HomeMy WebLinkAbout6/9/2015 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 9,2015
RESOLUTION 060915-1 AFFIRMING THE ROANOKE COUNTY
PIPELINE ADVISORY COMMITTEE'S RECOMMENDED COMMENTS
TO THE FEDERAL ENERGY REGULATORY COMMISSION (FERC)
FOR THE SCOPING PROCESS OF THE MOUNTAIN VALLEY
PIPELINE
WHEREAS, the pipeline known as the Mountain Valley Pipeline (MVP) is
expected to transport a natural gas supply from the Marcellus and Utica regions to
various Southeast United States markets; and
WHEREAS, the MVP is governed by the United States Natural Gas Act, which
requires a Certificate of Public Convenience and Necessity (CPCN) from the Federal
Energy Regulatory Commission (FERC); and
WHEREAS, the Roanoke County Board of Supervisors has passed two (2) prior
resolutions regarding the Mountain Valley Pipeline-, and
WHEREAS, those resolutions are hereby incorporated by reference and are
known as "Resolution 120914-4 of the Board of Supervisors of the County of Roanoke,
Virginia opposing the Mountain Valley Pipeline" adopted December 9, 2014, and
"Resolution 042815-5 petitioning the Federal Energy Regulatory Commission to hold an
additional scoping public hearing in Roanoke County and to extend the public comment
period during the scoping phase for the Mountain Valley Pipeline Project" adopted April
28,2015 -land
WHEREAS, the Roanoke County Board of Supervisors created the Pipeline
Advisory Committee ("the Committee") by Resolution 031015-1 - and
Page 1 of 3
WHEREAS, the Committee met on June 1, 2015, and voted to submit additional
comments to FERC on its behalf; and
WHEREAS, those comments are attached as Exhibit A and titled "Comments
from the Pipeline Advisory Committee Recommended for adoption by the Roanoke
County Board of Supervisors For submission to the FERC (Federal Energy Regulatory
Commission) Mountain Valley Pipeline Project Scoping Comment Period."; and
WHEREAS, the Committee seeks approval of those additional comments and
their subsequent submission as allowed during the scoping process.
NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1 . That the Resolution 120914-4 dated December 9, 2014 is hereby
reaffirmed.
2. That the Resolution 042815-5 dated April 28, 2015 is hereby reaffirmed.
3. That the comments of the Roanoke County Pipeline Advisory Committee
which are attached as Exhibit A, known as "Comments from the Pipeline
Advisory Committee Recommended for adoption by the Roanoke County
Board of Supervisors for submission to the FERC (Federal Energy
Regulatory Commission) Mountain Valley Pipeline Project Scoping
Comment Period" are hereby affirmed.
4. That the County Administrator is hereby directed to file a certified copy of
this Resolution along with the attached exhibits with the Federal Energy
Regulation Commission by the June 16, 2015 project scoping deadline.
Page 2 of 3
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES.- Supervisors Moore, Church, McNamara, Peters
NAYS: Supervisor Bedrosian
A COPY TESTE:
Debotah C. Jacks' J/
Deputy Clerk to the B6ard of Supervisors
cc: Richard L. Caywood, Assistant County Administrator
Ruth Ellen Kuhnel, Senior Assistant County Attorney
Page 3 of 3
Comments from the Pipeline Advisory Committee
Recommended for adoption by the Roanoke County Board of Supervisors
For submission to the FERC (Federal Energy Regulatory Commission)
Mountain Valley Pipeline Project Scoping Comment Period
June 9, 2015
Potential impacts to vegetation and wildlife:
1. Percina rex, Roanoke Logperch is an Endangered species found in the Roanoke River
that will be impacted directly by disturbance during construction and chronically by
increased siltation following construction.
http:Hecos. fWs. gov/speciesProfile/profile/speciesProfile. action? spcode=EO I G
2. Noturus gilberti, Orangefin Madtom is a Threatened species found in the Roanoke River
that will be impacted directly by disturbance during construction and chronically by
increased siltation following construction.
http://www.dgifvirginia.gov/wildlife/virginiatescspecies.pd
3. Clemmys muhlenbergii, Bog Turtle is a Threatened species inhabiting the high elevation
wetlands of Bent Mountain in Floyd, Roanoke and Franklin Counties. It will be directly
impacted during construction and will continue to be impacted by the altered hydrology
of the wetlands after construction.
http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=C048
4. Glaucomys sabrinus, Northern Flying Squirrel is an Endangered species inhabiting the
forests of Montgomery Co. and may be directly impacted during construction and
maintenance of the pipeline.
http://www.dgif.virginia.gov/wildlife/infonnation/?s=050068
5. Myolis sodalis, Indiana Bat is an Endangered species inhabiting the forests of
Montgomery Co. and may be directly impacted during construction and maintenance of
the pipeline. httl2://www.dgif.virginia.gov/wildlife/information/?s=050023.
6. Buckleya distichophylla, Pirate Bush is an Endangered species inhabiting Poor Mountain
and will be directly impacted during construction of the pipeline. The Poor Mountain
population of the Pirate Bush is the largest known population of the species.
http://plants.usda.gov/core/Trofile?symbol=BUDI
Potential impacts to water resources and wetlands:
1. Spring Hollow Reservoir is the primary drinking water supply for residents of Roanoke
County.
http://www.westernvawater.org/85256a8dOO62af37/vwContentByKey/N2628RP6374PL
ESEN The proposed pipeline route will pass within 500 feet of the reservoir and the
construction area will be well within the drainage are of the reservoir increasing silt loads
into the reservoir.
2. Poor Mountain, located in western Roanoke County, is the primary water source for
much of the Roanoke Region. Water flows from Poor Mountain in all directions through
surface run-off, creeks and small streams such as Bottom Creek, a Virginia Tier III
stream used for recreational purposes and home to endangered species, and through
underground aquifers throughout the mountain's karst topography. The Poor Mountain
watershed is critical to supplying clean water to Roanoke County, and the Cities of Salem
and Roanoke, and to rural areas of Montgomery and Henry Counties.
3. The entire 40 river miles reach of the Roanoke River downstream of crossing of proposed
pipeline and above Smith Mountain Lake is part of the Roanoke River Blueway.
http://rvarc.org/bluew Construction and maintenance of the pipeline will increase silt
loads into the river causing the water to be muddy creating hazards for canoeists,
kayakers, swimmers, tubers, and standup paddle boarders and making the river less
aesthetic for users.
4. Bottom Creek is a world class whitewater destination drawing paddlers from around the
United States and other countries. Disturbance during construction and maintenance will
increase turbidity compromising the safety of paddlers. Flows will be compromised by
altering the hydrology of the headwaters. In a recent study in nearby West Virginia,
whitewater recreation was found to contribute over $50 million annually to the economy
and provide over 1400 jobs within the state.
http://www.americanwhitewater.orWcontentiWiki/stewardshil2:recreation economics
5. Over 25 miles of Greenway are in the Roanoke Valley primarily along the Roanoke River
downstream of the Roanoke River crossing of the proposed pipeline.
http://roanokevalley.org/progress/ Over $20 million have been spent constructing these
Greenways, to enhance the quality of life for the residents of the Roanoke Valley.
Construction and maintenance of the pipeline will cause the water along these Greenways
to be muddy compromising the experience of Greenway users.
6. The proposed pipeline route traverses native Brook Trout streams on Bent Mountain and
crosses the Roanoke River just upstream of the VDGIF trout fishery in Salem and
Roanoke. http://www.dgif.virginia.gov/fishing/trout/area-mqps/map3.pdf The United
States Fish and Wildlife Service estimates for 2006 indicated that trout fishing
contributed >$20 billion to the US economy, created 109,000 jobs, and created >$1.7
billion in tax revenue. http://digitalmedia.fws.gov/cdm/ref/collection/document/id/52
Virginia has 800,000 anglers and fishing has contributed $1.3 billion dollars to the VA
economy. http://www.dgif.virginia.gov/fishing/benefits/
7. In total, outdoor recreation is responsible for 6.1 million American jobs with 138,000 of
those in Virginia, and contributes $646 billion to the American economy with $13.6
billion of that in Virginia. Almost 3 times as many Americans work in the outdoor
recreation industry as work in the oil and gas industry, and Americans spend more
annually on outdoor recreation than they do on all forms of energy combined.
http://outdoorindustry.org/advocacy/recreation/economy.html
8. Vegetation: The high and steep slopes of Poor Mountain are characterized by oaks,
hickories, table mountain pine and a unique stand of sugar maple reminiscent of New
England forests. The ericaceous understory consists of azaleas, mountain laurel,
doghobble and rhododendron. The cove hardwood community includes tulip poplars,
cucumbers and Fraser magnolias. The alder -leafed viburnum, common to northern
forests, inhabits the shrub layer. The Poor Mountain forest is a unique meeting place of
the Northern California hemlock and the southern Carolina hemlock, both of which host
the globally rare Piratebush. Poor Mountain hosts a remnant population of the American
Chestnut, comprised of saplings that have sprouted from adventitious buds on the old
roots of original trees whose trunks and limbs were killed in the early 20th century.
Scientists interested in restoring the chestnut to the Appalachians anticipate this
population may produce offspring with a natural resistance to the fungus that killed the
original population.
9. Airborne species: Migrating upon on the isolated ridgetop of Poor Mountain includes
12,000 raptors observed in the 2007 season, and 2700 raptors between September 22nd
and 23rd, 2009. Poor Mountain is recognized as a hawk migration site by the hawk
Migration Association of North America - the second best hawk migration site in
Virginia.
10. There are four tree bat species: the evening, silver -haired, red and hoary, which would
inhabit large tracts of Roanoke forest during the warmer months which would migrate
south in winter. because it is extremely difficult to do a census of tree bat populations,
scientific evaluation of these species requires undertaking before any environmental
stressors are introduced to populations already threatened (up to 95% of Vermont bats
has been lost to white nose syndrome).Both the Virginia Big 'Eared bat and the Indiana
bat have been found in Highland and Botetourt County and those counties south of
Roanoke— as the migration from hibernacula to summer habitats can range to 320 miles,
scientists would conclude that they use the Blue Ridges and surrounding area as
migration routes., according to the Virginia Dept. of Game and Inland Fisheries.
11. Other unique species include the Appalachian cottontail, woodland jumping mouse,
spotted skunk and the long-tailed shrew, because of its unique habitat, possible residents
include rock voles, Allegheny Woodrats, and Northern Flying Squirrels.
Potential impact to geology and soils:
1. Poor Mountain, located in western Roanoke County, is the primary water source for
much of the Roanoke Region. Water flows from Poor Mountain in all directions through
surface run-off, creeks and small streams such as Bottom Creek, a Virginia Tier III
stream used for recreational purposes and home to endangered species, and through
underground aquifers throughout the mountain's karst topography. The Poor Mountain
watershed is critical to supplying clean water to Roanoke County, and the Cities of Salem
and Roanoke, and to rural areas of Montgomery and Henry Counties.
2. Poor Mountain, at 2938 feet in elevation, is the highest mountain to Roanoke County, and
its peaks and ridges are easily visible from Salem, Roanoke, the Blue Ridge Parkway,
Montgomery County, Floyd County, Henry County, Botetourt County, and it is on the
ILS6 flight approach to Roanoke — Blacksburg Regional Airport.
3. Due to Poor Mountain's value as a primary watershed, its geography, vegetation and
wildlife, vistas and recreational activities, including but not limited to Bottom Creek
Gorge, and considering Poor Mountain's natural beauty, the cumulative negative impacts
of major construction as would occur with then building of the MVP over Poor Mountain
is of great concern to us.
4. Although MVP may view the construction of the pipeline as presenting low potential for
harm, the fact remains that we who live here perceive the potential for serious and long-
term negative impacts to Poor Mountain and the surrounding Roanoke Valley as
inevitable and unacceptable should construction proceed as planned.
5. Many sections of Poor Mountain exceed 50 degrees in slope. Environmental scientists
have told us that disturbed soils will not adhere to grades of 50 degrees or greater, which
could result in the long term sloughing off of disturbed soils and ground cover within the
MVP's large construction corridor. Since Spring Hollow Reservoir and the Roanoke
River are at the bottom of the north face of Poor Mountain, our water supply, and the
many recreational activities associated with the beautiful Roanoke River would be at
great risk.
6. Trenching and blasting across the Poor Mountain watershed could forever disrupt, block
and reroute underground aquifers which supply the hundreds of springs and wells which
are the only water sources for the many Roanoke citizens who live in the rural
communities surrounding Poor Mountain.
7. The cumulative negative and irreversible impacts created by MVP's construction of the
pipeline along the currently proposed route over Poor Mountain create conditions we
believe are so potentially damaging to Poor Mountain and our community, they are
unacceptable to us. We therefor urge MVP to develop an alternative route away from the
Poor Mountain watershed. Additionally, we urge the FERC to direct MVP to alter its
proposed route to avoid Poor Mountain in Roanoke County.
Potential impacts to cultural resources:
Potential Environmental Impact of the Mountain Valley Pipeline to Prehistoric Cultural
Resources in the Roanoke River Floodplain
al
1. The southern portion of Virginia has been occupied for at least 11,500 years and the
Roanoke Valley and surrounding area are a rich source of prehistoric archaeological
resources especially along the Roanoke River.
2. The Buzzard Rock (44RN2), Thomas -Sawyer (44RN39), and Graham -White (44RN21)
sites are notable examples in the Roanoke River floodplain of Late Woodland settlements
(ca. A.D. 900 to 1700); with the latter two sites associated with European trade goods.
3. The proposed Mountain Valley Pipeline corridor is located south of the Thomas -Sawyer
site, and the Virginia Department of Historic Resources (DHR) has conducted no
archaeological surveys of the Roanoke River basin or its tributaries south of that site.
Therefore, as yet undiscovered sites are not in the State Database.
4. Salem DHR Archaeologist, Tom Klatka, estimates that there is a "high probability" of
unearthing further evidence of Native American settlements wherever a pipeline corridor
might intersect the floodplains of the Roanoke River or its forks.
5. Socially complex Mississippian sites (including temple mounds) have been identified in
Southwest Virginia in Lee and Scott Counties, and currently a Paleolithic site is being
excavated in the Smith Mountain Lake area. Investigating the extent and range of such
occupations could potentially be a focus of future archaeological exploration along the
Roanoke River as well as in the mountains (which were the source of lithic materials and
game for thousands of years).
6. Many will say that the pipeline excavation will be an opportunity to make new
discoveries, but this will be contingent upon careful, unrushed examination of the
evidence by experts in this area's prehistory and artifact assemblages not by private out-
of-state archaeological surveyors (hired by the pipeline company) who are unfamiliar
with Virginia's prehistory—and perhaps in a rush to return to their homes.
7. DHR will be involved, but only in the capacity of reviewing the private surveyor's
findings. "DHR will not make site visits," said Tom Klatka.
8. Due to the high likelihood of significant prehistoric sites, Phase III full-scale mitigation
(with excavation) should be the anticipated level of archaeological investigation of sites
along the Roanoke River – not just Phase I survey or Phase 11 test pits. Therefore,
pipeline engineers must factor this into their schedules and not be assuming one to two
year completion dates for the project. Information -rich archaeological features like
burials, trash pits, ceramic kilns, and roasting hearths can be lost in one swipe of a
bulldozer's blade.
9. The Roanoke River basin bears significant archeological resources that are both finite and
fragile. Once disturbed, the history and its lessons are lost if they are not thoroughly
investigated at the time that they are unearthed.
Potential impacts to socioeconomics:
1. In order to avoid steeper terrain and forest impacts, many sections of the corridor within
Roanoke County pass through working farms. Many of these farms have been in single
families for generations.
2. Temporary and permanent disruptions to these farming operations may have financial
impacts for these families and threaten the continued viability of individual farms.
3. This appears to be a disparate impact on a select group of individuals who are primarily
older and lower income than the community as a whole.
Potential impacts to air guality and noise:
1. If Alternate I 10 is selected it is presumed that there is a high likelihood of a compressor
station being located in Roanoke County. If a compressor station is even considered for
Roanoke County we believe that the following issues would need to be carefully
analyzed:
a. A detailed noise analysis that takes into account both topography and tree cover
should be performed. This analysis should consider both occupied dwellings and
businesses as receptors as well as resource receptors such as the Appalachian
Trail, Camp Roanoke, and the Roanoke River etc. as appropriate based on the
location under consideration.
b. Light pollution needs to be considered and analyzed.
c. Emissions are a specific concern. The Roanoke Valley is essentially a bowl that
can trap pollutants. The Roanoke Valley Metropolitan Area is a marginal air
quality attainment area that was previously bordering on becoming a non -
attainment area. While regional cooperation has helped to maintain attainment
area status, additional emitters have the potential to change this.
2. Loss of gas either intentionally through "venting" or unintentionally through leakage is a
significant concern. While this concern is most pronounced relative to any potential
compressor station, leaking may also occur from the line itself, at valves, or other
mechanical connection.
Noise impacts during construction area a concern. We would recommend that FERC
apply Roanoke County's local noise ordinance to construction activities.
Potential impacts to cumulative impacts:
11
1. There are at least three, if not more similar pipeline projects crossing Western Virginia
under consideration today. They are the Mountain Valley Pipeline, The Atlantic Coast
Pipeline and the Appalachian Connector Project.
2. FERC should require that a comprehensive study be made of the cumulative impact, and
purpose and need of these three projects and any similar projects.
Potential impacts to public safety:
I . The proposed route of the MVP pipeline, especially alternate I 10 is largely located in
portions of Roanoke County that are very remote from Fire and Rescue resources. While
there are small outlying fire stations that may have reasonable response times to the
pipeline, the bulk of the County's response resources are 30 — 45 minutes are farther from
much of the proposed alignment.
2. Additional training and equipment along with associated ongoing funding will likely be
required to prepare to respond to potential accidents and emergencies associated with the
pipeline project.
3. We recommend that the applicant study potential Fire and Rescue impacts and provide
required resources to mitigate these impacts.
4. Police resources are likely to be impacted during construction due to the presence of large
numbers of temporary workers many of whom, according to MVP's filings, will reside in
RVs or other temporary housing.
5. At the end of its useful or economic life, what is the plan for removal of the pipeline? A
42' pipe simply left in situ to rust will eventually create a sunken area 4-5 feet deep
where the pipe once existed. This is of particular concern in areas where blasting into
bedrock was used as an installation method. This would present both public safety and
water quality issues.
6. Several areas of the proposed pipeline are in flood plain areas. How will the pipeline be
protected from fast moving mountain streams and rivers? How is related erosion
controlled? What impact will construction have on existing water quality and quantity
issues?
Potential impacts to land use, recreation, and visual resources:
1. The original route crosses Camp Roanoke which is a 700 acre outdoor experience camp
operated by Roanoke County. This camp has been in operation since 1925 and elements
of the camp may also qualify as historic resources. Recent MVP filings to FERC
incorrectly state that the route does not pass through the camp. To the contrary the
originally proposed alignment is a few feet away from the manager's cabin. According
to MVP, the icon on a Google Earth map was used as the location of the camp which is at
the location of the entrance road. This overlooks the fact that the camp is a 700 acre site
with numerous features. The offset shown for the alternate alignment 135 is incorrect for
the same reason.
2. Alternate I 10 directly impacts multiple parcels of the Roanoke Valley Resource
Authority which owns and operates the regional landfill at this location off of Bradshaw
Road. Not only does alternate I 10 cross future expansion area for the landfill, it also
crosses the rail yard that is up to 5 tracks in width where trash trains to / from downtown
Roanoke are assembled and disassembled.
3. The proposed crossing of the Blue Ridge Parkway is located in an area with prime,
historical, farmland.
4. Both the pipeline route itself, and its associated above ground facilities and access
roadways will be built on land that within Roanoke County is largely covered by dense
forest. Permeant removal of these trees will create visual scars that in many cases are
visible for many miles. A comprehensive analysis of the impact of this tree removal
should be made with particular emphasis on the Blue Ridge Parkway,
L-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 9,2015
RESOLUTION 060915-2 APPROVING THE EXECUTION OF A
CONTRACT AMONG THE COUNTIES OF FRANKLIN, HENRY AND
ROANOKE AND THE CITIES OF MARTINSVILLE AND ROANOKE AND
THE INTERSTATE 73 COALITION, LLC FOR PURSUIT OF
CONSTRUCTION OF INTERSTATE 73 IN THE COMMONWEALTH OF
VIRGINIA
WHEREAS, on October 12, 1993, November 22, 1994, and March 24, 1998, the
Board adopted resolutions in support of the construction of the proposed Interstate 73
(1-73) north -south interstate connecting Detroit, Michigan to Charleston, South Carolina
through the Roanoke Valley-, and
WHEREAS, on September 8, 1998, the Board of Supervisors of Roanoke County
adopted Resolution 090898-1 which reaffirmed its support of the Interstate 581 (1-581)
and Route 220 South corridor for the proposed 1-73-1 and
WHEREAS, on December 5, 2000, the Board adopted Resolution 120500-2,
which reaffirmed and amended Resolution 090898-1 supporting the 1-581 and Route
220 South corridor for 1-73 through the Roanoke Valley-, and
WHEREAS, the Commonwealth Transportation Board has previously selected
alternative corridors, which generally follow Route 220, the proposed "Smart Highway,"
and Route 460 to the West Virginia state line west of Narrows as the location for the
proposed 1-73 north -south interstate connecting Detroit, Michigan to Charleston, South
Carolina-, and
WHEREAS, 1-73 would link the nation's regions and support economic growth
while also addressing safety concerns in south-western Virginia while providing an
economic advantage to the Roanoke Valley; and
Page 1 of 2
WHEREAS, the Cities of Martinsville and Roanoke and Counties of Franklin,
Henry and Roanoke have joined together to hire a consultant to assist them in
advocating for Federal and State legislation and funding to construct 1-73.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1 , That the contract among the Counties of Franklin, Henry and Roanoke
and the Cities of Martinsville and Roanoke and The Interstate 73 Coalition, LLC for
pursuit of construction of Interstate 73 in the Commonwealth of Virginia be, and hereby
is, approved for execution; and
2. That the County Administrator or his designee is hereby authorized to
execute this contract on behalf of Roanoke County, upon such form as approved by the
County Attorney.
On motion of Supervisor Church to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
A C TESTE:
Deborah C. Jacks
Deputy Clerk to the Board of Supervisors
cc: Thomas C. Gates, County Administrator
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 9,2015
RESOLUTION 060915-3 ENCOURAGING THE POLITICAL PARTIES
TO CHOOSE AN ALTERNATIVE METHOD FOR SELECTING
CANDIDATES FOR PUBLIC OFFICE OTHER THAN A PRIMARY
ELECTION; WAIVING COUNTY FEES FOR USE OF PUBLIC
FACILITIES FOR SUCH ALTERNATIVE METHOD
WHEREAS, primary elections impose significant local costs and expenses upon
the County's taxpayers since Section 24.2-518 of the Code of Virginia requires the
Treasurer of the County in which primary elections are held to pay the costs of primary
elections-, and
WHEREAS, on May 12, 2015, the Board of Supervisors was required to transfer
funds in the amount of $18,910 to pay for the Republican primary for the 17 th House
District-, and
WHEREAS, primary elections for local candidates from Democrat and
Republican political parties are sparsely attended-, and
WHEREAS, encouraging the political parties to avoid holding primary elections
would save public funds; and
WHEREAS, Section 24.2-509 of the Code of Virginia authorizes the duly
constituted authorities of the state political party shall have the right to determine the
method by which a party nomination for an elected office shall be made.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1 . That Roanoke County would waive the fees that are imposed upon the
political parties for the use of public facilities if all of the political parties agree to select
Page 1 of 2
their candidates through methods other than a local primary election. In addition, no
State or Federal primary election would be held for this fee waiver to be applicable.
2. That Roanoke County would reimburse the local political parties for fees
imposed upon the political parties for the use of Roanoke County public school facilities
if all of the political parties agree to select their candidates through methods other than
a local primary election. In addition, no State or Federal primary election would be held
for this fee reimbursement to be applicable. This reimbursement shall be at the same
facility rental charge applied uniformly to other rentals.
3. That the Deputy Clerk to the Board of Supervisors shall send a certified
copy of this resolution to the Chairman of the Roanoke County Democrat and
Republican parties.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
A GOPY TESTE:
Deborah C. Jack& j /
Deputy Clerk to the goard of Supervisors
cc: Paul M. Mahoney, 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, JUNE 9,2015
ORDINANCE 060915-4 OF THE BOARD OF SUPERVISORSOF THE
COUNTY OF ROANOKE, VIRGINIA PROVIDING FOR THE ECONOMIC
DEVELOPMENT AUTHORITY OF THE COUNTY OF ROANOKE,
VIRGINIA TO ISSUE LEASE REVENUE REFUNDING BONDS TO
REFUND OUTSTANDING LEASE REVENUE BONDS (PUBLIC
FACILITY PROJECTS), SERIES 2008
The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the
"County") has determined that it is advisable (i) to refund all or a portion of the
Economic Development Authority of the County of Roanoke, Virginia's $58,595,000
Lease Revenue Bonds (Public Facility Projects), Series 2008, issued on March 27,
2008 (the "Series 2008 Bonds") for the purpose of financing certain facilities for the
County consisting of the acquisition, construction, furnishing and equipping of various
capital projects including a library, a recreation center, a fire -station, a fleet maintenance
facility and radio equipment and (ii) to obtain financing to refund all or a portion of the
Series 2008 Bonds through lease revenue refunding bonds (the "Bonds") to be issued
by the Economic Development Authority of the County of Roanoke, Virginia (the
"Authority"). The Bonds will be payable solely from the revenues derived from the
Financing Lease dated as of March 1, 2008 (the "Financing Lease"), as amended by
the First Amendment to Financing Lease, between the Authority to the County (the
"Amendment to Financing Lease") pursuant to which the County will agree to make
rental payments, subject to annual appropriation, sufficient to pay the principal of and
interest on the outstanding Series 2008 Bonds and the Bonds.
The Bonds will be issued pursuant to the following documents- (i) a First
Supplemental Indenture of Trust between the Authority and U.S. Bank National
Page 1 of 8
Association, as successor trustee (the "Trustee"), with the form of the Bonds attached
thereto, supplementing an Indenture of Trust dated as of March 1, 2008 between the
Authority and the Trustee; (ii) the First Amendment to Lease between the County and
the Authority amending the Lease dated as of March 1, 2008, between the County and
the Authority; (iii) the Amendment to Financing Lease; (iv) a Modification Agreement
among the Authority, the Trustee and certain substitute deed of trust trustees amending
(1) the Leasehold Deed of Trust and Security Agreement dated as of March 1, 2008,
between the Authority and certain deed of trust trustees and (2) the Assignment of
Rents and Leases dated as of March 1, 2008, between the Authority and the Trustee,
both securing the Series 2008 Bonds; (v) a Preliminary Official Statement (the
"Preliminary Official Statement") and an Official Statement (the "Official Statement")
with respect to the issuance and sale of the Bonds-, (vi) a Bond Purchase Agreement
(the "Bond Purchase Agreement"), among the County, the Authority and an
underwriter or a group of underwriters selected by the County as described below-, and
(vii) an Escrow Agreement between the Authority, the County and the Trustee, as
escrow agent. All of the documents listed above, except the Bonds, the Preliminary
Official Statement and the Official Statement are referred to in this Ordinance as the
"Basic Documents."
The first reading of this ordinance was held on May 26, 2015 and the second
reading of this ordinance was held on June 9, 2015.
Page 2 of 8
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1 . Issuance of Bonds. The County requests the Authority to issue its Bonds
in the maximum aggregate principal amount of $45,000,000 in one or more series at
one time or from time to time as may be requested by the County's Chairman of the
Board of Supervisors, the County Administrator or the Director of Finance (each, an
"Authorized Representative") for the purpose of refunding all or a portion of the Series
2008 Bonds and financing costs of issuing the Bonds. The principal of, premium, if any,
and interest on the Bonds shall be paid from revenues derived from payments made by
the County pursuant to the Financing Lease, as amended by the Amendment to
Financing Lease.
2. Authorization of Basic Documents. The execution and delivery of and the
performance by the County of its obligations under the Basic Documents to which the
County is a party are authorized. The Basic Documents to which the County is a party
shall be in such forms and contain such provisions as the County Administrator or the
Director of Finance, or his or her designee, shall approve, such approval to be
evidenced conclusively by the execution and delivery of the Basic Documents to which
the County is a party.
3. Execution of Basic Documents. The Authorized Representatives, or any
of them, are authorized to execute on behalf of the County the Basic Documents to
which the County is a party, and, if required, the County Administrator and the Clerk of
the County Board are authorized and directed to affix or to cause to be affixed the seal
of the County to the Basic Documents and to attest such seal. Such officers or their
Page 3 of 8
designees are authorized to execute and deliver on behalf of the County such
instruments, documents or certificates, and to do and perform such things and acts, as
they shall deem necessary or appropriate to carry out the transactions authorized by
this Ordinance or contemplated by the Basic Documents-, and all of the foregoing,
previously done or performed by such officers or agents of the County, are in all
respects approved, ratified and confirmed.
4. Sale of Bonds. The Authorized Representatives are hereby authorized
and directed to (i) select an underwriter or group of underwriters to underwrite (the
"Underwriter") the sale of the Bonds, (ii) consent to the terms of the sale of the Bonds
by the Authority to the Underwriter and (iii) execute and deliver the Bond Purchase
Agreement, provided that (1) the aggregate principal amount of the Bonds shall not
exceed the amount set forth in paragraph 1, (2) the refunding achieves an aggregate
net present value debt service savings of not less than 3% of the refunded principal
amount, (3) the sale price of the Bonds to the Underwriter shall not be less than 98% of
the aggregate principal amount thereof (not taking into account any original issue
discount) and (4) the final maturity of the Bonds shall not be later than the final fiscal
year in which the Refunded Bonds (as hereinafter defined ) mature. The approval of
such Authorized Representatives shall be evidenced conclusively by the executive and
delivery of the Bond Purchase Agreement.
5. Refunded Bonds. The Authorized Representatives are hereby authorized
and directed to select the Series 2008 Bonds to be refunded (the "Refunded Bonds")
and to cause the refunding of the Refunded Bonds pursuant to the terms of the Series
2008 Bonds and the documents securing the Series 2008 Bonds.
Page 4 of 8
6. Disclosure Documents. The Authorized Representatives and such other
officers and agents either Authorized Representative may designate are hereby
authorized and directed to prepare, execute, if required, and deliver an appropriate
Preliminary Official Statement and Official Statement or such other offering or disclosure
documents as may be necessary to expedite the sale of the Bonds. The Preliminary
Official Statement, Official Statement or other documents shall be published in such
publications and distributed in such manner, including by electronic distribution, and at
such times as the Authorized Representatives shall determine. The Authorized
Representatives and such other officer or agent either Authorized Representative may
designate, are hereby authorized to deem the Preliminary Official Statement "final" for
purposes of Securities Exchange Commission Rule 15c2-12.
7. Costs and Expenses. All costs and expenses in connection with the
undertaking of the refinancing of the County's obligations under the Financing Lease,
the refunding of the Refunded Bonds and the issuance of the Bonds, including the
Authority's fees and expenses and the fees and expenses of bond counsel and counsel
for the Authority, shall be paid from the proceeds of the Bonds, or other legally available
funds of the County. If for any reason the Bonds are not issued, it is understood that all
such expenses shall be paid by the County from its legally available funds and that the
Authority shall have no responsibility therefor.
8. Nature of Obligations. Nothing in this Ordinance, the Bonds or the Basic
Documents shall constitute a debt of the County and the Authority shall not be obligated
to make any payments under the Bonds or the Basic Documents except from payments
made by or on behalf of the County under the Financing Lease, as amended by the
Page 5 of 8
Amendment to Financing Lease. The County Administrator is directed to submit for
each fiscal year a request to the Board of Supervisors for an appropriation to the
Authority for an amount equal to the rental payments coming due under the Financing
Lease, as amended by the Amendment to Financing Lease for the next fiscal year. The
County's obligations to make payments to the Authority pursuant to this Ordinance shall
be subject to and dependent upon annual appropriations being made from time to time
by the Board of Supervisors for such purpose. Nothing in this Ordinance, the Bonds,
the Financing Lease or the Amendment to Financing Lease shall constitute a pledge of
the full faith and credit of the County.
9. Tax Covenants. The Authorized Representatives are hereby authorized
and directed to execute and deliver simultaneously with the issuance of any series of
Bonds the interest on which is intended to be excludable from gross income for federal
income tax purposes a tax certificate or agreement, or both (collectively, the "Tax
Agreement") setting forth the expected use and investment of the proceeds of the
Bonds 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 "Tax Code"),
including the provisions of Section 148 of the Tax Code and applicable regulations
relating to "arbitrage bonds." The proceeds from the issuance and sale of any such
series of the Bonds will be invested and expended as set forth in the Tax Agreement
and that the County will comply with the other covenants and representations contained
in it.
10. Further Actions. (a) The Authorized Representatives and such other
officers and agents either Authorized Representative may designate are hereby
Page 6 of 8
authorized and directed to take further action as each deems necessary or appropriate
regarding the issuance, credit enhancement and sale of the Bonds and the refunding of
the Refunded Bonds, including, without limitation, (i) purchasing of one or more credit
enhancements for any series of Bonds if market or other conditions so warrant, (ii)
entering into supply arrangements relating to the investment of the proceeds of any
series of Bonds, (iii) applying for CUSIP identification numbers and the execution and
delivery of replacement bonds in connection with any partial refunding of the Series
2008 Bonds, and (iv) selecting a verification agent and escrow agent in connection with
any series of Bonds.
(b) All actions taken by officers and agents of the County in connection with the
issuance and sale of the Bonds are hereby ratified and confirmed. The officers and
agents of the County are hereby authorized and directed to take such further actions as
each deems necessary regarding the issuance and sale of any series of Bonds and all
actions taken by such officers and agents in connection with the issuance and sale of
any series of Bonds are hereby ratified and confirmed.
11. Exercise of Discretion and Authorizations. Any authorization of an officer
of the County under this Ordinance entitles such officer to exercise his or her discretion
in taking action on behalf of the County, unless expressly provided otherwise. For any
authorization of the Authorized Representatives, it shall be sufficient that either
Authorized Representative act in order to bind the County. The authorizations granted
in this Ordinance to the County Administrator, the Director of Finance or the Clerk of the
Board of Supervisors, or any combination of the foregoing, may be carried out by any
Acting or Assistant County Administrator (with respect to authorizations granted to the
Page 7 of 8
County Administrator), Acting or Assistant Director of Finance (with respect to
authorizations granted to the Director of Finance) and any Deputy or Assistant Clerk
(with respect to authorizations granted to the Clerk of the Board of Supervisors), in the
absence of the primary officer.
12. Effective Date. This Ordinance shall take effect immediately.
On motion of Supervisor Peters to adopt the ordinance, and carried by the
following roll call and recorded vote. -
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
A COPY TESTE:
Deborah C. Jacks L/
Deputy Clerk to the Board of Supervisors
cc: Rebecca Owens, Director of Finance
Page 8 of 8
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON JUNE 9, 2015
RESOLUTION 060915-5 APPROVING THE SECONDARY SIX-YEAR
ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2016 THROUGH
2021 AND THE CONSTRUCTION PRIORITY LIST AND ESTIMATED
ALLOCATIONS FOR FISCAL YEAR 2016
WHEREAS, Sections 33.2-331 of the Code of Virginia (1950, as amended)
provides the opportunity for Roanoke County to work with the Virginia Department of
Transportation in developing a Secondary Six -Year Road Improvement Plan; and
WHEREAS, this Board had previously agreed to assist in the preparation of the
Secondary Six -Year Road Improvement Plan, in accordance with Virginia Department
of Transportation policies and procedures-, and
WHEREAS, a public hearing which was duly advertised on the proposed
Secondary Six -Year Improvement Plan for fiscal years 2016-2021 and Construction
Priority List and Estimated Allocations for fiscal year 2016 was held on June 9, 2015, to
receive comments and recommendations on Roanoke County's Secondary Six -Year
Road Improvement Plan for fiscal years 2016-2021 as well as the Construction Priority
List and Estimated Allocations for fiscal year 2016;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does
hereby approve the Secondary Six -Year Road Improvement Plan for Roanoke County
for fiscal years 2016-2021 -1
BE IT FURTHER RESOLVED, that the Board of Supervisors does also hereby
approve the Construction Priority List and Estimated Allocations for fiscal year 2016-1
BE IT FURTHER RESOLVED that a copy of this resolution duly attested to be
forthwith forwarded to the Virginia Department of Transportation Salem Residency
Page 1 of 2
Office along with a duly attested copy of the proposed Roanoke County Secondary Six -
Year Road Improvement Plan for fiscal years 2016-2021 by the Deputy Clerk to the
Board.
On motion of Supervisor Church to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
A C Y TESTE:
Del:�drah C. Jacks t"
Deputy Clerk to the Board of Supervisors
cc: Arnold Covey, Director of Community Development
Philip Thompson, Deputy Director of Planning
David Holladay, Planning Administrator
Virginia Department of Transportation
Page 2 of 2
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 9, 2015
RESOLUTION 060915-6.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LINDA BOLEN,
RECORDS TECHNICIAN 11, UPON HER RETIREMENT AFTER MORE
THAN THIRTY-THREE (33) YEARS OF SERVICE
WHEREAS, Linda Bolen was employed by Roanoke Countyon November23,1981
and has served as Data Entry Operator, Police Records Clerk, Records Technician I and
Records Technician 11 during her tenure-, and
WHEREAS, Ms. Bolen retired on June 1, 2015, after thirty-three (33) years and six
(6) months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Ms. Bolen throughout her employment with Roanoke County, has been
instrumental in improving the quality of life and providing services to the citizens of
Roanoke County-, and
WHEREAS, throughout Ms. Bolen's careerwith Roanoke County, shewas an active
party and witness to the expansion and growth of the Police Department. Ms. Bolen
experienced the transition from Sheriff's Office to Police Department. With the expansion
and progression of the Department, she also experienced the technology changes
throughout the years that greatly affected her duties as a Records Technician. Ms. Bolen
was able to adapt to the changes in technology as well as the increase in the number of
officers. Ms. Bolen was widely respected by her co-workers in the Records Unit as well as
by officers and supervisors of the Department. Ms. Bolen, while maintaining a high level of
professionalism and job knowledge, was always quick witted and humorous in her
interactions. This attitude made her easily approachable for all Department personnel.
Ms. Bolen's personality, attitude, job knowledge and never ceasing smile will be missed in
Page 1 of 2
the Roanoke County Police Department.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to LINDA BOLEN for more than thirty-three (33) 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.
On motion of Supervisor Peters to adopt the resolution, and carried by the following
roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
A Q*PY TESTE:
Deborah C. Jackd
Deputy Clerk to the Voard of Supervisors
Page 2 of 2
ACTION NO. A -060915-6.b
ITEM NO. J-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 9, 2015
Request to approve the Fiscal Agent Agreement with the
Regional Center for Animal Control and Protection
Rebecca E. Owens
Director of Finance
Thomas C. Gates
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The County of Roanoke currently serves as fiscal agent for Regional Center for Animal
Control and Protection (RCACP). This arrangement will expire June 30, 2015.
The attached fiscal agent agreement outlines the services provided by Roanoke County
and renews the contract. The agreement assumes no increase in fiscal agent fees for
2015-2016. A three percent (3%) increase in fees yielding $51,912 for fiscal year ending
June 30, 2017, is assumed.
FISCAL IMPACT:
The RCACP will pay the County of Roanoke $50,400 in fiscal year 2015-2016 to provide
fiscal agent services. This cost was included in the RCACP's approved 2015-2016 fiscal
year budget, although fiscal agent fees will increase to $51,912 for fiscal year 2016-2017
The revenue of the fiscal agent fees was included in the County appropriation ordinance
approved by the Board on May 26, 2015.
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends approval of the attached fiscal agent agreement with the Regional
Center for Animal Control and Protection, and authorization of the County Administrator to
sign the agreement.
VOTE:
Supervisor Peters moved to approve the request to approve the Fiscal Agent Agreement
with the Regional Center for Animal Control and Protection
Motion approved.
cc- Rebecca Owens, Director of Finance
Page 2 of 2
Yes
No
Absent
Ms. Moore
F -I
F -I
Mr. Bedrosian
F -I
F -I
Mr. Church
F -I
F -I
Mr. McNamara
F -I
F -I
Mr. Peters
F -I
F -I
cc- Rebecca Owens, Director of Finance
Page 2 of 2
Fiscal Agent Agreement
Between
The County of Roanoke,
And
The Regional Center for Animal Care and Protection
This agreement is made the 9th day of June, 2015, by and between the Board of
Supervisors of Roanoke County ("County"), a political subdivision and county of the
Commonwealth of Virginia, and The Regional Center for Animal Care and Protection,
an intergovernmental agreement between the County of Roanoke, City of Roanoke,
Town of Vinton, and Botetourt County.
RECITALS
1 . The Regional Center for Animal Care and Protection (Regional Pound) was
created by an intergovernmental agreement dated December 11, 2012 between the
charter members of the City of Roanoke, County of Roanoke, Town of Vinton, and
Botetourt County pursuant to code section 3.26546 of the Code of Virginia which requires
the governing body of each county, town, or city to maintain or cause a "pound" to be
maintained and allows one or more local governing bodies to operate a single "pound" in
conjunction with one another.
2. Section 3.2 of the intergovernmental agreement designates the County of
Roanoke to be the fiscal agent until otherwise agreed to by a unanimous vote of the
Executive Committee, and the fiscal agent is required to maintain a program account for
the receipt of funds paid by the Participating Localities and fees paid by the general
public, and for payment expenses for the operation, maintenance, repairs, and capital
improvements to the Regional Pound.
AGREEMENT
The County is hereby authorized to serve as Fiscal Agent for the Regional Pound as
set forth herein. As such, the Regional Pound and the County agree to the provisions
outlined below:
1 . Maintenance of Books. The County will establish a separate fund(s) on the
County financial system to maintain the financial records of the Regional Pound.
2. Pooled Cash. As part of the overall pooled cash concept that is used by the
County, the cash of the Regional Pound will be accounted for separately but may be
pooled with the cash of the County and other agencies that the County serves as fiscal
agent. As such, the Treasurer of the County is authorized to make investments for the
pooled cash in accordance with applicable law, including, without limitation, the
Investment of Public Funds Act, 2.2-4500 et seq., Code of Virginia (1950), as amended,
1
and the Virginia Security for Public Deposits Act, 2.2-4400 et seq., Code of Virginia
(1950), as amended .
3. Negative Cash. As a participant in the pooled cash concept of the County, the
Regional Pound may have a negative cash balance from time to time. The Regional
Pound agrees to minimize the negative cash to the extent possible. The cash balance
must be positive at the end of the fiscal year.
4. Interest Income. At the end of each month, the County allocates interest income
earned during that month to all of the funds based upon the percentage participation on
the pooled cash. If the net interest income is negative at the end of a month, then
negative interest will be allocated to the fund.
5. Loss on Investments. In the unlikely event that the County pooled cash has a
loss on an investment through default, market decline, or other reason except for
negligence, theft, or legal violations by the County and/or its agents, the Regional Pound
will share in the loss using the methodology described in paragraph 4.
6. Revenues. All revenues of the Regional Pound will be deposited with the County
Treasurer.
7. Payment of Vendors. The County will make vendor payments for the Regional
Pound. These payments will be made in a manner consistent with County procedures.
These payments will be combined into the normal County vendor payment process, and
as such the check stock used will be the County of Roanoke, and will be signed
electronically with the signatures that appear on County checks. Reference to the
Regional Pound may be made on the description line of the check.
8. Payment of Payroll. The County will process the payroll for the Regional Pound.
These payments will be made in a manner consistent with County procedures and follow
the County payroll cycle.
9. Processing of Payroll Taxes. The County will file all payroll taxes for the
Regional Pound.
10. Procurement. The County is available for consulting on Procurement activities
as requested by the Regional Pound.
11. Risk Management. The County is available for consulting on insurance
coverage as requested by the Regional Pound. The Regional Pound will be charged
directly for the costs associated with worker's compensation, insurance for property and
equipment, and the cost of health insurance not covered by premiums.
12. Financial Reports. The County will work with the Regional Pound staff and
Executive Committee to provide meaningful financial reports, as needed, for the Regional
Pound on a mutually convenient schedule. This will include monthly and annual financial
reports prepared for the Regional Pound's scheduled Executive meetings.
13. Systems. The County will provide access to the County's Financial System.
14. Audit. The County will assemble a review team that will include staff of the
Regional Pound and the County. This team will procure an audit firm to conduct the
Regional Pound's annual audit. The County will work with the auditors selected to
prepare the audit of the Regional Pound. The Regional Pound will maintain overall
responsibility forthe integrity of the Regional Pound's financial records that are provided
to the County and the auditor. The Regional Pound will be charged for the cost of the
audit.
15. Errors and Omissions. It is the responsibility of the Regional Pound to ensure
that all of the Regional Pound's financial information which shall be provided to the
County and\or any audit firm procured by the County on behalf of the Regional Pound is
correct, accurate, and complete.
16. Ownership. All funds and obligations of the Regional Pound are the property of
the Regional Pound. Upon termination of this Agreement, all funds and obligations will
be remitted to the Regional Pound, or its new fiscal agent.
17. Cost. The fiscal agent services outlined above will be provided to the Regional
Pound for a fee of $4,200.00 a month ($50,400.00 annually) for fiscal year ending June
30, 2016 and a fee of $4,326.00 a month ($51,912.00 annually) for fiscal year ending
June 30, 2017. The County has permission to transfer funds from the Regional Pound
fu nds to the Cou nty fu nds by jou rnal entry to pay for th is service.
18. Term. This agreement shall begin on July 1, 2015 and shall terminate on June
30, 2017. Further, either the County or the Regional Pound may terminate at any time
with one year written notice to the other.
In witness whereof, the parties have caused this Fiscal Agent Agreement to be
executed by their authorized officers.
By:
BOARD OF SUPERVISORS OF ROANOKE COUNTY
Its- COUNTY ADMINISTRATOR
3
Its- COUNTY ATTORNEY
REGIONAL CENTER FOR ANIMAL CARE AND PROTECTION
M
in
Its- Chief Executive Officer
Approved as to form:
Its- General COUNSEL
ACTION NO. A -060915-6.c
ITEM NO. J-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 9, 2015
Confirmation of appointment to the Board of Zoning Appeals
(appointed by District)
Deborah C. Jacks
Deputy Clerk to the Board
Thomas C. Gates
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Board of Zoning Appeals (appointed by District):
Supervisor Peters has recommended the reappointment of W. Eric Thomas for an
additional five-year term. This appointment, if approved, will expire June 30, 2020.
VOTE:
Supervisor Peters moved to approve the confirmation of the appointment.
Motion approved.
cc- John Murphy, Zoning Administrator
Page 1 of 1
Yes
No
Absent
Ms. Moore
El
El
Mr. Bedrosian
El
El
Mr. Church
El
El
Mr. McNamara
El
El
Mr. Peters
El
El
cc- John Murphy, Zoning Administrator
Page 1 of 1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 9, 2015
RESOLUTION 0605015-6 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows..
That the certain section of the agenda of the Board of Supervisors for June 9, 2015,
designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as
to each item separately set forth in said section designated Items 1 through 4 inclusive, as
follows..
1. Approval of minutes — May 12, 2015
2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Linda Bolen, Records Technician 11, upon her retirement after more
than thirty-three (33) years of service
3. Request to approve the Fiscal Agent Agreement with the Regional Center for
Animal Control and Protection
4. Confirmation of appointment to the Board of Zoning Appeals (appointed by
District)
On motion of Supervisor Peters to adopt the resolution, and carried by the following
roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
A COPY TESTE:
Deborah C. Jacks
Deputy Clerk to the Board of Supervisors
Page 1 of 1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 9,2015
RESOLUTION 0605015-6 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for June 9, 2015,
designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as
to each item separately set forth in said section designated Items 1 through 4 inclusive, as
follows:
1. Approval of minutes — May 12, 2015
2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Linda Bolen, Records Technician 11, upon her retirement after more
than thirty-three (33) years of service
3. Request to approve the Fiscal Agent Agreement with the Regional Center for
Animal Control and Protection
4. Confirmation of appointment to the Board of Zoning Appeals (appointed by
District)
On motion of Supervisor Peters to adopt the resolution, and carried by the following
roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
ZA PY TESTE:
De rLahC. AJack's
Deputy Clerk to the Board of Supervisors
Page 1 of 1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 9, 2015
ORDINANCE 060915-4 OF THE BOARD OF SUPERVISORSOF THE
COUNTY OF ROANOKE, VIRGINIA PROVIDING FOR THE ECONOMIC
DEVELOPMENT AUTHORITY OF THE COUNTY OF ROANOKE,
VIRGINIA TO ISSUE LEASE REVENUE REFUNDING BONDS TO
REFUND OUTSTANDING LEASE REVENUE BONDS (PUBLIC
FACILITY PROJECTS), SERIES 2008
The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the
"County") has determined that it is advisable (i) to refund all or a portion of the
Economic Development Authority of the County of Roanoke, Virginia's $58,595,000
Lease Revenue Bonds (Public Facility Projects), Series 2008, issued on March 27,
2008 (the "Series 2008 Bonds") for the purpose of financing certain facilities for the
County consisting of the acquisition, construction, furnishing and equipping of various
capital projects including a library, a recreation center, a fire -station, a fleet maintenance
facility and radio equipment and (ii) to obtain financing to refund all or a portion of the
Series 2008 Bonds through lease revenue refunding bonds (the "Bonds") to be issued
by the Economic Development Authority of the County of Roanoke, Virginia (the
"Authority"). The Bonds will be payable solely from the revenues derived from the
Financing Lease dated as of March 1, 2008 (the "Financing Lease"), as amended by
the First Amendment to Financing Lease, between the Authority to the County (the
"Amendment to Financing Lease") pursuant to which the County will agree to make
rental payments, subject to annual appropriation, sufficient to pay the principal of and
interest on the outstanding Series 2008 Bonds and the Bonds.
The Bonds will be issued pursuant to the following documents- (i) a First
Supplemental Indenture of Trust between the Authority and U.S. Bank National
Page 1 of 8
Association, as successor trustee (the "Trustee"), with the form of the Bonds attached
thereto, supplementing an Indenture of Trust dated as of March 1, 2008 between the
Authority and the Trustee; (ii) the First Amendment to Lease between the County and
the Authority amending the Lease dated as of March 1, 2008, between the County and
the Authority-, (iii) the Amendment to Financing Lease-, (iv) a Modification Agreement
among the Authority, the Trustee and certain substitute deed of trust trustees amending
(1) the Leasehold Deed of Trust and Security Agreement dated as of March 1, 2008,
between the Authority and certain deed of trust trustees and (2) the Assignment of
Rents and Leases dated as of March 1, 2008, between the Authority and the Trustee,
both securing the Series 2008 Bonds; (v) a Preliminary Official Statement (the
"Preliminary Official Statement") and an Official Statement (the "Official Statement")
with respect to the issuance and sale of the Bonds-, (vi) a Bond Purchase Agreement
(the "Bond Purchase Agreement"), among the County, the Authority and an
underwriter or a group of underwriters selected by the County as described below-, and
(vii) an Escrow Agreement between the Authority, the County and the Trustee, as
escrow agent. All of the documents listed above, except the Bonds, the Preliminary
Official Statement and the Official Statement are referred to in this Ordinance as the
"Basic Documents."
The first reading of this ordinance was held on May 26, 2015 and the second
reading of this ordinance was held on June 9, 2015.
Page 2 of 8
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1 . Issuance of Bonds. The County requests the Authority to issue its Bonds
in the maximum aggregate principal amount of $45,000,000 in one or more series at
one time or from time to time as may be requested by the County's Chairman of the
Board of Supervisors, the County Administrator or the Director of Finance (each, an
"Authorized Representative") for the purpose of refunding all or a portion of the Series
2008 Bonds and financing costs of issuing the Bonds. The principal of, premium, if any,
and interest on the Bonds shall be paid from revenues derived from payments made by
the County pursuant to the Financing Lease, as amended by the Amendment to
Financing Lease.
2. Authorization of Basic Documents. The execution and delivery of and the
performance by the County of its obligations under the Basic Documents to which the
County is a party are authorized. The Basic Documents to which the County is a party
shall be in such forms and contain such provisions as the County Administrator or the
Director of Finance, or his or her designee, shall approve, such approval to be
evidenced conclusively by the execution and delivery of the Basic Documents to which
the County is a party.
3. Execution of Basic Documents. The Authorized Representatives, or any
of them, are authorized to execute on behalf of the County the Basic Documents to
which the County is a party, and, if required, the County Administrator and the Clerk of
the County Board are authorized and directed to affix or to cause to be affixed the seal
of the County to the Basic Documents and to attest such seal. Such officers or their
Page 3 of 8
designees are authorized to execute and deliver on behalf of the County such
instruments, documents or certificates, and to do and perform such things and acts, as
they shall deem necessary or appropriate to carry out the transactions authorized by
this Ordinance or contemplated by the Basic Documents-, and all of the foregoing,
previously done or performed by such officers or agents of the County, are in all
respects approved, ratified and confirmed.
4. Sale of Bonds. The Authorized Representatives are hereby authorized
and directed to (i) select an underwriter or group of underwriters to underwrite (the
"Underwriter") the sale of the Bonds, (ii) consent to the terms of the sale of the Bonds
by the Authority to the Underwriter and (iii) execute and deliver the Bond Purchase
Agreement, provided that (1) the aggregate principal amount of the Bonds shall not
exceed the amount set forth in paragraph 1, (2) the refunding achieves an aggregate
net present value debt service savings of not less than 3% of the refunded principal
amount, (3) the sale price of the Bonds to the Underwriter shall not be less than 98% of
the aggregate principal amount thereof (not taking into account any original issue
discount) and (4) the final maturity of the Bonds shall not be later than the final fiscal
year in which the Refunded Bonds (as hereinafter defined ) mature. The approval of
such Authorized Representatives shall be evidenced conclusively by the executive and
delivery of the Bond Purchase Agreement.
5. Refunded Bonds. The Authorized Representatives are hereby authorized
and directed to select the Series 2008 Bonds to be refunded (the "Refunded Bonds")
and to cause the refunding of the Refunded Bonds pursuant to the terms of the Series
2008 Bonds and the documents securing the Series 2008 Bonds.
Page 4 of 8
6. Disclosure Documents. The Authorized Representatives and such other
officers and agents either Authorized Representative may designate are hereby
authorized and directed to prepare, execute, if required, and deliver an appropriate
Preliminary Official Statement and Official Statement or such other offering or disclosure
documents as may be necessary to expedite the sale of the Bonds. The Preliminary
Official Statement, Official Statement or other documents shall be published in such
publications and distributed in such manner, including by electronic distribution, and at
such times as the Authorized Representatives shall determine. The Authorized
Representatives and such other officer or agent either Authorized Representative may
designate, are hereby authorized to deem the Preliminary Official Statement "final" for
purposes of Securities Exchange Commission Rule 15c2-12.
7. Costs and Expenses. All costs and expenses in connection with the
undertaking of the refinancing of the County's obligations under the Financing Lease,
the refunding of the Refunded Bonds and the issuance of the Bonds, including the
Authority's fees and expenses and the fees and expenses of bond counsel and counsel
for the Authority, shall be paid from the proceeds of the Bonds, or other legally available
funds of the County. If for any reason the Bonds are not issued, it is understood that all
such expenses shall be paid by the County from its legally available funds and that the
Authority shall have no responsibility therefor.
8. Nature of Obligations. Nothing in this Ordinance, the Bonds or the Basic
Documents shall constitute a debt of the County and the Authority shall not be obligated
to make any payments under the Bonds or the Basic Documents except from payments
made by or on behalf of the County under the Financing Lease, as amended by the
Page 5 of 8
Amendment to Financing Lease. The County Administrator is directed to submit for
each fiscal year a request to the Board of Supervisors for an appropriation to the
Authority for an amount equal to the rental payments coming due under the Financing
Lease, as amended by the Amendment to Financing Lease for the next fiscal year. The
County's obligations to make payments to the Authority pursuant to this Ordinance shall
be subject to and dependent upon annual appropriations being made from time to time
by the Board of Supervisors for such purpose. Nothing in this Ordinance, the Bonds,
the Financing Lease or the Amendment to Financing Lease shall constitute a pledge of
the full faith and credit of the County.
9. Tax Covenants. The Authorized Representatives are hereby authorized
and directed to execute and deliver simultaneously with the issuance of any series of
Bonds the interest on which is intended to be excludable from gross income for federal
income tax purposes a tax certificate or agreement, or both (collectively, the "Tax
Agreement") setting forth the expected use and investment of the proceeds of the
Bonds 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 "Tax Code"),
including the provisions of Section 148 of the Tax Code and applicable regulations
relating to "arbitrage bonds." The proceeds from the issuance and sale of any such
series of the Bonds will be invested and expended as set forth in the Tax Agreement
and that the County will comply with the other covenants and representations contained
in it.
10. Further Actions. (a) The Authorized Representatives and such other
officers and agents either Authorized Representative may designate are hereby
Page 6 of 8
authorized and directed to take further action as each deems necessary or appropriate
regarding the issuance, credit enhancement and sale of the Bonds and the refunding of
the Refunded Bonds, including, without limitation, (i) purchasing of one or more credit
enhancements for any series of Bonds if market or other conditions so warrant, (ii)
entering into supply arrangements relating to the investment of the proceeds of any
series of Bonds, (iii) applying for CUSIP identification numbers and the execution and
delivery of replacement bonds in connection with any partial refunding of the Series
2008 Bonds, and (iv) selecting a verification agent and escrow agent in connection with
any series of Bonds.
(b) All actions taken by officers and agents of the County in connection with the
issuance and sale of the Bonds are hereby ratified and confirmed. The officers and
agents of the County are hereby authorized and directed to take such further actions as
each deems necessary regarding the issuance and sale of any series of Bonds and all
actions taken by such officers and agents in connection with the issuance and sale of
any series of Bonds are hereby ratified and confirmed.
11. Exercise of Discretion and Authorizations. Any authorization of an officer
of the County under this Ordinance entitles such officer to exercise his or her discretion
in taking action on behalf of the County, unless expressly provided otherwise. For any
authorization of the Authorized Representatives, it shall be sufficient that either
Authorized Representative act in order to bind the County. The authorizations granted
in this Ordinance to the County Administrator, the Director of Finance or the Clerk of the
Board of Supervisors, or any combination of the foregoing, may be carried out by any
Acting or Assistant County Administrator (with respect to authorizations granted to the
Page 7 of 8
County Administrator), Acting or Assistant Director of Finance (with respect to
authorizations granted to the Director of Finance) and any Deputy or Assistant Clerk
(with respect to authorizations granted to the Clerk of the Board of Supervisors), in the
absence of the primary officer.
12. Effective Date. This Ordinance shall take effect immediately.
On motion of Supervisor Peters to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters
NAYS: None
A COPY TESTE:
Deborah C. Jacks
Deputy Clerk to the Board of Supervisors
cc- Rebecca Owens, Director of Finance
Page 8 of 8