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HomeMy WebLinkAbout8/11/2015 - RegularRoanoke County Board of Supervisors August 11, 2015 INVOCATION: Pastor James Bergquist Roanoke Avenue Baptist Church PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 4 Roanoke County Board of Supervisors Agenda August 11, 2015 Good afternoon and welcome to our meeting for August 11, 2015. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.gov. Our meetings are closed -captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS 1. Briefing to update the Board of Supervisors on results of bond rating and refunding of Lease Revenue Bonds on the results of the Bond Refinancing and Bond Ratings (Rebecca Owens, Director of Finance) 2. Briefing to update the Board of Supervisors on the Mountain Valley Pipeline (MVP) Project (Richard L. Caywood, Assistant County Administrator; Ruth Ellen Kuhnel, Senior Assistant County Attorney, Howard B. Hall, Chief of Police) Page 2 of 4 E. NEW BUSINESS 1. Resolution requesting the Virginia Department of Transportation permit the erection of public service signage in the right-of-way for the 2015 Anti -Litter Campaign (Megan G. Cronise, Principal Planner) 2. Request for authorization to execute a Performance Agreement between the County of Roanoke, the Roanoke County Economic Development Authority and Old School Partners, LLC, Vinton Magisterial District (Jill Loope, Director of Economic Development; Paul M. Mahoney, County Attorney) F. FIRST READING OF ORDINANCES G. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance amending Chapter 10. — Licenses of the Roanoke County Code by the addition of a new Section 10-59. - Pawnbrokers and will include a license tax as provided in Sec. 10-36 and an application fee of two hundred dollars ($200) (Paul M. Mahoney, County Attorney) H. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Clean Valley Counsel (At Large) 3. Parks, Recreation and Tourism Advisory Commission (appointed by District) 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 — July 14, 2015 2. Request for ratification of appointment of representatives to the Roanoke County Community Policy Management Team (CPMT) J. CITIZENS' COMMENTS AND COMMUNICATIONS Page 3 of 4 K. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Outstanding Debt 5. Proclamations signed by the Chairman L. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph B. "Butch" Church 2. Joseph P. McNamara 3. Charlotte A. Moore 4. Al Bedrosian 5. P. Jason Peters M. WORK SESSIONS 1. Work session to discuss the changes in the regulation for open burning in Roanoke County (Steve Simon, Chief of Fire and Rescue; Rob Light, Assistant Director of General Services; Brian Simmons, Fire Marshal) N. CLOSED SESSION, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.1. To discuss and consider the employment, appointment and resignation of specific public officers, appointees, or employees; namely the County Attorney O. CERTIFICATION RESOLUTION P. ADJOURNMENT Page 4 of 4 ACTION NO. ITEM NO. D-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 11, 2015 AGENDA ITEM: Briefing to update the Board of Supervisors on results of bond rating and refunding of Lease Revenue Bonds SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On June 9, 2015, the Board approved Ordinance number 0-060915-4 to refund previously issued 2008 revenue bonds and provide for debt service savings. The ordinance authorized refunding up to $45 million of the 2008 lease revenue bonds as an accelerated savings with an aggregate net present value savings of not less than three percent (3%). This report will provide the results of the County's bond rating and the refunding of the 2008 Lease Revenue Bonds. Bond Rating Results Fitch Ratings and Standard and Poor's Ratings Services affirmed Roanoke County's AA bond rating with stable outlook for the Lease Revenue bonds and AA+ on the County's underlying credit program. This news reflects the County's consistently good economic growth, financial practices, and policies that have helped the County maintain a strong financial performance. Roanoke County staff members recently participated in a conference call with Fitch Ratings and Standard and Poor's Ratings Services to provide an update of the County's economic development strategy and initiatives, the financial strength and highlights of the County, and regional cooperative efforts since the County's last review. When assigning a bond rating, agencies assess the following factors: economy, debt structure, financial condition, demographic factors, and management practices. Page 1 of 2 The Fitch Ratings report reflects strong financial performance, a diverse regional economy, a stable tax base, and moderately low debt. Fitch Ratings says "financial management is strong, as reflected in sound reserve levels, detailed planning, and stringent expenditure controls. Also, overall debt levels are expected to remain moderately low due to the County's commitment to a combination of moderate debt issuance and pay-as-you-go capital funding." Standard and Poor's Ratings Services report reflects a very strong economy with low unemployment and strong wealth and income indicators, sound financial management, and moderate to low overall debt burden. Standard and Poor's Ratings Services called the County's management practices "strong, well -embedded and likely sustainable." They also indicated that if the County's metrics continue to strengthen while financial performance remains strong, the rating could move higher. See attachment A for the complete rating report for Fitch Ratings and attachment B for the Standard and Poor's Rating Services report. Financial Results of the Bond Refunding - Ordinance number 0-060915-4 authorized the refunding of the 2008 lease revenue bonds. The ordinance allowed a refunding up to $45 million of the bonds as an accelerated savings with aggregate net present value savings of not less than three percent (3%). Original estimated savings for the refunding transaction based on market conditions in May 2015 were approximately $1.4 million savings on $31.5 million of bonds at a present value savings of four point two five percent (4.25%). The bonds priced successfully and the County achieved better than anticipated results. On August 6, 2015, the County refunded $40,740,000 of Lease Revenue Bonds that had previously been issued for the financing of the Fleet Service Center, South County Library, Green Ridge Recreational Center, North County Fire Station and the 800 MHZ radios. Market conditions were very favorable and the annual savings as reported were $2,850,899.17. The all -in true interest cost was three point three nine percent (3.39%) and the net present value savings of refunded bonds was six point eight six percent (6.86%). The outstanding debt of the County and Schools as of August 11, 2015, was $181.4 million. As a result of this transaction, funds are available to pay the entire outstanding capital lease obligation, Literary Loans, and the 2011 EDA Lease Revenue Bonds in full, thus reducing our debt approximately $2.6 million. Use of remaining refunding proceeds 2017-2038 totaling $182,338 will be reviewed with the Board during the budget and appropriated in future years budgets. The bonds are scheduled to close on September 17, 2015. See attachment C for the detailed savings. Page 2 of 2 F"t6 lhRatings ATTACHMENT Roanoke County, Virginia Lease Revenue Bonds New Issue Report Ratings New Issue Details New issue Sale Information: Up to $45,000,000 Economic Lease Revenue Bonds, Series 2015, Economic Development Authority Lease Revenue Refunding Bonds, expected to sell through negotiation the week of Aug. 3. Series 2015 AA Outstanding Debt Security: The lease revenue bonds are secured by a pledge of basic rent payments made by Economic Development Authority the county, subject to annual appropriation, pursuant to a financing agreement between the Lease Revenue Bonds AA county and the Economic Development Authority (EDA). Further pursuant to a leasehold deed Rating Outlook of trust, the EDA has granted a lien for the benefit of the trustee on certain essential Stable government assets. Purpose: To refund a portion of the series 2008 lease revenue bonds for debt service savings. Final Maturity: Oct., 15, 2037. Key Rating Drivers Strong Financial Performance: Financial performance has been consistently strong as a result of sustained positive financial management and controlled expenditure growth resulting in strong reserve levels and ample liquidity. Diverse Regional Economy: The county and adjacent city of Roanoke, serve as a regional hub underpinned by strong transportation and medical sectors. The broad county employment base has maintained a low unemployment rate with income levels that compare favorably to national levels. Stable Tax Base: Taxable assessed valuation (TAV) experienced a minimal 2% decline during the economic downturn and began a trend of growth in fiscal 2014. Moderately Low Debt: Overall debt levels are expected to remain moderately low due to the county's commitment to a combination of moderate debt issuance and pay-as-you-go capital funding. Related Research Appropriation Debt Lien on Assets: The lease revenue bonds are subject to annual Fitch Rates Roanoke County, VA's k SIMM appropriation. Essential government assets subject to a lien provide sufficient incentive to Lease Revenue Bonds'AA; Outlook Stable g 1 (July 2015) appropriate. Rating Sensitivities Maintenance of Reserves: The county's history of maintaining a strong financial position indicates continued rating stability. A material decline in financial reserves could pressure the rating. Analysts Patricia McGuigan +1212 908-0675 patrida.mcguiganGfitchrafings.mn Michael Rinaldi +1212 908.0833 michaelAnaldi@fitchratings.com www.fitchratings.com July 30, 2015 FitchRatings Rating History 2010 Credit Profile 2012 Outlook/ 2014 Roanoke County is a member of the Roanoke metropolitan statistical area, a regional Rating Action watch Date 106,597 AA Affirmed Stable 7/27/15 transportation and medical hub. County population growth has been steady, increasing by AA Affirmed Stable 1122/14 about 0.7% annually over the past decade to 93,785 in 2014. AA Affirmed Stable 1/24/12 32,868 AA Revised Stable 4/30/10 General Fund Financial Summary AA- Affirmed Stable 1/27/10 License and Permits AA- Revised Stable 2/1/08 ($000, Audited Fiscal Years Ended June 30) General Government 2010 2011 2012 2013 2014 Property Tax Revenue 105,040 105,758 106,577 106,597 107,107 Sales Tax Revenue 12,397 12,974 13,189 13,420 13,636 Other Tax Revenue 17,671 18,991 18,764 32,868 20,141 Total Tax Revenue 135,108 137,723 138,530 139,465 140,884 License and Permits 830 643 670 706 713 Fines and Forfeits 810 889 794 804 568 Charges for Services 5,401 7,541 8,062 7,908 8,464 Intergovernmental Revenue 31,336 30,647 28,215 29,652 29,689 Other Revenue 3,332 3,894 5,361 3,644 4,144 General Fund Revenue 176,817 181,337 181,632 182,179 184,462 General Government 13,883 13,744 13,831 11,951 14,092 Public Safety 40,436 42,170 40,967 43,147 44,007 Public Works 12,716 13,079 12,803 13,420 14,059 Health and Social Services 16,779 16,615 14,615 14,980 15,353 Culture and Recreation 5,757 7,351 7,705 7,565 8,161 Educational 61,181 62,819 64,340 64,333 64,877 Other 5,612 5,726 5,622 8,044 5,748 General Fund Expenditures 156,364 161,504 159,883 163,440 166,297 General Fund Surplus 20,453 19,833 21,749 18,739 18,165 Transfers In 2,368 1,061 807 2,342 3,022 Transfers Out 19,213 18,646 19,378 19,498 21,703 Net Transfers and Other (16,845) (17,585) (18,571) (17,156) (18,681) Net Surplusi(Deficit) 3,608 2,248 3,178 1,583 (516) Total Fund Balance 36,702 38,949 42,128 43,712 43,196 As % of Expenditures, Transfers Out, and Other Uses 20.9 21.6 23.5 23.9 23.0 Unreserved Fund Balance' 35,757 - - - - As % of Expenditures, Transfers Out, and Other Uses 20.4 - - - - Unrestricted Fund Balance° - 29,762 32,312 33,979 35,995 As % of Expenditures, Transfers Out, and Other Uses - 16.5 18.0 18.6 19.1 'Pre GASB54. 'Reflects GASB 54 classifications: sum of committed, assigned, and unassigned. Note: Numbers may not add due to rounding. A Diversifying Economy Continued industrial and commercial development activity has historically driven population growth and provided healthy tax base stability. While overall development has been moderate, it has diversified the traditional manufacturing base to include higher wage research and development and high technology manufacturing. Several expansions and additions have Related Criteria recently been announced, including a significant expansion by the largest private employer, U.S. Local Government Tax -Supported Rating Criteria (August 2012) Wells Fargo's call center and back office operations. Tax -Supported Rating Criteria (August 2012) Construction activity has seen an uptick in the past three years and several recent announcements bode well for continued growth. Building permit activity for 2015 shows a continued increase. Residential property values, which were only moderately affected during Roanoke County, Virginia _ 2 July 30, 2015 the recession, are showing improvement. Modest tax base growth has enabled the county to maintain a stable tax rate. Leading taxpayers are a diverse mix of utilities, residential developments, retail and manufacturers, with the top 10 comprising a low 4% in 2014. The Roanoke MSA provides an employment level of over 150,000, with approximately a quarter of the jobs in the county. The county's economic resilience is shown in consistently strong employment levels: unemployment reached a high of only 6.3% during the recession. The county's March 2015 unemployment rate is a very low 4.3%, well below the national average of 5.6%. Wealth indicators are solidly above national levels. The poverty rate is a low 6.6%, well below the national rate of 15.4%. Sound Financial Performance Financial management is strong, as reflected in sound reserve levels, detailed planning, and stringent expenditure controls. The county routinely meets its financial reserve policy, which is maintaining a reserve of 11% of the following year's budgeted general fund revenues. In fiscal 2014, after transferring $5.0 million to the capital projects fund, the county concluded with a $0.5 million use of reserves (0.3% of spending). The unrestricted general fund reserve of $36.0 million is a sound 19.1% of expenditures. Fiscal 2015 general fund operations are projected to close with no significant change in total fund balance and adherence to the reserve policy of an unassigned balance equal to 11% of the fiscal 2016 budgeted expenditures. The fiscal 2016 budget is a 2.6% increase from the prior year budget and is largely funded from growth in the tax base; the tax rate remains the same. The budget is balanced with no use of reserves. In conformance with the county's fiscal policies, the budget includes a $.5 million increase in the unassigned fund balance. The budget provides for a 2.5% employee pay increase and a 1.1 % increase in the transfer to schools. Manageable Debt Profile The county's debt profile benefits from adherence to conservative policies. Its debt burden has remained consistent at a moderately low $2,060 per capita and 2.1% of market value. The county's debt service expenditures were below its internal target of 10% of general fund and school board expenditures. Fitch calculates debt service as a percent of total governmental spending which was a moderate 9.6% for fiscal 2014. Principal is retired at an above average 59% within 10 years. Debt Statistics ($OW) This Issue 34,685 Outstanding Direct Debt — Net of Refunding 158,542 Total Overall Debt 193,227 Debt Ratios Net Direct Debt Per Capita ($)a 2,060 As % of Market Value° 2.1 Overall Debt Per Capita ($f 2,060 As % of Market Value' 2.1 Population: 93,785 (2014). °Market value: $9,146,130,000 (2014). Note: Numbers may not add due to rounding. Future capital needs are affordable. The county's 10 -year capital improvement plan (CIP) for 2016-2025 totals $147 million, including school needs of $83 million. No borrowing is planned over the coming two years, the next issuance is $24 million in fiscal 2018. Total borrowing over the 10 years is estimated at $95 million, and is less than the amount maturing. Given the level of maturing debt and the growing tax base, additional planned borrowing should be Roanoke County, Virginia July 30, 2015 fitchRatings manageable. The county prudently sets aside funds to be used for pay-as-you-go capital financing. Affordable Long -Term Liabilities County employees participate in the state -administered Virginia Retirement System (VRS), an agent plan. The county makes annual payments as determined by the state that equal its annual required contribution (ARC). As of the June 30, 2014 actuarial report, the unfunded actuarial accrued liability (UAAL) was a moderate $44.9 million (0.4% of full value of real property) and the funded ratio was 78.9%. The system utilizes a 7% investment return assumption, in line with Fitch's standard adjustments to pension system liability calculations for other governments. The county offers other post -employment benefits (OPEB) and fully funds its ARC. At June 30, 2014, the OPEB UAAL was a minimal $8.4 million, the plan's funded ratio was 32.6%. Total county carrying costs (pension, OPEB, and debt service) for fiscal 2014 totaled a modest 12.5% of general government expenditures. Lease Revenue Bonds Include Lien Payments supporting lease revenue bonds are subject to annual appropriation by the county, pursuant to a financing agreement between the county and the EDA. Further security is provided by a leasehold deed of trust granting a lien by the EDA for the benefit of the trustee on its leasehold interest. The series 2008 and 2015 bonds are on parity and have a lien on a recreation center, library, vehicle fleet maintenance facility, and a fire station. The series 2008 bonds have a standard debt service reserve fund in the form of a surety; no debt service reserve is planned for the series 2015 bonds. Roanoke County, Virginia July 30, 2015 The ratings above were solicited by, or on behalf of, the issuer, and therefore, Fitch has been compensated for the provision of the ratings. ALL FITCH CREDIT RATINGS ARE SUBJECT TO CERTAIN LIMITATIONS AND DISCLAIMERS. 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Roanoke County, Virginia July 30, 2015 STANDARD & POOR'S RATINGS SERVICES WGRAW HILL FINANCIAL ATTACHMENT B RatingsDirect a Summary: Roanoke County Economic Development Authority, Virginia Roanoke County; Appropriations Primary Credit Analyst: Timothy W Barrett, Washington ac. (1) 212-438-6327; timothybarrett@standardandpoors.com Secondary Contact: Timothy W Little, New York (212) 438-7999; timothy.little@standardandpoors.com Table Of Contents ............................................................................................................. Rationale Outlook Related Criteria And Research WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 30, 2015 1 1426960 1300189365 Summary: Roanoke County Economic Development Authority, Virginia Roanoke County; Appropriations US$34.685 mil Ise rev rfdg bnds (Roanoke Cnty) (Pub Facs Proj) ser 2015 due 10/15/2037 Long Term Rating AA/Stable New Roanoke Cnty Indl Dev Auth, Virginia Roanoke Cnty, Virginia Roanoke Cnty Econ Dev Auth (Roanoke Cnty) Ise (Pub Fac Projs) ser 2008 (ASSURED GTY) Unenhanced Rating AA(SPUR)/Stable Affirmed Many issues are enhanced by bond insurance. Rationale Standard & Poor's Ratings Services assigned its 'AA' rating to the Roanoke County Economic Development Authority, Va.'s lease revenue refunding bonds, supported by Roanoke County. At the same time, Standard & Poor's affirmed its 'AA+' underlying rating for credit program on the county. The outlook is stable. The lease revenue rating reflects: • The general creditworthiness of Roanoke County as lessee; • The strong contractual provisions of absolute and unconditional lease payments for debt service following annual appropriation; and • A demonstrated commitment by the county to repay its appropriation -backed obligations. The series 2015 lease revenue bonds are secured and payable from annual basic rent payments, subject to annual appropriation, from Roanoke County, set in a time and amount so as to provide for the debt service on the bonds. The authority will use bond proceeds to refund the series 2008 lease revenue bonds outstanding, which were issued to finance various capital projects for the county, including a new recreational center, library, and fire station. Pursuant to the financing lease, the county is required to make semiannual payments sufficient to pay principal and interest on the bonds to the trustee, as assignee of the authority. The basic rent payments are absolute and unconditional and subject only to annual county appropriation of sufficient funds. The rental payments are also payable without any right of set-off or counterclaim. Although there is no debt service reserve fund, the risk of late budget adoption is mitigated by state statutes that require the county to adopt its budget by the beginning of its fiscal year (Code of Virginia §15.2-2503), or July 1 for the county, as well as lease rental payments for each year starting on Oct. 1, three months after the start of the fiscal year. Factors, in our view, included in the county's underlying rating for credit program consist of Roanoke County's: WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 30, 2015 2 Summary: Roanoke County Economic Development Authority, Virginia Roanoke County; Appropriations • Very strong economy, with access to a broad and diverse metropolitan statistical area (MSA) as well as strong wealth and income indicators; • Strong budgetary performance, with a history of balanced operating results in the general fund as well as a sizeable pay -go capital program; • Very strong budgetary flexibility, with an available fund balance in fiscal 2014 of 19% of operating expenditures, which includes committed reserves that following board approval can be used for general operating expenses; • Very strong liquidity, with total government available cash of 24.5% of total governmental fund expenditures and 2.6x governmental debt service, and access to external liquidity we consider strong; • Very strong management, with "strong" financial policies and practices under our Financial Management Assessment (FMA) methodology; • Adequate debt and contingent liability position, with debt service carrying charges of 9.6% of expenditures and net direct debt that is 86.1% of total governmental fund revenue and low overall net debt at less than 2% of market value; and • Very strong institutional framework score. Very strong economy We consider Roanoke County's economy very strong. Roanoke County, with an estimated population of 93,569, is located in the Roanoke, VA MSA, which we consider to be broad and diverse. The county has a projected per capita effective buying income of 120% of the national level and per capita market value of about $101,000. Overall, the county's market value grew by 1.7% over the past year to an estimated $9.5 billion in 2016. The county unemployment rate was low in our view at just 4.7% in 2014. The county is the suburban hub of the Roanoke Valley. As the economic center for western Virginia, it draws from a much larger regional labor force within commuting distance of its borders. Roanoke and Salem are both within the county's boundaries, but neither city is part of the county. Vinton is the county's only incorporated municipality. Most residents of the largely rural and mountainous county live near Roanoke's and Salem's suburbs. Leading employers in the county include Roanoke County Schools, Wells Fargo Operations Center, the county itself, Kroger Supermarkets, and Richfield Recovery & Care Center. The county is seeing a substantial amount of new business growth as well as expansion of existing businesses, including Wells Fargo adding 530 positions and the opening of Ardagh Group in 2014, a $93.5 million investment that generated more than 100 jobs. As such, we expect the county's assessed valuation (AV) to continue growing due in part to these developments as well as to higher residential prices. Strong budgetary performance Roanoke County's budgetary performance is strong in our opinion, as the county has a history of balanced operations as well as recurring annual transfers from the general fund to the capital projects fund for pay-as-you-go capital expenses. The budget for fiscal 2016 is balanced at $178.8 million with no change to the real estate tax rate, which remained $1.09 per $100 of AV for the tenth consecutive year. Real estate tax revenue is projected to grow by 1.7% due to a strengthening housing market and sales taxes are projected to increase slightly by 1.0%. It is our understanding that management does not expect a material change in reserves at year end. Unaudited results for fiscal 2015 indicate revenues came in about $700,000 above budget and expenditures were $1.8 million below budget. As such, it is our understanding that management expects to add about $500,000 to the WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 30, 2015 3 1426960 1300189365 Summary: Roanoke County Economic Development Authority, Virginia Roanoke County; Appropriations unassigned fund balance. Management attributes the good operating result to conservative budgeting, as well as strong underlying economic fundamentals. The county had what we view as balanced operating results in the general fund in fiscal 2014, with a slight $515,000 drawdown after transfers. The drawdown was due in part to the county transferring $7.2 million from the general fund to the capital projects fund for pay-as-you-go capital expenses. Property taxes are the county's primary source of general fund revenues, and account for 58% of revenues. Very strong budgetary flexibility Roanoke County's budgetary flexibility is very strong in our view. The county has a history of maintaining what we view as very strong reserves. The county ended fiscal 2014 with an available fund of 19% of operating expenditures, or $36.0 million, after accounting for committed reserves of $12.2 million available for general operations following board approval. The unassigned portion of $21.8 million is equal to 13.1% of expenditures, which is above the county's 10% policy. It is our understanding that the county expects to increase the fund balance by about $500,000 at the end of fiscal 2015, according to unaudited year-end results. In addition, the fiscal 2016 budget is balanced and management does not expect reserves to materially change at year-end. Very strong liquidity In our opinion, Roanoke County's liquidity is very strong, with available cash in the general fund equal to 24.5% of total governmental fund expenditures and 2.6x governmental debt service in 2014. In our view, the county has strong access to external liquidity if necessary. We believe the county's investments are conservative. Most of the county's investments are maintained in federal agency bonds and notes, as well as demand deposits and money market mutual funds. Very strong management We view the county's management as very strong, with "strong" financial policies and practices under our FMA methodology, indicating financial practices are strong, well embedded, and likely sustainable. Highlights of the county's policies include conservative budget assumptions that take into account historical performance and adjust for current trends. Once adopted, officials amend the budget as needed. Management monitors financial performance monthly and reports the results to the board of supervisors quarterly. Per the adopted debt policy, the county's debt should not exceed $2,500 per capita or 3% of market value, and carrying charges should not exceed 10% of total general and school expenditures. The county's reserve policy mandates a minimum unappropriated fund balance of 11% of general fund revenues and the use of excess reserves for one-time capital expenditures. Adequate debt and contingent liability profile In our view, Roanoke County's debt and contingent liability profile is adequate. Total governmental fund debt service is 9.6% of total governmental fund expenditures, and net direct debt is 86.1% of total governmental fund revenue. Overall net debt is low at 1.8% of market value, which is in our view a positive credit factor. We consider principal amortization slightly above average with officials planning to retire about 60% over 10 years. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 30, 2015 4 1426960 1300189365 Summary: Roanoke County Economic Development Authority, Virginia Roanoke County; Appropriations The county's ten-year capital improvement plan (CIP) totals $147.4 million. The county expects to fund the CIP primarily through the use of bond issuances, which account for $94.8 million, or about 64% of the CIP, as well as through pay-as-you-go financing, which accounts for $25.6 million, or 17% of the CIP. The county participates in the Virginia Retirement System and makes the 100% pension contribution cost annually. Roanoke County's combined pension and other postemployment benefit (OPEB) contributions totaled 2.9% of total governmental fund expenditures in 2014. Of that amount, 2.3% represented contributions to pension obligations and 0.6% represented OPEB payments. The county made its frill annual required pension contribution in 2014. Officials fund OPEB contributions annually through pay-as-you-go financing. Very strong institutional framework The institutional framework score for Virginia counties is very strong. Outlook The stable outlook reflects Standard & Poor's view of Roanoke County's deep and diverse economy, which serves as an economic center for western Virginia. We believe the county will likely maintain what we consider its very strong budgetary flexibility and liquidity and, at least, adequate financial performance due to what we regard as conservative budgeting practices. We also believe debt will likely remain what we view as low due to limited capital needs and above-average debt amortization. We therefore do not expect to change the rating within the outlook's two-year period. However, if the county's economic metrics continue to strengthen while financial performance remains strong, the rating could move higher. On the other hand, although we do not expect this to occur given the county's very strong management conditions and historically strong financial performance, we could lower the rating if budgetary flexibility were to decrease significantly and unexpectedly. Related Criteria And Research Related Criteria • USPF Criteria: Local Government GO Ratings Methodology And Assumptions, Sept. 12, 2013 • USPF Criteria: Financial Management Assessment, June 27, 2006 • USPF Criteria: Debt Statement Analysis, Aug. 22, 2006 • USPF Criteria: Appropriation -Backed Obligations, June 13, 2007 • USPF Criteria: Assigning Issue Credit Ratings Of Operating Entities, May 20, 2015 • Criteria: Use of CreditWatch And Outlooks, Sept. 14, 2009 Related Research S&P Public Finance Local GO Criteria: How We Adjust Data For Analytic Consistency, Sept. 12, 2013 Institutional Framework Overview: Virginia Local Governments Complete ratings information is available to subscribers of RatingsDirect at www.globalcreditportal.com. All ratings WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 30, 2015 5 1426960 1300189365 Summary: Roanoke County Economic Development Authority, Virginia Roanoke County; Appropriations affected by this rating action can be found on Standard & Pooes public Web site at www.standardandpoors.com. Use the Ratings search box located in the left column. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 30, 2015 6 `0 7 ! u Copyright © 2015 Standard & Pooes Financial Services LLC, a part of McGraw Hill Financial. All rights reserved No content (including ratings, credit -related analyses and data, valuations, model, software or other application or output therefrom) or any part thereof (Content) may be modified, reverse engineered, reproduced or distributed in any form by any means, or stored in a database or retrieval system, without the prior written permission of Standard & Poor's Financial Services LLC or its affiliates (collectively, S&P). 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Additional information about our ratings fees is available at www.standardandpoors.com/usratingsfees, WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 30, 2015 7 1426960 1300189365 Attachment C Roanoke County EDA Lease Revenue Refunding Bonds, Series 2015 Fisal year Accelerated Ending 6/30 Savings 2016 $ 2,668,562 2017 133,525 2018 3,700 2019 2,300 2020 3,800 2021 4,950 2022 1,475 2023 475 2024 4,600 2025 3,975 2026 4,100 2027 100 2028 1,975 2029 500 2030 3,675 2031 1,819 2032 106 2033 325 2034 2,244 2035 581 2036 3,275 2037 4,356 2038 481 $ 2,850,899 Present Value Savings $ 2,793,453 T:\Board Meetings\2015\08-11-2015\Notes\attachmentc8/7/2015 ACTION NO. ITEM NO. D-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 11, 2015 Briefing to update the Board of Supervisors on the Mountain Valley Pipeline Project Richard L. Caywood Assistant County Administrator Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staff will brief the Board of Supervisors regarding the Mountain Valley Pipeline project. Page 1 of 1 Code of Virginia Title 56. Public Service Companies Chapter 2. Creation and Powers of Public Service Corporations § 56-49.01. Natural gas companies; right of entry upon property A. Any firm, corporation, company, or partnership, organized for the bona fide purpose of operating as a natural gas company as defined in 15 U.S.C. § 717a, as amended, may make such examinations, tests, hand auger borings, appraisals, and surveys for its proposed line or location of its works as are necessary (i) to satisfy any regulatory requirements and (ii) for the selection of the most advantageous location or route, the improvement or straightening of its line or works, changes of location or construction, or providing additional facilities, and for such purposes, by its duly authorized officers, agents, or employees, may enter upon any property without the written permission of its owner if (a) the natural gas company has requested the owner's permission to inspect the property as provided in subsection B, (b) the owner's written permission is not received prior to the date entry is proposed, and (c) the natural gas company has given the owner notice of intent to enter as provided in subsection C. A natural gas company may use motor vehicles, self-propelled machinery, and power equipment on property only after receiving the permission of the landowner or his agent. B. A request for permission to inspect shall (i) be sent to the owner by certified mail, (ii) set forth the date such inspection is proposed to be made, and (iii) be made not less than 15 days prior to the date of the proposed inspection. C. Notice of intent to enter shall (i) be sent to the owner by certified mail, (ii) set forth the date of the intended entry, and (iii) be made not less than 15 days prior to the date of mailing of the notice of intent to enter. D. Any entry authorized by this section shall not be deemed a trespass. The natural gas company shall make reimbursement for any actual damages resulting from such entry. Nothing in this section shall impair or limit any right of a natural gas company obtained by (i) the power of eminent domain, (ii) any easement granted by the landowner or his predecessor in title, or (iii) any right-of-way agreement, lease or other agreement by and between a natural gas company and a landowner or their predecessors in title or interest. 2004, c. 829. 8/5/2015 1'1 Mountain Valley PIPELINE 550 N. Eisenhower Drive, Beckley, WV 25801 June 15, 2015 NOTE: Sent via Certified Mail Re: Property Access for Surveying Work: Pro osed Mountain Valley Pipeline Tax Map Tract No. Dear Mountain Valley Pipeline, LLC (MVP) hereby provides you notice required by Virginia Code § 56-49.01 of its intent to enter your property to conduct examinations, tests, appraisals and surveys to satisfy regulatory requirements and help determine the best route for its proposed 300 -mile natural gas pipeline. These surveys are required by the FERC and are a critical step in the process as they are designed to evaluate the proposed pipeline routes currently considered to ultimately determine the route that has the least overall impact on the environment, landowners, and cultural and historic resources. We intend to enter your property on the dates listed below to begin performing these activities and remain willing to work with you to accommodate your schedule for a more convenient time, if necessary. If you wish to contact us to schedule a more convenient time for these surveying activities, please contact the MVP Field Office at (681-238-6128). Routing/Survey July 2 & 3-6 Cultural Survey July 28-31 Wetland Survey August 5-6 Portal Search August 3-7 Netting August 1-5 Loggerhead August 1-5 Bog Turtle August 4-5 Very truly yours, Kevin Wagner`' Regional Land Director POSTCARDS ADDRESSED TO THE BOARD OF SUPERVISORS STATING THE FOLLOWING HAVE BEEN ARRIVING SINCE JULY 30, 2015. AS OF THE DATE OF THIS REPORT, ELEVEN POSTCARDS HAVE BEEN RECEIVED: MESSAGE TO THE ROANOKE COUNTY BOARD OF SUPERVISORS: As a resident of the County of Roanoke, I offer my sincere thanks for the County's efforts to seek accountability in the planning process for the Mountain Valley Pipeline. I greatly appreciate the County's efforts to ensure that information provided to County residents about the pipeline and its alternatives is accurate and up-to-date. I encourage the County government and its employees to make every effort to protect and defend our County from any and all harmful effects of the Mountain Valley Pipeline, including damage to our priceless springs, wetlands, and surface waters; damage and/or degradation of our breathtakingly beautiful landscapes, including those along and within the Blue Ridge Parkway; and loss of our ability to use and enjoy private property through which the pipeline may be planned for construction. Please direct County employees to seek every feasible and prudent administrative and legal strategy to protect Roanoke County from harm resulting from the Mountain Valley Pipeline Greenville COIU1111)U'S ■ PA -� ' _ MD: VNashin,gto RMbnroe I Aside Al ��'U$'a ff'l � tiy' � "'� i \ �'!f �. II.. .11 ,� �'�``, f,�v.—• � 'V ..`_ NA` NC _i Ghee w � / Rlppl em ead Alt.w v' iniburQ_ Pembroke 200 ', Alt. 93 yad \ ._> ay.��`R/Salerr „"d !,,: ` � Win' Alt. 87J Blake ` ` r StaffordsPreserve r``j � Alt. Blacksbwr� _ �tt ff L1 l i . F 0 � Elliston � ^r �- 0,,rrott ad odl Belsprir alta : F' r r rn �� v Alt' .f1 Wong Montgomery Mont _ g Y snaWsv;lle1351� � Be' MOl :A1f1 f' RaaRardRd Chr tiansbure _ I Radford ,y , �y Radfoid Dublin . f copp�, Hi1'�_ �h Riner i �l P>y`� Pi l of ✓ ✓ 5 a .:.a mu uwu ,� G f/ '''� � � ��✓f -�t;.�.,,. . �. , ,.., Cheek �� R�°-a `mss `�F4`. �r:.f"--'A•- ''� S q 1 4 1 Ff oo Floyd tr-� Rcr p, �� tii Franklin Alternative Routes Floyd I Mniin4ain VAlpv Pinplinp ACTION NO. ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 11, 2015 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Resolution requesting the Virginia Department of Transportation permit the erection of public service signage in the right-of-way for the 2015 Anti -Litter Campaign Megan Cronise, AICP Principal Planner Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The prevention of littering is an important public responsibility and littering is an increasing problem in Roanoke County. Litter is aesthetically damaging to County neighborhoods, it clogs drainage pipes and storm sewers thereby damaging public and private facilities and it contributes to the decline of a community. The Board of Supervisors authorized the creation of a public awareness marketing campaign on November 12, 2013. This award-winning campaign included temporary signs in the Virginia Department of Transportation (VDOT) right-of-way and County properties, trash truck stickers, vehicle magnets, billboards and an online form to report those who litter. The approved fiscal year 2015-2016 operating budget includes $12,000 in funding to continue support of the program. SUMMARY OF INFORMATION: The next iteration of the program will include several existing program components and new features such as permanent signs in the VDOT right-of-way, parking lot signs for participating businesses, in -car stickers and cards for businesses to distribute. Page 1 of 2 VDOT requires a resolution from the Board of Supervisors for installation of permanent signs in VDOT right-of-ways. This resolution requests VDOT to allow the County to erect permanent public message signage. FISCAL IMPACT: Funding of approximately $12,000 for the program is included in the fiscal year 2016 Budget. STAFF RECOMMENDATION: Staff recommends approval of the resolution requesting VDOT permit permanent signage in the right-of-way. 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, AUGUST 11, 2015 RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION PERMIT THE ERECTION OF PUBLIC SERVICE SIGNAGE IN THE RIGHT-OF-WAY FOR THE 2015 ANTI -LITTER CAMPAIGN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified the prevention of littering as an important public responsibility, and littering is an increasing problem in Roanoke County; and WHEREAS, litter has an adverse effect upon the aesthetics and appearance of our neighborhoods, streets and public parks, it damages and clogs our storm drains and storm sewers, it contributes to community decline, and it creates a public nuisance; and WHEREAS, the Board hereby finds that increased enforcement efforts to combat the litter problem to protect the public health, safety and welfare of the citizens of Roanoke County; and WHEREAS, the Board finds that increased public service and informational advertisements to promote public education about littering will achieve the goal of reducing litter in the County; and WHEREAS, the continuation of a Litter Prevention Program is a valid public purpose. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Virginia Department of Transportation (VDOT) is hereby requested to permit Roanoke County to erect permanent public service informational Page 1 of 2 advertisements in and along the public right-of-way of State maintained roads in Roanoke County. 2. That these public service informational advertisements shall inform and educate the public about the problems of littering and the illegal disposal of trash on public and private property. 3. That each sign location be reviewed for safety concerns including sight distance, post design and existing signage. 4. That this resolution shall be effective upon its adoption. Page 2 of 2 L.fi 0 N ca O m r--1 O N r—I O N L 4 -j t/') J 4--j Q t\/') p c .N p O U .- s L - a� cn V CU 4-j O C C6 E > U C o = O _O cry 0 r -I O N rj-- , 4 0 m E O U I P., 0 Will Ln J r—I O N la � mr.cm swo Vmpo r -I O N i 4-J CL cc U hA O p� LU O N a- J ateJ CO 4-J O c6 N E i Q � O - O >- C: C: 4-j C6 -0 ' E C:c6 U O C:O V) O Q •> O E LU u E V) oc z 'C u >� m > v, ca— la � mr.cm swo Vmpo Q) a--+ .E a..r -0 C6 Q) .Q V . .5;-6 �.J V L— LO O CLC O CL 4-J 4-J � ro � O . — � Q O O m 4--j ., 4-J � i a) C�0 'cn � C6 O N (1) O O cu E N m Q Lr) O N 0* - c cc bn O V) 1 J O z U O Ln N Ln aA .N L cn �4-j O Q � E O Ln O m. Ln E U cn L Ln U Ln H N Ln U Ln U L.fi 0 N 11 11 Md 11 z■� m �4 0 O P w a U Q � O c Ln (3) C o c > E ro E- .O ro a� V C� ( 0(3) +-J C�0 M a--' V 0O C6 C6 E �--� O .O V 4-J ro C6 V_ = C6 . 4-jO • — �, O � C6 Q � E Ln bn Q) 0 Co 0. N co 4 o O o C) N > 'N c 3 u ACTION NO. ITEM NO. E-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 11, 2015 AGENDA ITEM: Request for authorization to execute a performance agreement between the County of Roanoke, the Roanoke County Economic Development Authority, and Old School Partners, LLC, Vinton Magisterial District SUBMITTED BY: Jill Loope Director of Economic Development Paul M. Mahoney County Attorney APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In May of 2014, Roanoke County issued a Request for Proposals for the sale and redevelopment of the former Roland E. Cook building located in the Town of Vinton. The County received and accepted a proposal from Old School Partners, LLC to purchase and redevelop the facility into a mixed-use development. The proposed development includes the establishment of twenty-one (21) upscale loft apartments (15 one bedroom and 6 studio), with commercial components to be determined during the rezoning process. The Roland Cook building was constructed in 1915, and was used as an educational facility from 1915-2009. The two-story building consists of 17,642 sq. ft. on 1.046 acres, within walking distance to downtown Vinton. The property represents a unique opportunity for redevelopment as a mixed use residential and commercial project. To facilitate the redevelopment and historic preservation of the building, the County submitted an application to the Virginia Department of Historic Resources in January of 2015 to pre- determine the facility's eligibility for inclusion in the National Register of Historic Places and Page 1 of 2 the Virginia Landmarks Register. The County received notification in March that the property received approval at the Preliminary Information Form level (Part 1) and is eligible for this nomination. To assist with the project, a three -party performance agreement has been negotiated between Roanoke County, the Roanoke County Economic Development Authority and Old School Partners, LLC. The agreement provides for reimbursement of permit fees associated with the project. The agreement also provides that a real estate tax revenues generated as a result of redevelopment be returned to the project developer for the first ten (10) years of the project. The total amount of tax proceeds returned may not exceed $150,000 in total. If the company generates less than the estimated new local tax revenues, then the actual grant for that year shall be less. The ten-year period will commence on January 1, 2017. FISCAL IMPACT: Per the performance agreement, the grant will be calculated as a reimbursement based on new tax revenues generated by the project. The fiscal impact will be in the form of foregone revenue during the agreement period. ALTERNATIVES: 1) Adopt the Performance Agreement authorizing the County Administrator, or any Assistant County Administrator, to execute the Performance Agreement between the County of Roanoke, the Roanoke County Economic Development Authority and Old School Partners, LLC 2) Decline to adopt the Performance Agreement STAFF RECOMMENDATION: Staff recommends Approval of Alternative 1. Page 2 of 2 PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT (the "Agreement") is made as of this day of , 2015, by and between ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, (hereafter, the "County"), the ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, (hereafter, the "Authority"), and OLD SCHOOL PARTNERS, LLC, a Virginia limited liability company (hereafter, the "Company") WITNESSETH WHEREAS, the Roanoke County Board of Supervisors and the Economic Development Authority of Roanoke County, Virginia, desire to promote and encourage the economic development and vitality of Roanoke County and the Roanoke Valley through the redevelopment and preservation of historic property in order to provide for retained and increased employment and corporate investment in Roanoke County; and WHEREAS, the Company desires to acquire the old Roland E. Cook Elementary School building, located in the Town of Vinton, that will be redeveloped for the Company's use that will contain twenty-one (21) apartments, including a complete restoration, while maintaining the historic character of the building and incorporating modern conveniences (the "Project") located at 412 S. Poplar Street, Vinton, VA (Tax Map #060.16-09-39 and 40) (the "Property"), and Page 1 of 8 WHEREAS, the County and the Authority expect that the Company will promote economic development and generate new local tax revenues for Roanoke County; and WHEREAS, this increased investment constitutes a valid public purpose for the expenditure of public funds. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree to the following: 1. Site Development by the Company. A. The Company will cause this new Project in Roanoke County to be made and developed, subject to obtaining a rezoning of the Property from the Town of Vinton, ordinary and necessary governmental approvals from the County, the approval of historic tax credits, and any other governmental agency. This Project is more specifically described in the Company's September 25, 2014, letter and its "Progress Update Roland E. Cook Project" dated March 23, 2015. B. The Company shall cause the Property to be renovated, restored and constructed into approximately twenty-one (21) apartments while maintaining the historic character of the building and incorporating modern conveniences, as further described in the documents referenced in Section I.A. above. The estimated project cost (including but not limited to construction and related soft costs) is $3.2 million. The renovation of the Property is scheduled to be completed by June 30, 2017. C. The Company agrees to provide the County and the Authority with any and all documentation (provided that any personally identifiable, private, Page 2 of 8 confidential or other information Company is required by law to keep private, shall be redacted) that may be required to verify the investment figures, during the period in which the Grant payments are to be made pursuant to this Agreement. D. The Company agrees to acquire the Property from the County for $10.00, subject to the terms and conditions set out in an Option Agreement, which is attached to and incorporated into this Performance Agreement. The Company also agrees at its cost and expense: i. to prepare a Historic Preservation Certification Application, Part 1 - Evaluation of Significance, and to prepare such other documents as may be necessary to seek the listing of the Property on the National Register of Historic Places; ii. to prepare a historic preservation certification application, Part 2 - Description of Rehabilitation; iii. to work with the Town of Vinton to rezone the property to allow for the proposed uses of this Project; iv. to complete an architectural review of the Property; V. to prepare preliminary construction cost estimates; vi. to explore financing opportunities; vii. to prepare monthly progress reports; and viii. to provide copies of all of these documents to the County. Page 3 of 8 E. The Company anticipates that the source of funds for this Project will include the following: $950,000 from Federal and State Historic Tax Credits, and the remainder from the Company and its private financing. 2. Procedures for the reimbursement of Authority funds to the Company. A. Beginning in calendar year 2016, the County shall appropriate to the Authority sums sufficient for an Economic Development Incentive Grant for the benefit of the Company. These sums sufficient amounts will equal a total of ten (10) years of new local real estate taxes generated by the Project, which is estimated to equal One Hundred and Fifty Thousand Dollars ($150,000.00). The total amount of the Economic Development Incentive Grant shall not exceed $150,000.00. This ten-year period will commence on January 1, 2017. B. Upon receipt of an invoice from the Company, the Authority shall reimburse the Company for its building permit fees imposed by Roanoke County, water and sewer connection fees imposed by the Town of Vinton, and any Erosion & Sediment Control and Stormwater ordinance fees imposed by Roanoke County. C. Within sixty (60) days of the end of each calendar year beginning January 1, 2017 and until December 31, 2026, the Company shall provide such financial and tax data relating to the Project (provided that any personally identifiable, private, confidential or other information Company is required by law to keep private, shall be redacted) as may be reasonably required by the Authority so that the Authority may calculate the actual grant amounts. The Company hereby authorizes the Commissioner of the Revenue for Roanoke County and the Commonwealth of Virginia to release to Page 4 of 8 the Authority and the County the Company's tax information and data so that the Authority may calculate the actual reimbursement amounts. The Authority shall pay the annual reimbursement amount to the Company at an address designated by the Company within thirty (30) days after receipt by the Authority of the data. D. If the Company terminates this Project or fails to complete the construction of this development by June 30, 2017, then the Authority shall be relieved of any obligation to the Company for any Economic Development Incentive Grant. E. If the Company fails to receive historic preservation certification Part 1 and Part 2 and commence construction and renovation activity within one year of execution of this Performance Agreement for the Property, the Company shall be in default of this Performance Agreement and the County may acquire the property together with any improvements made by the Company upon the payment of the sum of Ten Dollars ($10.00); and whereupon the Company shall forthwith convey the property to the County. In the event that the Company fails or refuses to convey title back to the County, then the County shall have the right to enter and take possession of the property. Company shall pay to the County any and all attorney's fees, costs and other expenses incurred as a result of such action. Company agrees not to convey any portion of the property to any other persons or entities until the project is substantially complete; substantial completion shall be determined by the issuance of a certificate of occupancy for the building. If the Company conveys or attempts to convey any portion of the property, this conveyance will be deemed void, of no force or effect, and a breach of this contract and shall automatically revert back to the seller Page 5 of 8 F. Company agrees to provide County with the Additional Performance Security as security for Company's compliance with the terms and conditions of this Performance Agreement and completion of the Project in accordance with Company's Proposal and Plans. Company shall deliver to the County upon receipt of historic preservation certification and before commencing any renovation or construction work on the Property a letter of credit drawn against a bank or other financial institution qualified to, licensed, and conducting business in Roanoke, Virginia subject to prior approval by the County in County's sole discretion. The Additional Performance Security shall be payable to Seller and in the amount of $250,000.00. 3. The Company shall have the right to assign this Agreement to a separate entity provided that any such assignment shall not relieve the Company of its obligations herein. 4. If any party is unable to perform its commitments under this Agreement by reason of force majeure, then that party shall not be deemed to be in default of its obligations under this Agreement, and any deadlines for the performance of its obligations and, if applicable, the deadlines for the performance of the other party's obligations shall be extended for a time equal to the time period of the force majeure event, plus ten days. The term a "force majeure" as used herein, shall include without limitation acts of God: hurricanes, floods, fire, tornadoes, earthquakes, storms; strikes or other industrial disturbances; acts of public enemies; orders of governmental authorities; insurrections; riots; epidemics. Page 6 of 8 5. This Agreement shall be governed by and all disputes related hereto shall be determined in accordance with the laws of the Commonwealth of Virginia. 6. This Agreement and any payments of public funds are subject to future appropriations by the Board of Supervisors to the Authority. IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written. Approved as to form: By: Paul M. Mahoney County Attorney STATE OF VIRGINIA ) )ss COUNTY OF ROANOKE ) BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: Thomas C. Gates County Administrator The foregoing instrument was acknowledged before me this day of , 2015, by Thomas C. Gates, County Administrator, on behalf of the Board of Supervisors for Roanoke County, Virginia. My Commission expires: —/—/ Notary Public Page 7 of 8 Reg. # Approved as to form: as Attorney for EDA STATE OF VIRGINIA ) )ss COUNTY OF ROANOKE ) ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY Chairman The foregoing instrument was acknowledged before me this day of 2015, by , Chairman of the Economic Development Authority of Roanoke County, Virginia. Notary Public My Commission expires: —/—/ OLD SCHOOL PARTNERS, LLC Its: STATE OF ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this 2015, by , as Old School Partners, LLC. My Commission expires: —/—/ Notary Public Page 8 of 8 Reg. # day of of Reg. # ■ W 0 O 0 N t xo El W N N .N O O CY) N N CY) >. 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ITEM NO. G-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 11, 2015 AGENDA ITEM: Ordinance amending Chapter 10. — Licenses of the Roanoke County Code by the addition of a new Section 10-59. - Pawnbrokers and will include a license tax as provided in Sec. 10-36 and an application fee of two hundred dollars ($200) SUBMITTED BY: APPROVED BY: Paul M. Mahoney County Attorney Thomas G. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: BACKGROUND A local business recently contacted the Police Department requesting a license to engage in the pawnbroker business. Sec. 54.1-4001 of the Code of Virginia states that "no person shall engage in the business of a pawnbroker without having a valid license issued by the county, city or town in which the pawnbroker conducts such business." Roanoke County does not have such a license provision in its County Code. This ordinance incorporates the provisions found in Chapter 40 of Title 54.1 of the Code of Virginia to provide for such a local license. To secure such a license the applicant shall furnish his or her date of birth, a sworn statement or affirmation disclosing any criminal convictions or any pending charges, and any other information required by the County. A local ordinance may also "reasonably limit" the number of pawn shops that may be operated at any one time within the County. The proposed ordinance does not include any such limitation. The County may also require a review of whether or not the applicant has been convicted of a felony or a crime involving moral turpitude in the last ten (10) years. The State enabling legislation provides that the "circuit court of any county or city may authorize any county, city or town to issue to any individual, who has not been convicted of Page 1 of 3 a felony or a crime involving moral turpitude in the last ten years, a license to engage in the business of a pawnbroker in that county, city or town." Therefore this ordinance and license issuance procedures must be authorized and coordinated with the judges of the circuit court. The proposed ordinance follows many of the procedures currently applicable to individuals seeking a permit to deal in precious metals. The proposed ordinance has been revised from first reading to provide for renewals on a two year basis instead of annually. In addition, if an applicant also has received a precious metals permit, then an additional background check for pawnbrokers would not be required. Currently Roanoke County Zoning Ordinance allows "Pawn Shops" as a commercial use permitted by right in a C-2 zoning district (see Sec. 30-54-2). It is the only zoning district that allows such a use by right. It is staff's recommendation that zoning regulations for pawn shops be reviewed by the Planning Commission. This is the public hearing and second reading of this proposed ordinance. At the first reading Board members asked several questions concerning the amount of the permit fee, the business license category and tax rate, and information regarding businesses with similar background check requirements, as proposed. 1. Section 10-36 of the Roanoke County Code places pawnbrokers in the "personal and business service occupations" category and the license tax for this category is $0.36 per $100 of gross receipts. This is consistent with Section 58.1-3706. A. 4 of the Code of Virginia which provides " For the repair, personal and business services, and all other businesses and occupations not specifically listed or excepted in this section, thirty-six cents per $100 of gross receipts." 2. The business license tax for retailers or retail merchants is $0.20 per $100 of gross receipts; for financial services, real estate services, and professional services the rate is $0.58 per $100; and for repair service occupations $0.36 per $100. 3. Licensure and background checks are required by State law for assisted living facilities, adult day care centers, child welfare agencies, and certain child day care centers. No other businesses require background checks. The Department of Parks, Recreation and Tourism conducts similar background checks on volunteers who come in contact with children during County -sponsored programs. It also conducts criminal background checks and sex offender checks for all employees having contact with children. 4. An individual who wants to engage in the business of a precious metals dealer must secure a permit from the Chief of Police upon the filing of an application and the payment of a $200 application fee. This fee is established by Section 54.1-4108 of the Code of Virginia. This permit is valid for one year and may be renewed in the same manner as the Page 2 of 3 permit as initially obtained with an annual permit fee of $200. The County Police Department advises that a standard application with no unusual elements will require approximately seven hours by the criminal investigations divisions sergeant at approximately $27.00 per hour. This includes a site visit to confirm that the business is a fixed and permanent location and that its record keeping meets Code requirements. A review of the certification for the weighing device is also calculated In addition, the Department maintains the precious metals dealers' database, reviewing the content and sending appropriate notifications to dealers. Staff time to maintain the database is estimated to cost $700-800 per year. FISCAL IMPACT: Unknown at this time. The application fee will cover the costs of the Police Department in conducting the required background investigations of any applicant. The business license fee is the amount applicable to other similarly situated businesses. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of this ordinance. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 11, 2015 ORDINANCE AMENDING CHAPTER 10. — LICENSES OF THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW SECTION 10-59. - PAWNBROKERS AND WILL INCLUDE A LICENSE TAX AS PROVIDED IN SEC. 10-36 AND AN APPLICATION FEE OF TWO HUNDRED DOLLARS ($200) WHEREAS, the Board of Supervisors finds that it is necessary to amend the County Code to license pawnbrokers in Roanoke County; and WHEREAS, the Board of Supervisors hereby finds that law enforcement review of license applications for pawnbrokers will better address concerns of criminal activity and the fencing of stolen goods; and WHEREAS, licensing enforcement efforts are a valid public purpose to protect the public health, safety and welfare of the citizens of Roanoke County; and WHEREAS, this ordinance is authorized by Chapter 40 of Title 54.1 of the Code of Virginia, as amended; and WHEREAS, the first reading of this ordinance was held on July 28, 2015, and the second reading and public hearing were held on August 11, 2015. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1. That the following sections of the Roanoke County Code be amended by the addition of Section 10-59. - Pawnbrokers to read and provide as follows: Chapter 10 — Licenses Article III. Special License Provisions Sec. 10-59. — Pawnbrokers. Page 1 of 5 (a) The license tax rate for every person engaged in business as a pawnbroker shall be 0.36 percent of the gross receipts in such business during the preceding calendar year as provided in Sec. 10-36. (b) For the purpose of this section, a pawnbroker is any person meeting the definition provided at Section 54.1-4000 of the Code of Virginia, as amended. (c) No license to engage in business as a pawnbroker in the County required by Section 54.1-4001 of the Code of Virginia, as amended shall be issued under this chapter by the Commissioner of the Revenue unless the applicant therefor shall produce a permit from the Chief of Police. (d) No person shall engage in the activities of a pawnbroker in the County as defined by Section 54.1-4000 of the Code of Virginia, unless he or she has a current license to do so issued by the County pursuant to this section. No purchase or sale permitted by this chapter shall be lawful unless and until such license is prominently posted at the pawnbroker's place of business. (e) Any person desiring a license required by this section shall file with the Chief of Police an application form, which shall include the pawnbroker's full name and any aliases and his or her address, date of birth, age, social security number, sex, and fingerprints; the name, address and telephone number of the applicant's employer, if any; and the location of the applicant's place of business. Such application shall be accompanied by an application fee of two hundred dollars ($200), payable to "Treasurer, Roanoke County." (f) Upon the filing of a proper application for a license under this section and compliance with the provisions of Section 54.1-4001 of the Code of Virginia, the Page 2 of 5 applicant shall be issued a permit by the Chief of Police, provided the applicant has not been convicted of a felony or crime of moral turpitude within ten (10) years prior to the date of application. The permit shall be denied if the applicant has been denied a permit or has had a permit revoked under this chapter or any ordinance of this county or another jurisdiction similar in substance to the provisions of this chapter. Any false or misleading information provided on the application form may be grounds for denial of a permit. (g) No permit or license issued under this section shall be transferable. (h) A permit or license issued under this section shall be valid for ^no (1 ` year two (2) years from the date issued, unless sooner revoked, and may be renewed in the same manner as such permit was initially obtained, with an annual permit fee of two hundred dollars ($200). (i) Upon the first conviction, by any court, of a pawnbroker for violation of any provision of this code, the chief of police may revoke his or her permit to engage in business as a pawnbroker under this section for a period of one full year from the date the conviction becomes final. Such revocation by the chief of police shall be mandatory upon a second conviction. No license to engage in business as a pawnbroker in the county shall be issued until the applicant therefor has obtained a permit from the Chief of Police. If the Chief of Police refuses to issue such permit, he shall notify the applicant, in writing, of his reasons therefor and the applicant may appeal such refusal to the Circuit Court within thirty (30) days from the date of such notice. (j) Upon conviction of the holder of a license to engage in business as a pawnbroker in the county for the violation of any state law or provision of this Code or Page 3 of 5 other ordinance of the county concerning pawnbrokers, such license shall be deemed forfeited without further adjudication. (k) Daily reports. (i) Every pawnbroker shall prepare a daily report of all goods, articles, or things pawned or pledged with him or her or sold to him or her that day and shall file such report by noon of the following day with the Chief of Police. The report shall include the pledgor's or seller's name, residence and driver's license number or other form of identification; a photograph or digital image of the form of identification used by the pledgor or seller; and a description of the goods, articles or other things pledged or sold and, unless maintained in electronic format, shall be in writing and clearly legible to any person inspecting it. A pawnbroker may compile and maintain the daily report in an electronic format and, if so maintained, shall file the required daily reports electronically with the Chief of Police through use of a disk, electronic transmission or any other electronic means of reporting approved by the chief of police (ii) The pawnbroker shall comply with the regulations adopted by the Department of State Police for the uniform reporting of information required by this section. (iii) Any person, firm, or corporation violating any of the provisions of this section is guilty of a Class 4 misdemeanour. Page 4 of 5 (1) Any person who has been granted a precious metals and gems permit pursuant to Chapter 16.1 of the Roanoke County Code may file with the Chief of Police the background information submitted for the issuance of the precious metals and gems permit in support of the application required in sub -section (e) above. No application fee is required for the pawnbrokers license or permit so long as the precious and gems permit has not expired or been revoked. 2. The sections, paragraphs, sentences, clauses and phrases of this section are severable, and if any phrase, clause, sentence, paragraph or section of this chapter shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance shall remain valid. 3. That this ordinance shall be in full force and effect from and after its adoption. Page 5 of 5 ACTION NO. ITEM NO. H-1-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 11, 2015 Appointments to Committees, Commissions and Boards Deborah C. Jacks Deputy Clerk to the Board Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by District): The following one-year term expired on August 31, 2012: a) Becky Walter, representing the Hollins Magisterial District; Ms. Walter has served three consecutive terms and therefore cannot be reappointed. The following one-year term expired on August 31, 2014: a) Jason B. Moretz, representing the Windsor Hills Magisterial District; Mr. Moretz is eligible for reappointment 2. Clean Valley Counsel (At Large) Adam Cohen has resigned his appointment to the Clean Valley Counsel. His three- year term expired June 30, 2015. Page 1 of 2 3. Parks, Recreation and Tourism Advisory Commission (appointed by District) The following three-year terms will expire on June 30, 2015: a) Atul Patel, representing the Windsor Hills Magisterial District has resigned his appointment effective August 27, 2014. b) Max Beyer, representing the Hollins Magisterial District; Mr. Beyer is eligible for reappointment. 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, AUGUST 11, 2015 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for August 11, 2015, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 2 inclusive, as follows: 1. Approval of minutes — July 14, 2015 2. Request for ratification of appointment of representatives to the Roanoke County Community Policy Management Team (CPMT) Page 1 of 1 ACTION NO. ITEM NO. 1-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 11, 2015 AGENDA ITEM: Request for ratification of appointment of representatives to the Roanoke County Community Policy and Management Team (CPMT) SUBMITTED BY: Deborah C. Jacks Deputy Clerk to the Board APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In accordance with the Bylaws of the CPMT, all designees shall be ratified by the Board of Supervisors. Blue Ridge Behavioral Healthcare has recommended that Cheryl Wilkinson be appointed as the Mental Health Services — Primary and Cathy Brown and Debbie Bonniwell as the Mental Health Services — Alternates. STAFF RECOMMENDATION: Staff recommends the ratification of the appointments of Cheryl Wilkinson, Cathy Brown and Debbie Bonniwell. Page 1 of 1 Blue Ridge Behavioral Healthcare July 8, 2015 Ms. Cheryl Austin CPMT Chair Roanoke County CPMT 220 E. Main Street Salem, VA 24153 Dear Ms. Austin, Donna Henderson Chair Linda Franke vice Chair Paula Prince Treasurer Linda Manns Secretary Executive Director Debbie Bonniwell Blue Ridge Behavioral Healthcare (BRBH), the Community Services Board serving Roanoke City, City of Salem, and the Counties of Roanoke, Craig and Botetourt, is pleased to fulfill our Code of Virginia responsibilities under the Children's Services Act, for participation on the Family Assessment and Planning Team (FAPT) and Community Policy Management Team (CPMT) for Roanoke County as outlined in VA 2.2-5207. Designees/representatives for Blue Ridge Behavioral Healthcare for Fiscal Year 2016 are as follows: CPMT Representative: Cheryl Wilkinson (Alternates: Cathy Brown and Debbie Bonniwell) FAPT Representative: Heather Gunn and Rhianna Price (Alternates: Donna Dent, Monica Collier, and Cheryl Wilkinson) As always, Blue Ridge Behavioral Healthcare remains committed to collaboration with other child -serving public agencies, as well as the continuum of providers in our communities, to develop effective systems of care for children and their families experiencing mental health or substance use disorders, and/or intellectual disabilities. Cincerely Debbie Bonniwell, MBA, MSSW, LCSW Executive Director C: Thomas C. Gates, County Administrator Cathy Brown, LCSW, BRBH Senior Director of Child & Family Services Executive Offices 301 Elm Avenue SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax (540) 345-6891 The Community Services Board serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Unaudited balance at June 30, 2015 $ 21,799,195 Appropriated from 2015-2016 budget 506,153 K-1 % of General Fund Revenue 11.00% * Balance at August 11, 2015 $ 22,305,348 11.01 % ** Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2014-15 - Goal of 11 % of General Fund Revenues 2014-15 General Fund Revenues $198,174,499 11 % of General Fund Revenues $21,799,195 ** 2015-16 - Goal of 11 % of General Fund Revenues 2015-16 General Fund Revenues $202,656,326 11% of General Fund Revenues $22,292,196 The Unappropriated Fund Balance of the County is currently maintained at the goal of 11.00%. Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator K-2 COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Amount Unaudited balance at June 30, 2015 $ 1,612,726 Appropriated for 2015-16 Capital budget (907,344) July 28, 2015 Appropriation to purchase voting machines and equipment (384,000) Balance at August 11, 2015 $ 321,382 Major County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited balance at June 30, 2015 $ 2,601,112 Appropriated for 2015-16 Capital budget (1,583,412) Balance at August 11, 2015 $ 1,017,700 Technology Capital Reserve (Projects identified and prioritized by the Technology Governance Committee and approved by the County Administrator.) Unaudited balance at June 30, 2015 $ 314,058 Balance at August 11, 2015 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator $ 314,058 Submitted By Approved By RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA From 2015-2016 Original Budget Balance at August 11, 2015 Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator K-3 Amount $ 50,000 $ 50,000 K-4 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Outstanding Outstanding June 30, 2015 Additions Deletions August 11, 2015 General Obligation Bonds $ 5,332,236 $ VPSA School Bonds 104,311,123 State Literary Loans 1,825,775 Lease Revenue Bonds 76,949,408 Capital Lease obligation 741,516 $ 189,160,058 $ Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator - $ 5,332,236 7,761,248 96,549,875 - 1,825,775 - 20,006 76,929,402 - 741,516 $ 7,781,254 - $ 181,378,804 K-5 DECLARING JULY 317 2015 THROUGH AUGUST 2, 2015 U� THE BI -ANNUAL GLADETOWN, CARLINE AND MIDWAY REUNION DAYS WHEREAS, the Gladetown, Carline and Midway communities have been coming together for a reunion since 1992; and WHEREAS, the Gladetown, Carline and Midway communities have a rich and diverse cultural history and serve as an inspiration to other to "gather in celebration and remembrance of their heritage;" and WHEREAS, the Board of Supervisors extends a warm welcome to everyone attending and hopes you and your families and guests will have an enjoyable visit to Vinton and this year's Gladetown, Carline and Midway Reunion. NOW THEREFORE, I, P. Jason Peters, Chairman of the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim July 31, 2015 through August 2, 2015, as the BI -ANNUAL GLADETOWN, CARLINE AND MIDWAY REUNION DAYS" and call this event to the attention of all Roanoke County citizens. Presented this 1st day of August, 2015 P. Jason Peters, Chairman Thomas C. Gates County Administrator ACTION NO. ITEM NO. M-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 11, 2015 AGENDA ITEM: Work session to discuss the changes in the regulation foropen burning in Roanoke County SUBMITTED BY: Stephen Simon Chief of Fire and Rescue APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In accordance with the Clean Air Act, the Commonwealth State Air Pollution Board has revised and enacted new regulations as it relates to open fire burning. The goal of the regulations is to reduce excessive volatile organic compound emissions in the Western Emissions Control Area, which incorporates the County of Roanoke. The Fire and Rescue Department Fire Marshal's Office is the mandated agency to enforce the open burn law. Changes to the Commonwealth's open burning regulations that took effect July 15, 2015, reduce the areas of the County that are allowed to have open burns. As a result, County residents who receive solid waste brush pick up may no longer conduct open burning. The work session will provide background information on how the current process for permitting open burning and impacts of the revised State regulations. FISCAL IMPACT: The fiscal impact is projected to be minimal initially, however a monitoring and review process will be implemented to determine inputs on brush pick-up services provided bythe General Services. Page 1 of 2 ALTERNATIVES: The new regulations are a mandated requirement through the Commonwealth and no alternative is being proposed. STAFF RECOMMENDATION: It is the staff recommendation to amend the current County Ordinance to comply with the new regulations. Page 2 of 2 � o C) E s Q N s U Ln L O '4-J V 4-J � O Ln U � � O � s � 0_0 Ln .. W O (1) Ln 4-0 A-0 Ln s E Lon o � o � o � � O O s 4-J 0 — V o — '- O O 4 `n s a� 0) 4 C:C: •� � V 4J ^ W CD Q c� Oow E 4- O� 4-J O � ro Q) -5-: E O ., 2 u O O — U 4J c� a -J O DC OE O`�— .. 4 -JO l.7 i O 0 X a� O O E '— U s v) E— U m 4' 4-J CZ �O E .' 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V OV - C O EO � c� a-J � 0 C:s u cz 0VW LA — u 0 +-j O i L u •E c� Q) E • — Un .� O s c� 00 aQ Q U — O cn cz ce _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 11, 2015 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