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HomeMy WebLinkAbout7/23/2013 - Regularα¿²±µ» ݱ«²¬§ Þ±¿®¼ ±º Í«°»®ª·­±®­ Ö«´§ îíô îðïí INVOCATION: Pastor Josh Coldren Crossroads Church PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: 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 Page 1 of 6 α¿²±µ» ݱ«²¬§ Þ±¿®¼ ±º Í«°»®ª·­±®­ ß¹»²¼¿ Ö«´§ îíô îðïí ÒÑÌÛæ ̸»®» ©·´´ ²±¬ ¾» ¿ éæðð °ò³ò »ª»²·²¹ ­»­­·±² ¿­ ¬¸»®» ¿®» ²± ¿¼ª»®¬·­»¼ °«¾´·½ ¸»¿®·²¹­ò Good afternoon and welcome to our meeting for 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 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. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Dothe Social Services Advisory Board after nine (9) years of service (Joyce Earl, Director of Social Services) D. BRIEFINGS Page 2 of 6 E. NEW BUSINESS 1. Resolution granting a waiver to David Redick, Tournament Chairman for the JJ Redick Celebrity Golf Tournament to be held at Ballyhack Golf Club on Saturday August 10, 2013, under Section 13-23 of the Roanoke County Noise of Chapter 13. Offenses Miscellaneous (Paul M. Mahoney, County Attorney) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE-CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission 1. The petition of Blue Ridge Autism and Achievement Center to obtain a Special Use Permit in a R-1, Low Density Residential, District for operation of an educational facility, primary/secondary on approximately 2.967 acres, located at 8132 Olsen Road, Hollins Magisterial District G. FIRST READING OF ORDINANCES 1. Ordinance renewing acontract to provid to the Town of Vinton for the 2013-2015 fiscal years and appropriation of $10,920 for each year (Rebecca Owens, Director of Finance) 2. Ordinance accepting the conveyance of a parcel of real estate adjacent to the Roland E. Cook Elementary School (Tap Map #60-16-19-39) from the Roanoke County School Board to the Board of Supervisors (Paul M. Mahoney, County Attorney) 3. Ordinance appropriating the Local Government Challenge Grant in the amount of $5,000 from the Virginia Commission for the Arts (W. Brent Robertson, Director of Management and Budget) H.SECOND 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 appropriation of $600 (Susan Slough, Assistant 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) Page 3 of 6 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) I. 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. Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR) 5. Social Services Advisory Board (appointed by District) J. 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 June 25, 2013 2. Resolution in support of full-time staffing of Port of Entry #1412 3. Confirmation of appointments to the Capital Improvement Program (CIP) Review Committee (appointed by District) K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. Page 4 of 6 N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Accounts Paid June 2013 5. Quarterly Report Community Development Activities 6.io Policy as of June 30, 2013 7. Proclamations signed by the Chairman O. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Charlotte A. Moore 2. Richard C. Flora 3. 4. 5. Michael W. Altizer P. WORK SESSIONS 1. Work session to discuss ach to Crime and Traffic Safety (DDACTS) Program (Howard B. Hall, Chief of Police) 2. Work session to discuss a Roanoke County property rights resolution (Eddie Q. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.3. Discuss or consider the acquisition of real property, namely acquisition of property for use as public park and recreation purposes, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the County 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 Page 5 of 6 3. Section 2.2-3711.A.29. Discussion of the award of a public contract involving the expenditure of public funds and discussion of the terms or scope of such contract, namely, a proposal for a project under the Public-Private Educational Facilities and Infrastructure Act of 2002 for a criminal justice training facility, where discussion in open session would adversely affect the bargaining position or negotiating strategy of the County R. CERTIFICATION RESOLUTION S. ADJOURNMENT Page 6 of 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23, 2013 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DOROTHY “DOT” HAYES, UPON HER RETIREMENT FROM THE SOCIAL SERVICES ADVISORY BOARD AFTER NINE (9) YEARS OF SERVICE WHEREAS, Dorothy “Dot” Hayes was appointed to the Social Services Advisory Board on May 11, 2004; and WHEREAS, Ms. Hayes will retire from the Social Services Advisory Board on July 31, 2013, after nine (9) years and two (2) months of devoted, faithful and expert service with the County; and WHEREAS, during her appointment to the Board, Ms. Hayes continued to serve as a Chief GED Examiner for our citizens and dedicated her life to continuing education and lifelong learning for all; and WHEREAS, during the years she served on the Social Services Advisory Board she continued to be an advocate for all citizens who faced challenges due to language and educational barriers, and WHEREAS, with her calm demeanor and collaborative style, Ms. Hayes worked with the director and members of the DSS Advisory Board to promote the mission of social services in the community while earning respect and support by demonstrating an unfailing commitment in serving the citizens of Roanoke County; and Page 1 of 2 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 DOROTHY “DOT” HAYES Roanoke County to for more than nine (9) 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 FOTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23, 2013 RESOLUTION GRANTING A WAIVER TO DAVID REDICK, TOURNAMENT CHAIRMAN FOR THE JJ REDICK CELEBRITY GOLF TOURNAMENT TO BE HELD AT BALLYHACK GOLF CLUB ON SATURDAY – AUGUST 10, 2013, UNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY’S NOISE ORDINANCE, ARTICLE II. NOISEOF CHAPTER 13. OFFENSES – MISCELLANEOUS WHEREAS, David Redick, Tournament Chairman for the JJ Redick Celebrity Golf Tournament, will be playing music outdoors on Saturday, August 10, 2013, from 6:00 p.m. until 11:30 p.m. at the Ballyhack Golf Club located at 3609 Pitzer Road, Roanoke, VA; and WHEREAS, in order to accommodate the advertised time frame and to benefit the community by raising funds to be donated to CHIP of the Roanoke Valley and the Children’s Miracle Network, Mr. Redick is requesting a waiver of the County noise ordinance from 6:00 p.m. until 11:30 P.M., on Saturday August 10, 2013; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance to avoid undue hardship upon consideration of certain factors set forth in sub-section (b) of Section 13-23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the provisions of Section 13-21. Specific acts as noise, sub-section (5) and Section 13-20. General prohibition of Article II. Noise be WAIVED from 6:00 p.m. until 11:30 p.m. on Saturday, August 10, 2013. 2. That this waiver is granted specifically to David Redick, Tournament Chairman for the JJ Redick Celebrity Golf Tournament for the event scheduled at the Ballyhack Golf Club on Saturday, August 10, 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 23, 2013 ORDINANCE RENEWING A CONTRACT TO PROVIDE COMMONWEALTH ATTORNEY SERVICES TO THE TOWN OF VINTON AND APPROPRIATE $10,920 EACH YEAR FOR FISCAL YEARS 2013-2014 AND 2014-2015 WHEREAS, since July 2004, the Commonwealth’s Attorney office has provided service to the Town of Vinton through a contractual arrangement to handle the prosecution of criminal cases, including traffic infractions, misdemeanors and preliminary hearings of felony cases; and WHEREAS the Town pays a fee to the County, which is then distributed as a supplement to the Assistant Attorneys in the Commonwealth Attorney’s office; 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 23, 2013, and the second reading was held on August 13, 2013 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the contract for the Commonwealth’s Attorney Office to provide legal services to the Town for fiscal years 2013-2015 is approved. 2. That the sum of $10,920 is hereby appropriated from the Town of Vinton. 3. That this ordinance shall take effect July 1, 2013, for fiscal year 2013-2014 and July 1, 2014, for fiscal year 2014-2015. 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 23, 2013 ORDINANCE ACCEPTING THE CONVEYANCE OF A PARCEL OF REAL ESTATE ADJACENT TO THE ROLAND E. COOK ELEMENTARY SCHOOL (TAX MAP #60.16-09-39) FROM THE ROANOKE COUNTY SCHOOL BOARD TO THE BOARD OF SUPERVISORS WHEREAS, at their meeting on July 11, 2013, the County School Board of Roanoke County declared a parcel of real estate adjacent to the Roland E. Cook Elementary School 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 this real estate to the Board of Supervisors pursuant to Section 22.1-129A of the Code of Virginia; 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 was held on July 23, 2013, and the second reading and public hearing was held on August 13, 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 real estate adjacent to the Roland E. Cook Elementary School identified as Tax Map #60.16-09-39 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 Administrators 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 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23, 2013 ORDINANCE APPROPRIATING THE LOCAL GOVERNMENT CHALLENGE GRANT IN THE AMOUNT OF $5,000 FROM THE VIRGINIA COMMISSION FOR THE ARTS WHEREAS, Roanoke County has been awarded the Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000. The Commission will match up to $5,000 (if full funding is approved) of any donation the County makes to qualified art organizations in the valley; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of the ordinance was held on July 23, 2013 and the second reading was held on August 13, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of ($5,000) is hereby appropriated from the Virginia Commission for the Arts as follows: CountyVCATotal Historical Society of Western VA – O. Winston Link Museum $2,400 $2,500 $4,900 Roanoke Symphony $4,800$2,500$7,300 $7,200 $5,000 $12,200 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 23, 2013 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 $600 TO THE COUNTY RADIO REPLACEMENT FUND WHEREAS, the County School Board for Roanoke County has requested the Board of Supervisors to approve agreements authorizing the installation of radio equipment on the Crowell’s Gap and Ft. 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. County is the owner of a telecommunications tower (the “Tower”) and an 1. 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. The premises shall be used by CO Schools for the transmission and reception of radio 2. 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. This Agreement shall be for an initial period of one (1) years (“Initial Term”) 3. 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. All notices, requests, demands and other communications hereunder shall be in 13. 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. Either party may, upon notice to the other party, assign or transfer its rights 15. 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. This Agreement shall run with the Land, described on Exhibit A. 16. 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. County waives any lien rights it may have concerning the CO 17. 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. County is the owner of a telecommunications tower (the “Tower”) and an 1. 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. The premises shall be used by CO Schools for the transmission and reception of radio 2. 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. This Agreement shall be for an initial period of one (1) years (“Initial Term”) 3. 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. All notices, requests, demands and other communications hereunder shall be in 13. 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. Either party may, upon notice to the other party, assign or transfer its rights 15. 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. This Agreement shall run with the Land, described on Exhibit A. 16. 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. County waives any lien rights it may have concerning the CO 17. 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 23, 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 23, 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 23, 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 23, 2013 RESOLUTION IN SUPPORT OF FULL-TIME STAFFING OF PORT OF ENTRY #1412 WHEREAS, the interconnection between freight transportation and economic development and is one of the main areas of interest for the Regional Valley-Alleghany Regional Commission; and WHEREAS, Port of Entry #1412, located at the New River Valley Airport in Pulaski County, Virginia, serves the surrounding area which includes the entire Roanoke Valley-Alleghany region; and WHEREAS, having a staffed and functional Port of Entry is vital to regional freight transportation logistics and supply chains and the regional economy; and WHEREAS, there is no other U.S. Customs and Border Protection (USCBP) within two (2) hours of the Roanoke Valley-Alleghany region; and WHEREAS, this Port of Entry serves a region covering twenty-five (25) counties and eleven (11) cities in Central, Western, Southwestern and Southside Virginia; and WHEREAS, the U.S. Customs and Border Protection support to the international community has a significant impact on freight and logistics supply chains, as well as on the local economy and requires equal international access as found throughout the United States; NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors hereby supports full-time staffing of Port of Entry #1412 and requests that the U.S. Customs and Border Protection appoint a full-time staff person to the Port of Page 1 of 2 Entry that will allow for continued smooth functioning of the freight transportation system and future international development and commerce for the entire region. Page 2 of 2 ACTION NO. _______________ ITEM NO. _______P-1________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ÓÛÛÌ×ÒÙ ÜßÌÛæ July 23, 2013 ßÙÛÒÜß ×ÌÛÓæ Work session Approach to Crime and Traffic Safety (DDACTS) Program ÍËÞÓ×ÌÌÛÜ ÞÇæ Howard B. Hall Chief of Police ßÐÐÎÑÊÛÜ ÞÇæ B. Clayton Goodman III County Administrator ÝÑËÒÌÇ ßÜÓ×Ò×ÍÌÎßÌÑÎùÍ ÝÑÓÓÛÒÌÍæ ÍËÓÓßÎÇ ÑÚ ×ÒÚÑÎÓßÌ×ÑÒæ This time has been set aside for a work session with staff to discuss Police Department activity in the County and DDACTS. Page 1 of 1  ACTION NO. _______________ ITEM NO. ______P-2_________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ÓÛÛÌ×ÒÙ ÜßÌÛæ July 23, 2013 ßÙÛÒÜß ×ÌÛÓæ Work session to discuss a Roanoke County property rights resolution ÍËÞÓ×ÌÌÛÜ ÞÇæ Supervisor, Windsor Hills Magisterial District ßÐÐÎÑÊÛÜ ÞÇæ B. Clayton Goodman III County Administrator ÝÑËÒÌÇ ßÜÓ×Ò×ÍÌÎßÌÑÎùÍ ÝÑÓÓÛÒÌÍæ ÍËÓÓßÎÇ ÑÚ ×ÒÚÑÎÓßÌ×ÑÒæ This time has been set aside for a work session with staff to discuss a Roanoke County property rights resolution. Page 1 of 1  REVISION #1….July 16, 2013 based on citizen input WHEREAS, private property ownership is the foundation of individual liberty for American citizens; and WHEREAS, in 2012 the citizens of the Commonwealth of Virginia voted to amend Article further defining "public uses" and that no 1, Section 11 of the Constitution of Virginia private property shall be damaged or taken for public use without just compensation; and WHEREAS, the Board of Supervisors of Roanoke County hereby agrees to establish the following policies for the implementation and development of County projects; and WHEREAS, the County intends to manage growth in a positive way acting conservatively and with deliberation when making decisions that will affect our high quality of life and that of our children's children as stated in Chapter 2 of the Roanoke County Comprehensive Plan; and WHEREAS, the County seeks to empower our citizens to protect and maintain their neighborhoods and communities from actions that might be a detriment to their peace and tranquility; and WHEREAS, the County has adopted ordinances and programs to preserve the integrity of the surrounding mountains and open space as emphasized in the Roanoke County Comprehensive Plan: Resource Preservation; and WHEREAS, the County supports the "right to farm" as found in the Code of Virginia 3.2- 301 and encourages mutual respect among farmers, non-farm owners and rural visitors to protect individual property rights, responsibilities and privacy. WHEREAS, the County has approved development projects in the past without due diligence for affected residents and without support by those living nearby or adjacent to proposed projects resulting in many citizens having reduced or lost confidence in their local government. WHEREAS, the County seeks to bring a higher degree of communication and transparency between elected or appointed officials and the neighbors affected by zoning and site plan decisions. This is to be done by improving and clarifying the procedures used by both the Planning Commission and the Board of Supervisors thereby assuring citizens’ input is an integral part of this process in keeping with the Comprehensive Plan goal: To achieve the highest possible level of citizen participation in all elements of Roanoke County government by keeping our citizens informed and educated on public policy issues and maintaining an open, democratic, and easily accessible governmental system. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. That all citizens’ private property rights shall be given the highest priority activities. during deliberation by County officials regarding planning and zoning 2. That Roanoke County will protect citizens' property rights as long as they do not interfere with basic services for the health, safety and welfare of all citizens or the property rights of adjacent landowners. Basic services are defined as those which preserve and protect the public health, safety and welfare, including but not limited to fire and rescue, police, garbage services, and public education. 3. That property owners have the right to use their land as they see fit as long as that use does not interfere with the rights of others or land use as prescribed in Roanoke County Zoning Ordinances. 4. That the County will endeavor to provide: (1) timely information to citizens concerning possible property rights infringement or possible loss of value of their private property as a result of proposed government action; (2) copies of cost-benefit analyses where appropriate; and (3) an opportunity to challenge the proposed governmental action. 5. That in accordance with the Constitution and laws of the Commonwealth of Virginia (Code of Virginia 1-219.1), private property owners shall have an opportunity to recover the value of their private property damaged or taken for public use including potential lost profits and lost access. 6. That residential or agriculturally zoned areas may not be rezoned to commercial or industrial zoning without public notice and public hearings held by the County in the immediate affected area in order to receive public input, prior to the fulfillment of all other rezoning requirements in State Code. The vision and other provisions of the Comprehensive Plan shall also be reviewed at the meetings held by the County on any potential rezoning from residential or agricultural land use. Prime natural assets such as rivers, lakes, parks, and mountains may not be converted to commercial or utility use unless there are documented cost-benefits to the public in support thereof. 7. That citizens have the right to be free from unreasonable and ongoing nuisances such as odors, noise, dust, vibrations, pollution, trash and debris, whether the source is a neighbor or a governmental entity. 8. That citizens have the right to expect that regulations are consistent with prescribed requirements and will be interpreted, where ambiguous, in favor of property owners. 9. That citizens have the right to be free from arbitrary administrative decisions in the regulation of property use that are not supported by federal, state or local requirements. 10. That in the event of a significant planned re-zoning, affected property owners will be notified in writing prior to Planning Commission review, and the property owners will be provided an opportunity to participate in an information session where particulars of the plan and possible impact will be available for review. Property owners and/or their representatives may present their opinions of the proposed zoning change to the Planning Commission and the number of citizen responses and their opinions must be reported by the Planning Commission to the Board of Supervisors as they consider the change. 11. That no County officer or employee shall enter upon private property except as authorized by law. Police emergencies, fire events, warrants issued by the sheriff, property inspections and normal social service visits are conducted as required without advance notice. Non-emergency visits to private property must be conducted during daylight hours and advance notice to the property owner must be required by registered mail with return receipt requested. Exceptions to this policy may be granted by the county administrator and such exceptions must be approved by a majority of the Board of Supervisors. 12. In the event of property right disputes the Board of Zoning Appeals will seek to mediate. If no resolution is reached, the BOS will make the final decision. R  AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23, 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 1 of 1