimbursement will increase by no more that 10% percent during any 5 year period. Increase will be based on the current Consumer Price index during the five (5) year period. (c) County grants CO Schools the right to draw electricity from the existing electric supply within the Premises and the Building. 1 (d) If this Agreement is terminated prior to its expiration, reimbursement shall be prorated to the date of termination. Interference. 5. (a) CO Schools shall operate the School’s Facilities as defined in 6(a) in a manner that will not cause interference to County and any Lessees of the communications site; provided that their installation predates the CO School’s Facilities. All operations by CO Schools shall be lawful and in compliance with all FCC requirements. (b) Subsequent to the installation of the School’s Facilities, Roanoke County shall not permit its Lessees or licensees to install new equipment on the property if such is likely to cause interference with Roanoke County School operations. If any such interference occurs Roanoke County lessee shall immediately shut down any on site equipment causing such interference. Roanoke County Lessee shall have 60 days to rectify such problems causing interference and at no time shall Roanoke County Lessees use such equipment until interference is corrected. If such use occurs other than for testing it shall be deemed a material breach by Roanoke County. In the event any such interference occurs, CO Schools will be notified by phone or email at Roanoke County Schools Administration Office. CO Schools shall have the right, in addition to any other rights that it may have at law or in equity, to terminate this Agreement. Improvements; Liability; Utilities; Access. 6. (a) CO Schools has the right to erect, maintain, and operate on the Premises radio communications facilities, including, but not limited to, transmitters and receivers and all related equipment, radio transmitting and receiving antennas and supporting structures thereto (“Lessee Facilities”). In connection therewith, CO Schools has the right to do all work necessary to prepare, maintain and alter the Premises for CO School’s business operations and to install transmission lines, connecting the antennas to the transmitters and receivers. All of CO School’s installation work shall be performed at CO School’s sole cost and expense and in a good and workmanlike manner in accordance with CO School’s specifications. Title to the CO School’s Facilities shall be in CO Schools. CO Schools has the right to remove all CO Schools Facilities at its sole expense on or before the expiration or earlier termination of the term, provided CO Schools repairs any damage to the Premises cause by such removal. (b) CO Schools has the right to improve the present utilities on the Premises and to install new utilities (including, but not limited to, standby power generator for School’s exclusive use at a location on the Property acceptable to both parties). CO Schools also has the right to bring utilities across the Property in order to service the Premises. County shall, at School’s request, execute necessary documents evidencing such utility easement rights. (c) County shall provide to CO Schools, School’s employees, agents and subcontractors access over the Property to the Premises 24 hours a day, 7 days a week, at no charge to lessee. Termination. This Agreement may be terminated without further liability on (30) days prior 7. notice as follows: (a) by either party upon a default of any covenant or term hereof by the other party, which default is not cured with sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice: (b) by CO Schools if it does not obtain or maintain any license, permit or other approval necessary to the installation and operation of the CO Schools Facilities: or (c) by CO Schools if CO Schools determines that the Premises are not appropriate for is operations County may for economic or technological reasons, including signal interference: or (d)The terminate this Agreement for cause if the County determines that the CO School’s actions pose a risk in violation of any federal or state law, regulation or ordinance applicable to public health, safety or welfare in written notice, or if the CO School’s actions result in the issuance of a legal Notice of Violation of any public health, safety or welfare law, regulation or ordinance and CO Schools is unable to cure the conditions specified in the County’s notice or the legal Notice of Violation within the time prescribed therein, then County may Furthermore, immediately terminate this Agreement, by written notice to the CO Schools this agreement must automatically terminate coincident with Roanoke County, Virginia’s lease of said property. Taxes. 8. If personal property taxes are assessed, CO Schools shall pay any portion of the taxes directly attributable to the Property. Insurance. 9. (a) CO Schools shall procure, maintain, and pay for a public liability policy, naming County as an additional insured, with limits of $1,000,000 for bodily injury. $1,000,000 for property damage, $2,000,000 aggregate, with a certificate of insurance to be furnished to County within 30 days of written request. Such policy shall provide that termination or cancellation will not occur without at least 15 days prior written notice to County. (b) Neither party shall be liable to the other (or to the other’s successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard fire insurance policy with an extended coverage endorsement. Destruction of Premises. If the Premises or Facilities are destroyed or damaged, CO 10. Schoolsmay elect to terminate this Agreement as of the date of the damage or destruction by notice given to County no more than forty-five (45) days following the date of any such damage or destruction. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction. Condemnation. 11. (a) If a condemning authority takes all of the Property, or a portion sufficient to render the Premises unsuitable for CO School’s use, this Agreement shall terminate as of the date the title vests in the condemning authority. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of power shall be deemed a taking by condemnation. (b) CO Schools may claim and recover from the condemning authority an award for CO School’s moving expenses, business dislocation damages, CO School’s personal property and fixtures and the unamortized costs of any improvements paid for by CO Schools. Hold Harmless. CO Schools agrees to hold County harmless from any and all claims 12. arising from the installation, use, maintenance, repair or removal of the CO Schools Facilities, except for claims arising from the negligence of County, its Employees, agents or independent contractors. This paragraph shall not be deeded a waiver of any sovereign immunity or other immunity which either party to this agreement may be entitled to claim. Notices. 13. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, sent by facsimile or by and overnight courier providing proof of service, or mailed, certified mail, return receipt requested, to the following addresses: If to County: County of Roanoke, Virginia P.O. BOX 29800 Roanoke, Virginia 24018-0798 Attention: Director of General Services If to CO Schools: RoanokeCounty Schools Cove Rd Roanoke, Virginia 24019 Attention: Marty Misicko Title and Quiet Enjoyment: County warrants that it has full right, power, and CO Schools to 14. execute this Agreement and has good and marketable title to the Property. County further warrants that CO Schools shall, provided CO Schools is not in material default, have the quiet enjoyment of the Premises. Assignment. 15. Either party may, upon notice to the other party, assign or transfer its rights and obligations arising under this Agreement to any of its governmental entities or affiliates, or to a successor by consolidation or merger. In all other instances either party may assign or transfer its rights and obligations only upon written consent of the other party, which consent shall not be withheld or delayed unreasonably. Successors and Assigns. 16. This Agreement shall run with the Land, described on Exhibit A. CO Schools shall have the right to submit this Agreement for recordation to the appropriate governmental agency having jurisdiction over the Property. This Agreement shall be binding upon and insure to the benefit of the parties, their respective successors and assigns. Waiver of County’s Lien. 17. County waives any lien rights it may have concerning the CO Schools Facilities which are deemed CO Schools’s personal property; and CO Schools has the right to remove the same at any time without County’s consent. Tower Marking and Lighting Requirements. 18. County acknowledges that it, and not CO Schools, shall be responsible for compliance with all tower or building marking and lighting requirements of the Federal Aviation Administration (“FAA”) or the Federal Communications Commission (“FCC”). County shall indemnify and hold CO Schools harmless from any fines or other liabilities caused by County’s failure to comply with such requirements. Should CO Schools be cited by either the FCC or FAA because this site is not in compliance and should County fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, CO Schools may either terminate this Agreement immediately on notice to County or proceed to cure the conditions of noncompliance at County’s expense. Miscellaneous. 19. a. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understanding of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. b. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Dated as of the date first above written. County of Roanoke, Virginia ATTEST/WITNESS: By:_______________________ Its:_______________________ _______________________ Roanoke County Schools, Virginia ATTEST/WITNESS: By:_______________________ _______________________ Its:_______________________ STATE OF _______________________ ) CITY/COUNTY OF ________________ ) On this ___day of ____________,2013 before me, a Notary Public in and for the Commonwealth of Virginia, personally appeared ____________________ and acknowledged the said Agreement to be for use and purpose therein mentioned, and on oath stated he/she __________ was authorized to execute said Agreement. WITNESS my hand and the official seal affixed the day and year first above written. ________________________________ Notary Public NRN My Commission expires: ____________ STATE OF _______________________ ) CITY/COUNTY OF ________________ ) On this ___day of ____________,2013 before me, a Notary Public in and for the Commonwealth of Virginia, personally appeared ____________________ and acknowledged the said Agreement to be for use and purpose therein mentioned, and on oath stated he/she __________ was authorized to execute said Agreement. WITNESS my hand and the official seal affixed the day and year first above written. ________________________________ Notary Public NRN My Commission expires: ____________ Exhibit A The Property location is a parcel of land lying atop of the geographical location known as Crowells Gap. A TOP CROWELL’S GAP at 1000 High Rock Road. The Geodetic coordinates of the Property are as follows: 37 Degrees – 11’ – 27.0” N. Latitude 79 Degrees – 53” – 39.0” W. Longitude The telephone exchange of the Property is: 540-561-8054 EXHIBIT B The premises shall consist of the following: (a) floor space in the Shelter which floor space shall be sufficient in size to accommodate Lessee’s one (1) equipment cabinet, having a foot print of 48”Height X 24” Width 28”Depth’ together with clearance of approximately two feet in front and 1’ in rear of the cabinet to facilitate servicing the equipment. (b) space on the Tower at the approximate height of 50 feet for one (1) antenna mount for the installation of radio transmitting and receiving antenna, and for one 1 5/8” or smaller cable run, space on Ice bridge for two (2) UHF Link Antenna. The exact location of the antenna mounts shall be determined jointly by the parties after a physical inspection of the site by CO & School’s engineers. County of Roanoke CommIT 5925 Cove Road Roanoke, Virginia 24019 ANTENNA SITE USE AGREEMENT This Antenna Site Use Agreement (“Agreement”) for Ftlewis is entered into this ____day of ___________, 2013 between Roanoke, County, Virginia (“County”) and Roanoke County CO Schools (“CO Schools”). For good and valuable consideration, the parties hereto agree as follows: Premises. 1. County is the owner of a telecommunications tower (the “Tower”) and an equipment shelter (“The Shelter’) located on a parcel of land (“Land”) as described on Exhibit A annexed hereto (the Tower, the Shelter and the Land are collectively the “Property”). County Schools desire to use space within the Shelter and space upon the Tower (collectively, the “Premises”) in such amounts and in such locations as described on Exhibit B annexed hereto, subject to the terms and conditions of this Agreement. USE. 2. The premises shall be used by CO Schools for the transmission and reception of radio communication signals on various frequencies and for the installation, maintenance and operation of necessary facilities, including, but not limited to, transceivers and antennas. County agrees to cooperate with CO Schools in obtaining at CO School’s expense any licenses, permits and other approvals required for CO School’s use of the Premises. Term. 3. This Agreement shall be for an initial period of one (1) years (“Initial Term”) commencing on July 1, 2013 (“Commencement Date”). CO Schools shall have the right to extend the Initial term for two (2) successive five (5) year periods (each a “Renewal Term”) on This Agreement shall be automatically renewed for the terms and conditions set forth herein. each successive Renewal Term unless either County or CO Schools sends written notice of non-renewal to the other no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice to be provided in accordance with Paragraph 13 of this Agreement. Reimbursement. 4. (a) For the Initial Term, CO Schools shall pay County Twenty Five Dollars ($25.00) per month as a reimbursement for utilities and maintenance costs associated with upkeep of the premises and equipment. This Reimbursement shall be payable on the first day of each month in advance at the address set forth in Paragraph 13, or at the option of the CO Schools, as a lump sum due on July 1 of each term or renewal term of this agreement. (b) For any Renewal Term, Reimbursement will increase by no more that 10% percent during any 5 year period. Increase will be based on the current Consumer Price index during the five (5) year period. (c) County grants CO Schools the right to draw electricity from the existing electric supply within the Premises and the Building. 1 (d) If this Agreement is terminated prior to its expiration, reimbursement shall be prorated to the date of termination. Interference. 5. (a) CO Schools shall operate the School’s Facilities as defined in 6(a) in a manner that will not cause interference to County and any Lessees of the communications site; provided that their installation predates the CO School’s Facilities. All operations by CO Schools shall be lawful and in compliance with all FCC requirements. (b) Subsequent to the installation of the School’s Facilities, Roanoke County shall not permit its Lessees or licensees to install new equipment on the property if such is likely to cause interference with Roanoke County School’s operation. If any such interference occurs Roanoke County Lessee shall immediately shut down any on site equipment causing such interference. Roanoke County Lessee shall have 60 days to rectify such problems causing interference and at no time shall Roanoke County Lessee use such equipment until interference is corrected. If such use occurs other than for testing it shall be deemed a material breach by Roanoke County. In the event any such interference occurs, CO Schools will be notified by phone or email at Roanoke County Schools Administration Office. CO Schools shall have the right, in addition to any other rights that it may have at law or in equity, to terminate this Agreement. Improvements; Liability; Utilities; Access. 6. (a) CO Schools has the right to erect, maintain, and operate on the Premises radio communications facilities, including, but not limited to, transmitters and receivers and all related equipment, radio transmitting and receiving antennas and supporting structures thereto (“Lessee Facilities”). In connection therewith, CO Schools has the right to do all work necessary to prepare, maintain and alter the Premises for CO School’s business operations and to install transmission lines, connecting the antennas to the transmitters and receivers. All of CO School’s installation work shall be performed at CO School’s sole cost and expense and in a good and workmanlike manner in accordance with CO School’s specifications. Title to the CO School’s Facilities shall be in CO Schools. CO Schools has the right to remove all CO Schools Facilities at its sole expense on or before the expiration or earlier termination of the term, provided CO Schools repairs any damage to the Premises cause by such removal. (b) CO Schools has the right to improve the present utilities on the Premises and to install new utilities (including, but not limited to, standby power generator for School’s exclusive use at a location on the Property acceptable to both parties). CO Schools also has the right to bring utilities across the Property in order to service the Premises. County shall, at School’s request, execute necessary documents evidencing such utility easement rights. (c) County shall provide to CO Schools, School’s employees, agents and subcontractors access over the Property to the Premises 24 hours a day, 7 days a week, at no charge to lessee. Termination. This Agreement may be terminated without further liability on (30) days prior 7. notice as follows: (a) by either party upon a default of any covenant or term hereof by the other party, which default is not cured with sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice: (b) by CO Schools if it does not obtain or maintain any license, permit or other approval necessary to the installation and operation of the CO Schools Facilities: or (c) by CO Schools if CO Schools determines that the Premises are not appropriate for is operations County may for economic or technological reasons, including signal interference: or (d)The terminate this Agreement for cause if the County determines that the CO School’s actions pose a risk in violation of any federal or state law, regulation or ordinance applicable to public health, safety or welfare in written notice, or if the CO School’s actions result in the issuance of a legal Notice of Violation of any public health, safety or welfare law, regulation or ordinance and CO Schools is unable to cure the conditions specified in the County’s notice or the legal Notice of Violation within the time prescribed therein, then County may Furthermore, immediately terminate this Agreement, by written notice to the CO Schools this agreement must automatically terminate coincident with Roanoke County, Virginia’s lease of said property. Taxes. 8. If personal property taxes are assessed, CO Schools shall pay any portion of the taxes directly attributable to the Property. Insurance. 9. (a) CO Schools shall procure, maintain, and pay for a public liability policy, naming County as an additional insured, with limits of $1,000,000 for bodily injury. $1,000,000 for property damage, $2,000,000 aggregate, with a certificate of insurance to be furnished to County within 30 days of written request. Such policy shall provide that termination or cancellation will not occur without at least 15 days prior written notice to County. (b) Neither party shall be liable to the other (or to the other’s successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard fire insurance policy with an extended coverage endorsement. Destruction of Premises. If the Premises or Facilities are destroyed or damaged, CO 10. Schoolsmay elect to terminate this Agreement as of the date of the damage or destruction by notice given to County no more than forty-five (45) days following the date of any such damage or destruction. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction. Condemnation. 11. (a) If a condemning authority takes all of the Property, or a portion sufficient to render the Premises unsuitable for CO School’s use, this Agreement shall terminate as of the date the title vests in the condemning authority. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of power shall be deemed a taking by condemnation. (b) CO Schools may claim and recover from the condemning authority an award for CO School’s moving expenses, business dislocation damages, CO School’s personal property and fixtures and the unamortized costs of any improvements paid for by CO Schools. Hold Harmless. CO Schools agrees to hold County harmless from any and all claims 12. arising from the installation, use, maintenance, repair or removal of the CO Schools Facilities, except for claims arising from the negligence of County, its Employees, agents or independent contractors. This paragraph shall not be deeded a waiver of any sovereign immunity or other immunity which either party to this agreement may be entitled to claim. Notices. 13. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, sent by facsimile or by and overnight courier providing proof of service, or mailed, certified mail, return receipt requested, to the following addresses: If to County: County of Roanoke, Virginia P.O. BOX 29800 Roanoke, Virginia 24018-0798 Attention: Director of General Services If to CO Schools: RoanokeCounty Schools Cove Rd Roanoke, Virginia 24019 Attention: Marty Misicko Title and Quiet Enjoyment: County warrants that it has full right, power, and CO Schools to 14. execute this Agreement and has good and marketable title to the Property. County further warrants that CO Schools shall, provided CO Schools is not in material default, have the quiet enjoyment of the Premises. Assignment. 15. Either party may, upon notice to the other party, assign or transfer its rights and obligations arising under this Agreement to any of its governmental entities or affiliates, or to a successor by consolidation or merger. In all other instances either party may assign or transfer its rights and obligations only upon written consent of the other party, which consent shall not be withheld or delayed unreasonably. Successors and Assigns. 16. This Agreement shall run with the Land, described on Exhibit A. CO Schools shall have the right to submit this Agreement for recordation to the appropriate governmental agency having jurisdiction over the Property. This Agreement shall be binding upon and insure to the benefit of the parties, their respective successors and assigns. Waiver of County’s Lien. 17. County waives any lien rights it may have concerning the CO Schools Facilities which are deemed CO Schools’s personal property; and CO Schools has the right to remove the same at any time without County’s consent. Tower Marking and Lighting Requirements. 18. County acknowledges that it, and not CO Schools, shall be responsible for compliance with all tower or building marking and lighting requirements of the Federal Aviation Administration (“FAA”) or the Federal Communications Commission (“FCC”). County shall indemnify and hold CO Schools harmless from any fines or other liabilities caused by County’s failure to comply with such requirements. Should CO Schools be cited by either the FCC or FAA because this site is not in compliance and should County fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, CO Schools may either terminate this Agreement immediately on notice to County or proceed to cure the conditions of noncompliance at County’s expense. Miscellaneous. 19. a. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understanding of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. b. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Dated as of the date first above written. County of Roanoke, Virginia ATTEST/WITNESS: By:_______________________ Its:_______________________ _______________________ Roanoke County Schools, Virginia ATTEST/WITNESS: By:_______________________ _______________________ Its:_______________________ STATE OF _______________________ ) CITY/COUNTY OF ________________ ) On this ___day of ____________,2013 before me, a Notary Public in and for the Commonwealth of Virginia, personally appeared ____________________ and acknowledged the said Agreement to be for use and purpose therein mentioned, and on oath stated he/she __________ was authorized to execute said Agreement. WITNESS my hand and the official seal affixed the day and year first above written. ________________________________ Notary Public NRN My Commission expires: ____________ STATE OF _______________________ ) CITY/COUNTY OF ________________ ) On this ___day of ____________,2013 before me, a Notary Public in and for the Commonwealth of Virginia, personally appeared ____________________ and acknowledged the said Agreement to be for use and purpose therein mentioned, and on oath stated he/she __________ was authorized to execute said Agreement. WITNESS my hand and the official seal affixed the day and year first above written. ________________________________ Notary Public NRN My Commission expires: ____________ Exhibit A The Property location is a parcel of land lying atop of the geographical location known as Ftlewis Mtn. Roanoke County, Virginia. The Geodetic coordinates of the Property are as follows: 37 Degrees – 18’ – 32.1” N. Latitude 80 Degrees – 09” – 35.2” W. Longitude The telephone exchange of the Property is: 540-561-8055 EXHIBIT B The premises shall consist of the following: (a) floor space in the Shelter which floor space shall be sufficient in size to accommodate Lessee’s one (1) equipment cabinet, having a foot print of 48”Height X 24” Width 28”Depth’ together with clearance of approximately two feet in front and 1’ in rear of the cabinet to facilitate servicing the equipment. (b) space on the Tower at the approximate height of 50 feet for one (1) antenna mount for the installation of radio transmitting and receiving antenna, and for one 1 5/8” or smaller cable run, space on Ice bridge for two (2) UHF Link Antenna. The exact location of the antenna mounts shall be determined jointly by the parties after a physical inspection of the site by CO & School’s engineers. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 9, 2013 ORDINANCE APPROPRIATING $4,256.70 TO THE CLERK OF THE CIRCUIT COURT FROM THE COMMONWEALTH OF VIRGINIA FOR FISCAL YEAR 2012/2013 FOR TECHNOLOGY TRUST FUNDS WHEREAS, Technology Trust Funds, representing fees collected by the Roanoke County Circuit Court Clerk’s Office in the amount of $4,256.70 have been received from the Commonwealth of Virginia earmarked for the purpose of maintenance; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on July 9, 2013, and the second reading was held on July 23, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $4,256.70 is hereby appropriated from the Commonwealth of Virginia to the Clerk of the Circuit Court for maintenance purposes for fiscal year 2012/2013; and 2. That this ordinance shall apply to fiscal year 2012/2013. 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, JULY 9, 2013 ORDINANCE APPROPRIATING $380,000 TO THE SOCIAL SERVICES BUDGET FOR FISCAL YEAR 2012-2013 WHEREAS, The Department of Social Services receives throughout the year additional appropriations for public assistance, services delivery and administrative costs; and WHEREAS, The State has made available additional appropriations of $345,000 for adoption assistance and $35,000 for staff and operations; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on July 9, 2013, and the second reading was held on July 23, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $380,000 is hereby appropriated from the sources and for the purposes as follows: $345,000 to Adoption Subsidy (602000-5771), $4,000 to Postage (601000-5210), $3,000 to Gas, Oil and Grease (601000-6080), $2,000 to Tires, Tubes and Parts (601000-6091), $1,000 to Lease of Equipment (601000-5410), $3,000 to Office Supplies (601000-6010), $2,000 to Copy Paper (601000-6018), $2,000 to Small Equipment & Supplies (601000- 6013), $2,000 to Stand By (601000-1045) and $16,000 to miscellaneous Page 1 of 2 operating costs (601000-5850) and to appropriate same revenues from the State. 2. That this ordinance shall take effect for fiscal year 2012-2013. 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, JULY 9, 2013 ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING THE ISSUANCE AND SALE OF ITS GENERAL OBLIGATION REFUNDING BOND AND APPROPRIATING ANTICIPATED UPFRONT SAVINGS OF APPROXIMATLEY $508,000 TO SOLID WASTE DEPARTMENT WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County") has determined that it is advisable to issue its general obligation refunding bond (the "Bond") to refund all or a portion of the County's outstanding $27,410,000 General Obligation Refunding Bonds, Series 2003 (the "Refunded Bonds"); and WHEREAS, first reading of this ordinance was held on July 9, 2013, and the second reading was held on July 23, 2013; and WHEREAS, the Bond is to be issued on the terms set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1.Authorization of the Bonds and Use of Proceeds. The Board of Supervisors of the County (the "Board") hereby determines that it is advisable to contract a debt and to issue and sell the Bond in the maximum principal amount of $__________. The Board hereby authorizes and approves of the issuance and sale of the Bond. The County shall use the proceeds from the issuance and sale of the Bond to refund the outstanding principal amount of the Refunded Bonds and to pay all or a portion of the costs of the issuance of the Bond. It is anticipated that the upfront savings from the refunding will be $508,000 and shall be appropriated to the Solid Waste Department for the purchase of solid waste vehicles. Page 1 of 5 2.Pledge of Full Faith and Credit. The full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bond as the same become due and payable. The Board shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Bond as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 3.Details of the Bond. The Bond shall be issued on the terms set forth in the proposal of Wells Fargo dated June 28, 2013, which proposal is hereby accepted, and on such other terms as may be determined in the manner set forth in this Resolution. The Bond shall be issued in fully registered form, shall be dated the date of issuance and delivery (or such other date as may be approved by the County Administrator of the County (the "County Administrator")), and shall be in the form of a single bond equal to its principal amount. The Board hereby authorizes the County Administrator, the Chairman of the Board (the "Chairman"), and the Vice Chairman of the Board (the "Vice Chairman"), or any of them, to approve the final terms of the Bond, including the principal amount of the Bond and the interest rate thereon; provided, however, that the principal amount of the Bond shall not exceed the amount set forth in paragraph 1 of this Resolution and the interest rate shall result in net present value debt service savings equal to at least three percent (3.0%) of the refunded principal amount. The approval of the final terms and conditions of the Bond subject to the foregoing parameters shall be evidenced conclusively by the execution and delivery of the Bond. Page 2 of 5 4.Form of Bond. The Bond shall be in a form approved by the Chairman or the Vice Chairman, in consultation with the County Administrator and the Director of Finance, which approval shall be evidenced by the execution and delivery thereof by the Chairman or Vice Chairman. There may be endorsed on the Bond such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 5.Appointment of Bond Registrar and Paying Agent. The Board hereby authorizes and directs the County Administrator to appoint a Bond Registrar and Paying Agent for the Bond. The County Administrator may appoint a subsequent registrar and/or one or more paying agents for the Bond by giving written notice to the owner of the Bond specifying the name and location of the principal office of any such registrar or paying agent. 6.Execution of the Bond. The Board hereby authorizes and directs the Chairman or Vice Chairman and the Clerk of the Board (the "Clerk") to execute the Bond and to affix the seal of the County thereto and to deliver the Bond to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman or Vice Chairman and the Clerk are both by facsimile, the Bond shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 7.Non-Arbitrage and Tax Covenants Certificate. The Board hereby authorizes and directs the County Administrator and such officers and agents of the County as he may designate to execute a Non-Arbitrage and Tax Covenants Certificate Page 3 of 5 setting forth the expected use and investment of the proceeds of the Bond and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Bond will be invested and expended as set forth in the County's Non-Arbitrage and Tax Covenants Certificate, to be delivered simultaneously with the issuance and delivery of such series of Bond and that the County shall comply with the other covenants and representations contained therein. 8.Payment of Refunded Bonds. (a) The Board hereby authorizes and directs the County Administrator to exercise his discretion in selecting the particular Refunded Bonds to be refunded (the "Refunded Bonds"); subject to the net debt service savings parameter set forth in paragraph 4. (b) The Board hereby authorizes and directs the County Administrator and the Director of Finance, either of whom may act, to apply the proceeds of the Bond to the redemption of the Refunded Bonds and to provide for the redemption of the Refunded Bonds. The redemption proceedings, including the giving of redemption notices to the holders of the Refunded Bonds, shall be done pursuant to the terms of the Refunded Bonds. Page 4 of 5 (c) The Board hereby authorizes the County Administrator to enter into an escrow agreement with an escrow agent to provide for the redemption of the Refunded Bonds if such escrow agreement is deemed advisable by the County Administrator. 9.Further Actions. The Board hereby authorizes and directs the Chairman, the Vice Chairman and the County Administrator and such officers and agents of the County as any of them may designate to take such further action as they deem necessary regarding the issuance and sale of the Bond and the refunding of the Refunded Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Bond are hereby ratified and confirmed. 10.Effective Date: Applicable Law. This Ordinance shall take effect immediately. Page 5 of 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 9, 2013 ORDINANCE APPROPRIATING $65,000 TO GENERAL SERVICES CAPITAL MAINTENANCE ACCOUNT FOR REPAIRS AT THE ROANOKE COUNTY COURTHOUSE COMPLEX WHEREAS, on July 9, 2013, the Board of Supervisors of Roanoke County heard a request to appropriate $65,000 from the Minor Capital Account to the General Services Capital Maintenance Account; and WHEREAS that request was made in order to repair the brick soffit at the Roanoke County Courthouse Complex; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on July 9, 2013, and the second reading was held on July 23, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $65,000 is hereby appropriated from the Minor Capital Account to the General Services capital maintenance account for the repairs to the brick soffit at the Roanoke County Courthouse Complex; and 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 1 H AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 9, 2013 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for July 9, 2013, designated as Item H - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Jane B. Powell, Land Use Compliance Coordinator, upon her retirement after more than eighteen (18) years of service 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Joanne S. Jackson, Senior Library Assistant, upon her retirement after more than twenty-five (25) years of service 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Janet L. Cundiff, Deputy Clerk Circuit Court III, after her retirement after more than eight (8) years of service 4. Request to approve the renewal of the Memorandum of Understanding between the Town of Vinton and County of Roanoke for Emergency 911 Services 5. Confirmation of appointments to the Social Services Advisory Board 6. e 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, JULY 9, 2013 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JANE B. POWELL, LAND USE COMPLIANCE COORDINATOR, UPON HER RETIREMENT AFTER MORE THAN EIGHTEEN (18) YEARS OF SERVICE WHEREAS, Jane B. Powell was hired on September 20, 1994, and has worked as an Instructor with Parks and Recreation, Customer Services Representative , Land Use Compliance Coordinator in the Real Estate Valuation Office during her tenure with Roanoke County; and WHEREAS, Ms. Powell retired on July 1, 2013, after eighteen (18)years and nine (9) months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Ms. Powell showed exemplary customer service skills as both a Customer Service Representative and Land Use Compliance Coordinator to both internal and external customers of the Real Estate Valuation Department. She made many visits to Land Use participant’s property and brought a true professionalism to her position. Many of the participants were on a first name basis with her as she guided many elderly land use participants through the revalidation process. Jane made countless roll back estimates for real estate closings concerning land use with no complaints at closing that the numbers were incorrect. She was a member of the VAAO during her entire career with the Real Estate Valuation Office. Jane served as a member of the Use Value Committee with distinction for four years. Jane also served on the Executive Committee for the county United Way Campaign for four years, and an Office Captain from the Real Estate Valuation Office for twelve years. During her years as an aerobics instructor for Roanoke County Parks and Recreation, she has Page 1 of 2 taught many county employees and gained quite a following for her classes. We will miss her weekly health tips for nutrition and exercise within our office; but mostly, we will miss Jane for who she is. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of JANE B. POWELL Roanoke County to for more than eighteen (18) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 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, JULY 9, 2013 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JOANNE S. JACKSON, SENIOR LIBRARY ASSISTANT, UPON HER RETIREMENT AFTER MORE THAN TWENTY-FIVE (25) YEARS OF SERVICE WHEREAS, Joanne S. Jackson was hired as a Library Page on August 24, 1987; and WHEREAS, during her tenure with Roanoke County, Ms. Jackson went on to hold a series of responsible positions, earning promotions to Library Assistant, and later to Senior Library Assistant; and WHEREAS, Ms. Jackson retired on July 1, 2013, after twenty-five (25) years and ten (10) months of devoted, positive and expert service with the County; and WHEREAS, throughout her employment, Ms. Jackson consistently showed herself to be an intelligent and resourceful staff member, devoting her best efforts to providing excellent customer service in whatever capacity she served; and WHEREAS, Ms. Jackson’s management skills were repeatedly demonstrated in her role as Senior Library Assistant at the Hollins Branch Library, during which time she worked seamlessly with several branch librarians, thereby guaranteeing the branch operated efficiently and maintained its reputation for having a proficient, friendly and knowledgeable staff; and WHEREAS, in 1993, Ms. Jackson provided stability and guidance throughout the long process of remodeling the library, ensuring that the branch never closed, despite extremely challenging circumstances; and WHEREAS, Ms. Jackson also willingly accepted additional duties within the library Page 1 of 2 system, most notably acting as the resident expert on the Roanoke Valley Library’s shared automation software, and even resolving functional or reporting issues for partner systems in the consortium; and WHEREAS, when it came time to prepare for the opening of the South County Library, Ms. Jackson again stepped forward and accepted a new set of responsibilities, helping to acquire and organize thousands of new materials for the collection prior to the library’s opening day; and WHEREAS, throughout all her years of service, Ms. Jackson has been a valued colleague and trusted friend to those who worked with her. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of JOANNE S. JACKSON Roanoke County to for more than twenty-five (25) of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 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, JULY 9, 2013 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JANET L. CUNDIFF, DEPUTY CIRCUIT COURT CLERK III, UPON HER RETIREMENT AFTER MORE THAN EIGHT (8) YEARS OF SERVICE WHEREAS, Janet L. Cundiff was hired on March 3, 2005, and has worked as a Deputy Circuit Court Clerk I, Deputy Circuit Court Clerk II and Deputy Circuit Court Clerk III during her tenure with Roanoke County; and WHEREAS, Ms. Cundiff retired on July 1, 2013, after eight (8) years and four (4) months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Ms. Cundiff handled many estate matters and law cases in a very compassionate, precise and professional manner, frequently earning the admiration and praise of the general public and her co-workers ; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of JANET L. CUNDIFF Roanoke County to for more than eight (8) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 1 ACTION NO. _______________ ITEM NO. _______H-6________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 9, 2013 AGENDA ITEM: Resolution establishing an advisory citizen committee known at Roanoke County Stormwater Advisory Committee (RCSAC) SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County is committed to involving its citizens in the development of projects and processes that impact their quality of life. The County is evaluating its stormwater management and related services to determine the best approaches to meet c needs and to meet the upcoming unfunded state and federal mandated stormwater requirements. Therefore, as a part of the ongoing evaluation of the best approaches to provide stormwater and related services, a Roanoke County Stormwater Advisory Committee (RCSAC) will be created to provide a means for key community stakeholders from the County of Roanoke and the Town of Vinton to be involved in the decision-making process. The attached resolution establishes the duties, responsibilities, membership and objectives of this citizens committee. STAFF RECOMMENDATION: Staff recommends the adoption of the attached resolution creating the Roanoke County Stormwater Advisory Committee. Page 1 of 1 ACTION NO. _______________ ITEM NO. _______H-6________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 9, 2013 AGENDA ITEM: Resolution establishing an advisory citizen committee known as Roanoke County Stormwater Advisory Committee (RCSAC) SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County is committed to involving its citizens in the development of projects and processes that impact their quality of life.The County is evaluating its stormwater management and related services to determine the best approaches to meet c needs and to meet the upcoming unfunded state and federal mandated stormwater requirements. Therefore, as a part of the ongoing evaluation of the best approaches to provide stormwater and related services, a Roanoke County Stormwater Advisory Committee (RCSAC) will becreated to provide a means for key community stakeholders from the County of Roanoke and the Town of Vinton to be involved in the decision-making process. The attached resolution establishes the duties, responsibilities, membership and objectives of this citizens committee. STAFF RECOMMENDATION: Staff recommends the adoption of the attached resolution creating the Roanoke County Stormwater Advisory Committee. 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, JULY 9, 2013 RESOLUTION ESTABLISHING AN ADVISORY CITIZEN COMMITTEE KNOWN AS THE “ROANOKE COUNTY STORMWATER ADVISORY COMMITTEE” (RCSAC) WHEREAS, Roanoke County is committed to involving its citizens in the development of projects and processes that impact their quality of life; and WHEREAS, the County is evaluating its stormwater management and related services to determine the best approaches to meet citizens’ needs and to meet the upcoming unfunded state and federal mandated stormwater requirements; and WHEREAS, Section 18.02 of the County Charter provides that the Board of Supervisors may establish such advisory boards and commissions as it deems necessary for the purposes of advising the board and the county administrator; and WHEREAS, as a part of the ongoing evaluation of the best approaches to provide stormwater and related services, a Roanoke County Stormwater Advisory Committee (RCSAC) will be formed to provide a means for key community stakeholders from the County of Roanoke and the Town of Vinton to be involved in the decision- making process. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia as follows: 1. That there is hereby established an advisory citizen committee known as the “Roanoke County Stormwater Advisory Committee” (RCSAC). 2. The objective of the RCSAC is to make recommendations on the following: Page 1 of 3 • Stormwater management priorities • Appropriate and affordable level of service • Level of interest in public participation in stormwater management program activities • Preliminary stormwater management needs assessments • Preliminary regulations and policies; Preliminary financial requirements and funding mechanisms. Members of the RCSAC will also represent the views of their constituencies, assist staff in its understanding of community goals and issues through open dialogue and discussion and assist staff in presenting RCSAC recommendations to the Board of Supervisors, when appropriate. The RCSAC is an advisory committee. Committee recommendations may be accepted, rejected, or accepted with modifications by the Board of Supervisors. 3. That Roanoke County staff will work with the RCSAC to reach the following objectives: • Educate the RCSAC on the County’s current and anticipated stormwater management program needs and expenses • Ensure that stakeholder concerns and views are identified, understood, and considered • Address key issues and concerns expressed by RCSAC members; • Encourage consensus on relevant issues, policies and recommendations, where possible. • Present RCSAC recommendations to the Board of Supervisors 4. That the RCSAC will be appointed by the Board of Supervisors and be composed of representatives of key stakeholders from across a broad spectrum of community interests including: • Residents, civic leagues, homeowner associations; • Institutional and tax-exempt entities, including colleges and churches • Business community, including residential, commercial and industrial property owners, malls, and business groups; Page 2 of 3 • Special interest groups that represent economic development, environmental and outdoor recreation. Approximately twenty-five (25) RCSAC members are anticipated, as well as alternate members. The County desires that the same stakeholder representatives be actively involved throughout the project. Continuity will aid in the effectiveness of the process. In the event that a participant is unable to attend one or more meetings, a designated alternate may be assigned. In the event that neither is able to attend a meeting, their input should be submitted to the staff prior to the meeting. 5. That the roles and responsibilities of County staff are as follows: • Provide adequate background information to allow participation • Provide overviews/presentations on the key issues • Facilitate and act as a resource for the main discussion and breakout sessions • Identify ways in which stakeholder recommendations have influenced the study process 6. That the roles and responsibilities of the RCSAC members are as follows: • Review materials presented • Identify key concerns and issues • Provide and present input, advice and feedback on pertinent issues • Explore potential areas of agreement around key issues • Provide advice on the most effective of involving the general public at key points in the project • Participate in all meetings st 7. That the regular meetings will be held monthly on the first (1) Thursday of the month, from 6 pm to 8 pm. Meeting locations are to be determined. Public hearing meetings will be held in election magisterial district. 8. That this Resolution shall be effective immediately. Page 3 of 3 ACTION NO.____________________ ITEM NUMBER_____L-4__________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE : July 9, 2013 AGENDA ITEMS : Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 5/31/2013. SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON40,074,164.3440,074,164.34 GOVERNMENT: SMITH BARNEY CONTRA8,090.34 SMITH BARNEY43,015,592.80 WELLS FARGO17,000,000.00 WELLS FARGO CONTRA(618,332.87)59,405,350.27 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION14,153,827.1914,153,827.19 CD: BRANCH BANKING & TRUST2,005,486.122,005,486.12 MONEY MARKET: BRANCH BANKING & TRUST1,078,393.18 MORGAN STANLEY - JAIL1,101,732.02 SMITH BARNEY6,472,439.69 STELLAR ONE3,054,799.72 WELLS FARGO2,879,753.3614,587,117.97 TOTAL 130,225,945.89 P AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 9, 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 members 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 1 of 1