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HomeMy WebLinkAbout6/14/2016 - RegularINVOCATION: Pastor Frances Reed Brown United Metaphysical Church Roanoke County Board of Supervisors June 14, 2016 PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 5 Roanoke County Board of Supervisors Agenda June 14, 2016 NOTE: A meeting of the Audit Committee has been scheduled for 2:00 p.m. in the Fourth Floor Training Room, 5204 Bernard Drive, Roanoke, VA 24018 Good afternoon and welcome to our meeting for June 14, 2016. 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 now 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 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring Alzheimer's Awareness Month in Roanoke County (Suzanne Cresswell, Development Manager of the Alzheimer's Association) D. BRIEFINGS Page 2 of 5 E. PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Resolutions approving the reorganization and expansion of the Roanoke Valley Resource Authority: (a) Resolution approving the reorganization and expansion of the Roanoke Valley Resource Authority (b) Resolution authorizing and providing for an additional period of time for the Roanoke Valley Resource Authority to exist as a corporation, upon certain terms and contributions (c) Resolution authorizing the Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use Agreement, upon certain terms and conditions (d) Resolution amending permit conditions and operating policies for the Roanoke Valley Resource Authority by change the "Landfill Users" section language (Ruth Ellen Kuhnel, County Attorney; Daniel Miles, Chief Executive Officer, Roanoke Valley Resource Authority) 2. Resolution approving Roanoke County's Secondary Roads System Six -Year Improvement Plan for fiscal years 2017-2022 (David Holladay, Planning Administrator) F. FIRST READING OF ORDINANCES 1. Ordinance authorizing and approving execution of a lease agreement with the Roanoke County Schools for space located at 4850 Brambleton Avenue (on Cave Spring School Campus) to be used as a police substation known at the South County Substation (Ruth Ellen Kuhnel, County Attorney; Rob Light, Acting Director of General Services) 2. Ordinance amending Article I (General Provisions), Article II (Definitions and Use Types), Article III (District Regulations), Article IV (Use and Design Standards) and Article V (Development Standards of the Roanoke County Zoning Ordinance) (John Murphy, Zoning Administrator) 3. Ordinance to appropriate funds in the amount of $800,000 from the Commonwealth of Virginia to the Department of Social Services General Fund budget for fiscal year 2015-2016 (Christopher Bever, Director of Management and Budget; Joyce Earl, Director of Social Services) 4. Ordinance accepting and appropriating funds in the amount of $10,000 from the Virginia Commission for the Arts (VCA) for the Local Government Challenge Grant for fiscal years 2014-2015 and 2015-2016 (Christopher Bever, Director of Management and Budget) G. SECOND READING OF ORDINANCES 1. Ordinance accepting and appropriating funds in the amount of $14,000 to the Roanoke County Public Schools from the Virginia Department of Education for Science, Technology, Engineering and Math Recruitment and Retention Incentive Awards (Rebecca Owens, Director of Finance) Page 3 of 5 2. Ordinance authorizing the vacation of a 0.014 acre portion of a right-of-way shown as Dawn Marie Court on the plat of Section No. 1, Hanging Rock Estates, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia in Plat Book 18, Page 156 and located in the Catawba Magisterial District (Tarek Moneir, Deputy Director of Development) H. APPOINTMENTS 1. Board of Zoning Appeals (BZA) (appointed by District) 2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District and At Large) 3. Clean Valley Council (At Large) 4. Economic Development Authority (EDA) (appointed by District) 5. Planning Commission (appointed by District) I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes —April 26, 2016 2. Request to donate surplus vehicle to the Regional Virginia Alcohol and Substance Abuse Program (VASAP) and Court Community Corrections Program (CCCP) 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Linda D. Cannon, Deputy Sheriff, upon her retirement after more than twenty-one years of service 4. Confirmation of appointment to the Planning Commission (by District) J. CITIZENS' COMMENTS AND COMMUNICATIONS K. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Page 4 of 5 L. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Martha B. Hooker 2. Joseph P. McNamara 3. George G. Assaid 4. Al Bedrosian 5. P. Jason Peters M. WORK SESSIONS 1. Work session to discuss Roanoke County's Legislative Program and preparation for the 2017 session of the Virginia General Assembly (Ruth Ellen Kuhnel, County Attorney) N. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.1 Personnel, namely discussion concerning appointment to the Western Virginia Water Authority O. CERTIFICATION RESOLUTION P. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: June 14, 2016 Proclamation declaring Alzheimer's Awareness Month in Roanoke County Deborah Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Proclamation of June as Alzheimer's Awareness Month. BACKGROUND: June is Alzheimer's Awareness Month and the Alzheimer's Association has requested a proclamation designating June as Alzheimer's Awareness Month in Roanoke County to create public awareness of Alzheimer's disease. DISCUSSION: Suzanne Cresswell, Development Manger for the Alzheimer's Association will be present for Chairman Peters to present the proclamation. In addition, several volunteer members are expected to be in attendance. FISCAL IMPACT: There is no fiscal impact with this agenda item. STAFF RECOMMENDATION: Staff recommends presentation of the proclamation. Page 1 of 1 (IT of �vanvkje ortantal ter O� ROAN F Z Z � 1838 DECLARING JUNE 2016 AS ALZHEIMER'S AWARENESS MONTH IN THE COUNTY OF ROANOKE WHEREAS, Alzheimer's disease is an irreversible and progressive brain disease that slowly erodes precious memories, thinking skills, and the ability to perform simple tasks; and WHEREAS, every 66 seconds, someone develops Alzheimer's, and by 2050 someone will develop the disease every 33 seconds; and WHEREAS, worldwide, nearly 44 million people have Alzheimer's or related dementia; and WHEREAS, in the United States, there are 5.3 million people living with Alzheimer's disease and unless a cure is found it is estimated that as many as 16 million will have the disease by 2050; and WHEREAS, nearly two-thirds of those with Alzheimer's disease are women; and WHEREAS, Alzheimer's is the 6th leading cause of death in the United States; and WHEREAS, the Alzheimer's Association is the world's leading voluntary health organization in Alzheimer's care, support and research, with the vision of a world without Alzheimer's disease; and WHEREAS, The Longest Day on June 20th, a sunrise -to -sunset event symbolizing the challenging journey of those living with the disease and their caregivers, offers everyone the opportunity to get involved in the fight; and WHEREAS, as the county of Roanoke offers its support to those living with Alzheimer's disease, we also recognize those who care and provide for them, sharing their loved one's emotional, physical and financial strains. We honor their compassion, remember those we have lost, and press toward the next great scientific breakthrough. NOW, THEREFORE, WE the Board of Supervisors of Roanoke County, Virginia do hereby proclaim the month of June, 2016, as ALZHEIMER'S AWARENESS MONTH in the County of Roanoke; and FURTHER, we encourage the Roanoke County community to learn more about Alzheimer's disease and to support the individuals living with this disease and their caregivers by supporting The Longest Day on June 20"', 2016. Presented this 14th day of June 2016 Geor a G. d Al Bedrosi iri0Ae+1A—'� M(arrthaaHoo�k�erj euh P. McNamar— P. Jason Peters 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: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: June 14, 2016 Resolutions approving the reorganization and expansion of the Roanoke Valley Resource Authority: (a) Resolution approving the reorganization and expansion of the Roanoke Valley Resource Authority (b) Resolution authorizing and providing for an additional period of time for the Roanoke Valley Resource Authority to exist as a corporation, upon certain terms and contributions (c) Resolution authorizing the Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use Agreement, upon certain terms and conditions (d) Resolution amending permit conditions and operating policies for the Roanoke Valley Resource Authority by change the "Landfill Users" section language Anne -Marie Green Acting Director of Human Resources Thomas C. Gates County Administrator Authorization for the City of Salem to become a member of the Roanoke Valley Resource Authority. BACKGROUND: In 1991, the City of Roanoke, the County of Roanoke and the Town of Vinton formed the Roanoke Valley Resource Authority to own and operate the Tinker Creek solid waste transfer station and the Smith Gap landfill. At that time, the City of Salem was offered membership in the Authority but elected to continue use of a private hauler contract for disposal of its solid waste. Occasional discussions between the Resource Authority and the City of Salem Page 1 of 3 regarding Salem's membership in the RVRA have occurred in recent years. These discussions have focused on the mutual benefit derived by both the City of Salem and existing RVRA members should the City elect to participate. On May 9, 2016, Salem City Council voted to request the existing members of RVRA allow the City's participation in the Authority. Each existing member jurisdiction must agree to membership by the City of Salem. DISCUSSION: Salem's membership in the RVRA will create operational efficiencies and cost advantages for all participating jurisdictions. Per the agreement, the City of Salem will convey ownership of its existing City transfer station to the RVRA. The transfer of this asset will provide a needed back-up to the Tinker Creek Transfer Station, will permit shorter hauls of collected solid waste from County areas proximate to the Salem transfer station (ie. Glenvar and Catawba) and will increase utilization of the Smith Gap landfill by commercial haulers who currently use the Salem transfer facility. The resulting reduction in operating expense for municipal solid waste collection and increased revenue from commercial hauler use of the Smith Gap landfill will have a positive fiscal impact on future RVRA rate setting. The current life of the Smith Gap Landfill is estimated to be in excess of 60 years. The additional solid waste collected from the City of Salem via the transfer station is not expected to have a substantive impact on the useful life of the landfill facility. The Virginia Water and Waste Authorities Act, in the Code of Virginia, provides a process by which a locality may join an existing authority. The localities have pursued the course action prescribed by Code. This action authorizes the Chairman of the Board of Supervisors to execute the Amended and Restated Articles of Incorporation and the County Administrator to execute the Members and Facilities Use Agreement ("Use Agreement) and any incidental documents related to the Landfill Permit Conditions and Operating Policies, if any, as required to accomplish the goal of adding the City of Salem to the Authority. Approval of the City of Salem's request to join the RVRA will result in a revision to the construct of the RVRA Board. Currently, the City of Roanoke may appoint two members to the Board, Roanoke County as the host location for the landfill may appoint four members to the Board, and the Town of Vinton retains one appointment. The revised construct will provide the City of Salem with one Board appointment, the Town of Vinton with one Board appointment, the City of Roanoke with two Board appointments, and Roanoke County with five Board appointments. Staff recommends the appointment of County Administrator Gates to temporarily fill the additional Roanoke County seat pending Board of Supervisor action to consider other candidates for Page 2 of 3 appointment. FISCAL IMPACT: There is no direct fiscal impact associated with this item. Indirect fiscal impact includes some expected reduction in solid waste operating costs (ie fuel costs) resulting from reduced haul route distances. Staff is working to quantify these expected savings. STAFF RECOMMENDATION: Staff recommends approval of the resolution. 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, JUNE 14, 2016 RESOLUTION APPROVING THE REORGANIZATION AND EXPANSION OF THE ROANOKE VALLEY RESOURCE AUTHORITY ("AUTHORITY") BY PROVIDING THAT THE CITY OF SALEM, VIRGINIA, JOIN THE AUTHORITY, APPROVING AND AUTHORIZING THE EXECUTION OF AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE ROANOKE VALLEY RESOURCE AUTHORITY TO ACCOMPLISH SUCH JOINDER; AND AUTHORIZING THE APPROPRIATE PUBLIC OFFICIALS TO TAKE ANY ACTIONS AND EXECUTE ANY DOCUMENTS NECESSARY TO ACCOMPLISH SUCH MATTERS, ALL IN ACCORDANCE WITH THE PROVISIONS OF THE CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the Council of the City of Salem, Virginia, have determined that it is in their best interests to authorize the City of Salem to become a member of the existing Roanoke Valley Resource Authority, pursuant to the provisions of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, sections 15.2-5100, et seq. of the Code of Virginia (1950), as amended, ("Act'); and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the Council of the City of Salem, Virginia do by concurrent resolutions provide for the joinder of the City of Salem to the Roanoke Valley Resource Authority pursuant to Section 15.2-5112 of the Act; and WHEREAS, after proper advertisement, public hearings have been held in accordance with the requirements of the Act; and WHEREAS, the Roanoke Valley Resource Authority has, by resolution, expressed its consent for the City of Salem to become a member of the existing Roanoke Valley Resource Authority. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 10 (1) The Board hereby determines that it is in the best interest of the citizens of the County of Roanoke, Virginia, that the City of Salem, Virginia, join and become a member of the Roanoke Valley Resource Authority and approves the terms of the Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority as contained in Section 6 of this resolution. (2) The Board hereby authorizes the Chairman of the Board and the Clerk to the Board to execute and attest or witness, respectively, such Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority in a form substantially similar to those set forth in Section 6 below, with such minor revisions and adjustments as the Chairman of the Board or the County Administrator shall approve. (3) The Board hereby agrees that the Authority shall be reorganized and expanded in accordance with the terms of the Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority mentioned above upon the issuance of a Certificate of Joinder and/or Restatement issued by the Virginia State Corporation Commission. (4) The Board does hereby FIND as a matter of fact that inclusion in the Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority of preliminary estimates of capital costs, proposals for any specific projects to be undertaken by the Authority, and preliminary estimates of initial rates for services of such projects as certified by responsible engineers is impractical. (5) As provided for in the Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority, the Board hereby appoints the following five (5) persons to be the County of Roanoke representatives and that such persons' initial terms will start on the date of issuance by the Virginia State Corporation Commission of a Certificate of Joinder and/or Restatement and expire on the dates indicated next to their names. Page 2 of 10 County of Roanoke Appointees NAME ADDRESS EXPIRATION OF INITIAL TERM Anne Marie Green 1216 Kessler Mill Road 12/31/2019 Salem, VA 24153 Rebecca Owens P.O. Box 29800 12/31/2018 Roanoke, VA 24018 Keith Garman 8538 Bradshaw Road 12/31/2017 Salem, VA 24153 Dennis Nalley 8301 Berrybrook Drive 12/31/2017 Salem, VA 24153 Thomas C. Gates 5204 Bernard Drive 12/31/2019 Roanoke, Virginia 24018 Upon expiration of the initial term of office, and any future term of office, the Board shall appoint a person (who can be the same person whose term expired) to be a member of the Board of the Authority for four (4) years from the date of the initial expiring term and any future expiring term of office. The total number of members that the County of Roanoke, Virginia, will have on the Board of the Authority will be five (5) members. (6) The Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority are set forth below. They shall be deemed amended, restated, and effective upon the date of issuance of a Certificate of Joinder and/or Restatement by the Virginia State Corporation Commission as provided for in Virginia Code Section 15.2-5112. Page 3 of 10 AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE ROANOKE VALLEY RESOURCE AUTHORITY The Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton, the City Council of the City of Roanoke, and the City Council of the City of Salem have by concurrent resolution adopted the following Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority pursuant to the Virginia Water and Waste Authorities Act, Chapter 28, Title 15.2, sections 15.2-5100, et seq. of the Code of Virginia (1950), as amended, ("Act'): (1) The name of the Authority shall be the Roanoke Valley Resource Authority and the address of its principal office is 1020 Hollins Road, N.E., Roanoke, Virginia 24012. (2) The names of the participating political subdivisions are the County of Roanoke, Virginia; the City of Roanoke, Virginia; the Town of Vinton, Virginia; and the City of Salem, Virginia. The County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of Salem, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these Amended and Restated Articles of Incorporation shall not be further amended or changed without the express agreement of each of the governing bodies of each of the incorporating political subdivisions. None of the following actions shall be taken or permitted to occur by the Authority without the consent of the City of Roanoke and the County of Roanoke as expressed by the affirmative vote of all City and County representatives on the Authority: (a) Any change in the terms and conditions of design or operation of the Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the Roanoke City Planning Commission on June 5, 1991, and the Part A and Part B applications for the Transfer Station as approved by Page 4 of 10 the Commonwealth of Virginia, or use by any persons or entities other than City of Roanoke, County of Roanoke, Town of Vinton, the City of Salem or any other local government entity, located wholly or partially within a sixty (60) mile radius of the Authority's property and under contractual obligation with the Authority to bring acceptable waste generated within said local government entity's jurisdiction to an Authority facility; (b) Any change in the terms and conditions of the design or operation of the Landfill located in Roanoke County as set forth in the special use permit and the Landfill Permit Conditions and Operating Policies, Action 62789- 10 and Resolution 62789-12, each dated June 27, 1989, and the Part A and Part B applications for the Landfill as approved by the Commonwealth of Virginia. (c) Since the Landfill and Transfer Station are scarce and valuable resources, and because the participating political subdivisions have a common interest in insuring that the Landfill is used in the best possible and most efficient manner, the participating political subdivisions agree that Authority membership and operation and use of the Transfer Station and Landfill shall be governed by the terms and conditions of the Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use Agreement ("Use Agreement"), dated as of July 1, 2016, and as such Use Agreement may be further amended from time to time. (3) The names, addresses, and initial terms of office of the members of the Board of the Roanoke Valley Resource Authority ("Authority") are as follows: Name Address Term Expires 1. Anne -Marie Green 1216 Kessler Mill Road 12/31/2019 Salem, Virginia 24153 (Roanoke County) Page 5 of 10 2. Rebecca Owens P.O. Box 29800 Roanoke, Virginia 24018 (Roanoke County) 3. Keith Garman 8538 Bradshaw Road Salem, Virginia 24153 (Roanoke County) 4. Dennis Nalley 8301 Berrybrook Drive Salem, Virginia 24153 (Roanoke County) 5. Thomas C. Gates 5204 Bernard Drive Roanoke, Virginia 24018 (Roanoke County) 6. Michael Shockley 215 Church Avenue, SW Room 354 Roanoke, Virginia 24011 (Roanoke City) 7. Robert "Bobby" Edwards 3045 Poplar Lane Roanoke, Virginia 24014 (Roanoke City) 8. Joey Hiner 9. Norman Michael Tyler* 311 S. Pollard Street Vinton, Virginia 24179 (Town of Vinton) 114 N. Broad Street Salem, Virginia 24153 (City of Salem) 12/31/2018 12/31/2017 12/31/2017 12/31/2019 12/31/2018 12/31/2019 12/31/2019 12/31/2019 The terms of office of each of the members shall become effective on the date of issuance of a certificate of joinder for the Authority by the State Corporation Commission in accordance with Section 15.2-5112 of the Act and shall expire on the date indicated above. Upon expiration of the foregoing terms, the governing body of each participating political subdivision shall appoint the number of members, who may be members of the governing body, set forth opposite its name below: County of Roanoke - Five City of Roanoke - Two Town of Vinton - One City of Salem - One Page 6 of 10 It being the intention of these Articles that the governing body of the County of Roanoke shall always appoint a majority of the members, whenever an additional political subdivision shall join the Authority, the governing body of the County of Roanoke shall be entitled to appoint one or more additional members in order to maintain such majority. After expiration of the terms set forth above, each member shall be appointed for a four-year term or until his or her successor is appointed and qualified. Any additional members appointed by the County of Roanoke to maintain its majority shall also be appointed for four-year terms. The governing body of each political subdivision shall be empowered to remove at any time, without cause, any member appointed by it and appoint a successor member to fill the unexpired portion of the removed member's term. Each member may be reimbursed by the Authority for the amount of actual expenses incurred by him or her in the performance of his or her duties. (4) The purpose for which the Authority is to be formed is to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage, and maintain a garbage and refuse collection and disposal system and related facilities pursuant to the Act. For purposes of these Articles, and any contracts or documents entered into on behalf of the Authority, "garbage and refuse collection and disposal system and related facilities" shall mean the collection and disposal of garbage and refuse at and through one or more transfer facilities owned and operated by the Authority and the associated landfill or disposal operations and including the authority to engage in or provide for residential and/or commercial garbage and refuse collection services. The Authority shall contract with the County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of Salem to furnish garbage and refuse collection and disposal services upon identical terms and conditions including the same schedule of service rates, fees, and charges of all types which shall be uniformly applicable to all such political subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other political subdivisions to furnish garbage and trash disposal services upon such terms as the Authority shall determine. The Page 7 of 10 Authority may contract to make host locality payments to Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton to compensate such localities in consideration of location of facilities within their communities and\or for their support of the Authority. It is not practicable to set forth herein information regarding preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates for proposed projects. (5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town of Vinton, the City of Salem, and to the extent permitted by the Act and by the terms of these Articles and the Use Agreement, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to such contracts. (6) The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the participating political subdivisions. IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia, the Town Council of the Town of Vinton, the City Council of the City of Roanoke, Virginia, the City Council of the City of Salem, Virginia, and the Board of Directors of the Roanoke Valley Resource Authority have caused these Amended and Restated Articles of Incorporation to be executed in their respective names, and their respective seals have been affixed hereto and attested by the respective secretaries and/or clerks of each. ROANOKE VALLEY RESOURCE CITY OF ROANOKE, VIRGINIA AUTHORITY By: By: Name: Anne Marie Green Name: David A. Bowers Chair Mayor Attest: (SEAL) Attest: (SEAL) Peggy Bishop, Secretary Stephanie M. Moon Reynolds, City Clerk Page 8 of 10 ROANOKE COUNTY, VIRGINIA M Name: P. Jason Peters Chair, Board of Supervisors Attest: (SEAL) Deborah C. Jacks, Chief Deputy Clerk to the Board TOWN OF VINTON, VIRGINIA M Name: Bradley E. Grose Mayor Attest: (SEAL) Susan N. Johnson, Town Clerk CITY OF SALEM, VIRGINIA M Name: Bryon R. Foley Mayor [End of Form of Articles] (7) A copy of the Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use Agreement is available for inspection in the Office of the Roanoke City Clerk, Room 456, Municipal Building, Office of the Clerk to the Roanoke County Board, 5204 Bernard Drive, Fourth Floor, Roanoke, Virginia 24018, Office of the Vinton Town Manager, 311 South Pollard Street, Vinton, Virginia 24179, and Office of the City of Salem Clerk of Council, 114 North Broad Street, Salem, Virginia 24153 and also at the Executive Offices of the Roanoke Valley Resource Authority located at 1020 Hollins Road, N.E., Roanoke, Virginia 24012. (8) (i) Privately -owned sanitary landfill services are not available in a reasonable and cost efficient manner, and (ii) Operation by the Roanoke Valley Resource Authority of a sanitary landfill and any related facilities and/or the contract for such operation in spite of any potential anti-competitive effect is important to provide for the development and/or operation of a regional system of garbage and refuse collection and disposal for the County of Roanoke, the City of Roanoke, the Town of Vinton, the City of Salem, and such other governmental units or private entities as the Authority may determine. Page 9 of 10 (9) The Board further authorizes the Chairman of the Board and/or the County Administrator to take any action and execute any documents, including the Application for Joinder, necessary to accomplish the matters set forth in this resolution and to cause the Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority to become effective so that the City of Salem, Virginia, becomes a member of the Authority. (10) That this resolution shall take effect immediately upon its adoption. Page 10 of 10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14, 2016 RESOLUTION AUTHORIZING AND PROVIDING FOR AN ADDITIONAL PERIOD OF TIME FOR THE ROANOKE VALLEY RESOURCE AUTHORITY TO EXIST AS A CORPORATION, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, pursuant to section 15.2-5114(1) of the Code of Virginia (1950), as amended, the Roanoke Valley Resource Authority was created and incorporated on August 25, 1989, to exist for a term of 50 years as a corporation; and WHEREAS, said section 15.2-5114(1) states that an authority may exist for such further period or periods as may from time to time be provided by appropriate resolutions of the political subdivisions which are members of the authority, provided, however, the term of an authority shall not be extended beyond a date 50 years from the date of the adoption of such resolutions; and WHEREAS, the County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of Salem desire to provide by resolutions for an additional period of time for the Roanoke Valley Resource Authority to exist as a corporation as authorized and provided by section 15.2-5114(1) of the Code of Virginia (1950), as amended. NOW, THEREFORE, BE IT RESOLVED that the [locality] hereby authorizes and provides that the Roanoke Valley Resource Authority shall exist as a corporation for a further period of time ending on and not to extend beyond January 1, 2066, as authorized and provided by section 15.2-5114(1) of the Code of Virginia (1950), as amended; and BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its adoption. 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 14, 2014 RESOLUTION AUTHORIZING THE AMENDED AND RESTATED ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS AND FACILITIES USE AGREEMENT, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, the County of Roanoke ("County"), the City of Roanoke ("City"), the Town of Vinton ("Town"), and the Roanoke Valley Resource Authority ("Authority") entered into the Roanoke Valley Resource Authority Members Use Agreement dated October 23, 1991, ("Members Use Agreement"), as amended by the First Amendment dated June 1, 1992, the Second Amendment dated December 2, 1996, the Third Amendment dated February 1, 1999, the Fourth Amendment dated April 1, 2005, and the Fifth Amendment dated March 23, 2009, by which the Authority agreed to acquire, construct, and equip a regional waste disposal system consisting of a landfill and transfer station and related structures and equipment ("System"), and to provide financing therefor in order to dispose of all non -hazardous waste delivered to such system; and WHEREAS, the County, City, Town, Authority, and City of Salem have all determined that the City of Salem's joinder to the Authority is in their best interests and each jurisdiction has adopted an appropriate resolution to that effect; and WHEREAS, the County, City, Town, Authority, and City of Salem desire to further amend and restate the Members Use Agreement to provide for the terms and conditions applicable to the City of Salem's joinder as a member of the Authority as well as the terms, conditions, and provisions applicable to the operation and use of the expanded System by all authorized users. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Amended and Restated Roanoke Valley Resource Authority Members Facilities and Use Agreement is hereby approved in substantially the form attached as Exhibit "A" to the Board Report dated June 14, 2016; 2. The County Administrator, and Chief Deputy Clerk are authorized to execute and attest, respectively, in a form approved by the County Attorney, said Amended and Restated Roanoke Valley Resource Authority Members Facilities and Use Agreement, to include such changes as the County Administrator shall deem appropriate and\or necessary to carry out the purposes expressed therein; and 3. The County Administrator is authorized to take such further actions and execute additional documents, in a form approved by the County Attorney, as may be necessary or appropriate to implement and administer said Amended and Restated Roanoke Valley Resource Authority Members Facilities and Use Agreement. 4. This resolution shall take effect immediately upon its adoption. Page 2 of 2 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet AMENDED AND RESTATED ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS AND FACILITIES USE AGREEMENT THIS AMENDED AND RESTATED MEMBERS AND FACILITIES USE AGREEMENT ("Agreement") dated as of the _day of 2016 by and between the Roanoke Valley Resource Authority, ("Authority"), a public body politic and corporate, and the County of Roanoke, a political subdivision of the Commonwealth of Virginia, ("County"), the City of Roanoke, a municipal corporation of the Commonwealth of Virginia, ("City"), the Town of Vinton, a municipal corporation of the Commonwealth of Virginia ("Town"), and the City of Salem, a municipal corporation of the Commonwealth of Virginia ("Salem"). RECITALS WHEREAS, the members of the Roanoke Valley Resource Authority, the Board of Supervisors of Roanoke County, the City Council of the City of Roanoke, the Town Council of the Town of Vinton, have signified their intention to amend the Articles of Incorporation of the Roanoke Valley Resource Authority to provide that the City of Salem shall become a member of the Authority pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia (1950), as amended ("Act"). A copy of the proposed Amended and Restated Articles of Incorporation for the Authority is attached hereto and incorporated by reference herein as Exhibit "A"; WHEREAS, the Authority, the County, the City, and the Town have previously entered into this Members Use Agreement originally dated October 23, 1991, as amended by five (5) amendments dated June 1, 1992 (First Amendment), December 2, 1996 (Second Amendment), February 1, 1999 (Third Amendment), April 1, 2005 (Fourth Amendment), and March 23, 2009 (Fifth Amendment) (collectively referred to as the "Original Agreement"), and now desire to further amend and restate the Original Agreement with this Agreement to make provisions for Salem becoming a member of the Authority and to make certain other changes as set forth herein; WHEREAS, the parties have developed and plan to further develop, construct, modify, and\or expand through the Authority, the Landfill, Transfer Stations, and Facilities including Facilities related to the transportation and disposal of Acceptable Waste, including exercise of any and all powers granted by the Act; WHEREAS, the parties intend through the Authority to contract for a supply of Acceptable Waste to be delivered to the Facilities; WHEREAS, the City, County, Town, and Salem wish to contract with the Authority to obtain rights to dispose of Acceptable Waste generated within their respective jurisdictions; WHEREAS, pursuant to this Agreement, the City, County, Town, and Salem desire to set forth the terms and conditions of the disposal of Acceptable Waste through use of the Facilities; and, 1 WHEREAS, the purpose for which the Authority has been formed is to exercise any and all powers granted by the Act, including, without limitation, to acquire, finance, construct, operate, manage, and maintain a garbage and refuse collection and disposal system and related facilities. AGREEMENT NOW, THEREFORE, the parties to this Agreement agree as follows: INTRODUCTION (a) The above whereas clauses are hereby incorporated into and made a part of this Agreement. (b) This Agreement shall be known as The Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use Agreement dated as of July 1, 2016. ARTICLE I DEFINITIONS Unless otherwise defined, each capitalized term used in this Agreement shall have the meaning set forth below. "Acceptable Waste" means non -hazardous "municipal solid waste", "industrial waste" and "agricultural waste", "construction waste", "debris waste", "demolition waste", as defined in the Virginia Department of Waste Management Solid Waste Management Regulations, as amended, (the "DWM Regulations"), and such other wastes as Authority shall agree in writing to accept from time to time, subject to such limitations and exclusions as are imposed by Applicable Law and excluding all Unacceptable Wastes. "Act" means the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, Sections 15.2-5100, et seq., Code of Virginia of 1950, as amended. "Annual Budget" means the annual budget of the Authority as described in Section 5.9. "Annual Deficit" means any actual deficit at the end of a Fiscal Year consisting of an excess of Operating Costs over Operating Revenues for such Fiscal Year incurred by the Authority acting pursuant to an Annual Budget and any amendments thereto approved in advance by all Users in accordance with Section 5.9. "Applicable Law" means any law, regulation, requirement (including but not limited to permit and governmental approval requirements) or order of any local, state or federal agency, court or other governmental body, applicable from time to time to the acquisition, design, construction, equipping, testing, start-up, financing, ownership, possessor or operation (including but not limited to closure and post -closure operations) of the Facilities or the performance of any obligations under any agreement entered into in connection therewith. 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet "Articles of Incorporation" means the Articles of Incorporation of the Authority as they may be amended and restated from time to time. "Authority Default" means any of the events of default described in Section 6.2. "Bonds" means any Revenue Bonds, or other obligation, issued by the Authority tc finance the acquisition, construction, improvement, and equipping of the Facility/Facilities, including any revenue bonds issued to refund such Bonds. "Bylaws" means the Bylaws of the Authority, as they may be amended from time to time. "Capital Expenditure" means any single expenditure intended to benefit and be amortized over 5 or more accounting periods under Generally Accepted Accounting Principles. "Charter Member Users" or "Charter Member User" means Roanoke County, the City of Roanoke, and the Town of Vinton, as the context may require. "Contract Municipal Customer(s)" means any local government entity, located wholly or partially within a sixty (60) mile radius of a Facility and under contractual obligation with the Authority or permitted to bring Acceptable Waste generated within said local government entity's jurisdiction to a Facility. "Debt Service Payments" means the payments of principal, premium, if any, and interest required to be made by the Authority with respect to the Bonds. "Designated Hauler" means any person (other than a User) (1) who is authorized to deliver Acceptable Waste to the Facility on behalf of a User or a Contract Municipal Customer and originating from User's or Contract Municipal Customer's jurisdiction, for a fee paid by the User; or, (2) who collects Acceptable Waste pursuant to contract with or franchise from the User and is designated to the Authority as such by the User in writing. "Event of Default" means the events of default set forth in Section 6.2 and 6.3. "Facility" and/or "Facilities" as the context may require, means the Landfill located in Roanoke County; and/or, as the context may require, Transfer Station; and/or, any other operation/structure owned and operated by, or on the behalf of, the Authority. "Fiscal Year" means the period from July 1 of one year to June 30 of the next year. "Hazardous Waste" means (i) "hazardous waste" as such term is defined in the DWM Regulations, (ii) "hazardous waste" as such term is defined in the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. as amended from time to time; and (iii) solid waste that because of its quantity, concentration, or physical, chemical or infectious characteristics may pose or significantly contribute .to a substantial present or potential hazard to human health, the Facility, or the environment when treated, stored, transported, or disposed of or otherwise managed. "Host Community Fee" means the annual fee paid by the Authority to a Charter Member User or a User for hosting the Facilities as set forth in Section 7.1. "Indenture" means any Indenture of Trust or other document, entered into by the Authority pursuant to which Bonds are issued. "Landfill" means the regional landfill to be developed and operated by the Authority on one or more sites for the disposal and fill of Acceptable Waste in accordance with the special use permit provided pursuant to County item 62789-10 and Resolution 62789-12, each dated June 27, 1989. "Leachate" means wastewater generated at and by Facilities. "Maximum Annual Tonnage" means the maximum annual total tonnage of Acceptable Waste disposed of at the Landfill agreed by the Authority and Users to be 330,000 tons per year. "New Member(s)" means all local government entities that are members of the Authority, other than the Charter Member Users, in accordance with Section 4.4. "Operating Costs" means all actual costs of the Authority properly allocable to acquiring, constructing, equipping, maintaining and operating the Facility and set forth in the Annual Budget, including, but not limited to: (1) Salaries and fringe benefits of employees; (2) Utilities, fuel, equipment (including but not limited to trucks and heavy equipment) tools and supplies; (3) Engineering, testing, and consulting costs for design and operation, testing, monitoring, and closure; (4) All costs for compliance with all permit conditions and compliance with Applicable Law, including costs for treatment and disposal of leachate or materials inappropriately disposed or delivered to the Facility; (5) Debt Service Payments; (6) Legal costs incurred in connection with the zoning, permitting, financing, operating and defending of The Facility and the Authority; (7) Insurance costs and the costs of bonds, letters of credit, escrows or other financial assurance or allowance for environmental monitoring and assurance, closure, post- closure or property value guarantees or for compliance with Applicable Law; 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet (8) Reasonable host community allowances as identified and set forth in the special use permit for the Landfill Roanoke County item 62789-10, and Resolution 62789- 12, each dated June 27, 1989; and as set forth in the Solid Waste Transfer Facility Design Criteria, dated March 19, 1991, and Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the City Planning Commission on June 5, 1991 and/or as provided in this Agreement; (9) Capital Expenditures necessary for compliance with Applicable Law, Capital Expenditures necessary for normal maintenance and reasonable periodic expansion of the Facility and Capital Expenditures incurred in connection with Uncontrollable circumstances; (10) Purchase and maintenance costs of equipment and maintenance of the Facility; (11) All taxes, including but not limited to those on real property, equipment or income; (12) All accounting and bookkeeping fees and charges; (13) All costs associated with uncollectible accounts; (14) The Authority's costs for Transportation Services; and (15) All amounts required to be paid by the Authority to replenish deficits in the Debt Service Reserve Fund or the Rate Stabilization Fund, or any similar funds, created pursuant to the Indenture. "Operating Revenues" means all income and revenues derived by the Authority from the ownership or operation of the Facilities, including the receipts of Tipping Fees from the Users, Private Haulers and Designated Haulers (but excluding any payments of any User's Pro Rata Share) and income from the investment of money held by or on behalf of the Authority. "Private Hauler" means any person (other than a User or a Designated Hauler) who disposes of Acceptable Waste originating from User's or Contract Municipal Customer's jurisdiction at the Facilities, including individuals delivering household waste in privately owned vehicles. "Pro Rata Share" means that share of the Annual Deficit which is in the same proportion that the estimated population of the respective User bears to the total estimated population of all jurisdictions then members of the Authority which are then subject to payment of a Pro Rata Share, both as most recently projected on an annual basis by the Center For Public Service at the University of Virginia. "Transportation Services" means Authority -contracted transportation services provided by the Norfolk Southern Railway, and any other Authority -contracted service provider, for the transportation of Acceptable Waste and Leachate. E "Reciprocating Local Government Entity" means any local government entity entering into a reciprocal, contractual agreement with the Authority for purposes of managing or disposing of all or a portion of each entity's Acceptable Waste, respectively. "Recycled Waste" means material diverted from the waste stream for separate processing in accordance with the applicable requirements of state and federal law and implementing regulations. "Roanoke Transfer Station" means the Transfer Station located in the City of Roanoke, sited pursuant to and subject to the terms and conditions of the Solid Waste Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the City Planning Commission on June 5, 1991. "Tipping Fee" means the per -ton fee, or otherwise proportionate rate as published in the Authority's posted rate schedule, payable to Authority for the disposal of Acceptable Waste. "Ton" or "ton" means a unit of weight equal to 2000 pounds. "Transfer Station" means any facility, fully permitted by the Commonwealth of Virginia and owned and operated by, or on the behalf of, the Authority, only for the transfer of Acceptable Waste by Transportation Services to the Landfill, or other temporary, emergency designated disposal facilities as provided in Sections 4.L(a) and 4.4.1. "Unacceptable Waste" means waste which the Facility is precluded by Applicable Law from accepting, including, without limitation, medical wastes, hazardous wastes, waste as proscribed by applicable federal, state or local law or regulations, or waste otherwise prohibited by the Authority. "Uncontrollable Circumstance" means any event or condition, whether affecting the Facility, any User or the Authority, that interferes with the acquisition, design, construction, equipping, start-up, operation, ownership or possession of the Facility or other performance required hereunder, if such event or condition is beyond the reasonable control, and not the result of willful action of the party relying thereon as justification for any nonperformance including but not limited to an act of God, storm, flood, landslide, earthquake, fire or other casualty, war, blockade, insurrection, riot, the order or judgment of any local, state, or federal court, administrative agency or governmental officer or body, a strike, lockout or other similar labor action . "User" or "Users" means the Charter Member Users, and New Members constituting the Authority under the terms of this Agreement, if applicable, as the context may require. "User Default" means any of the events of default described in Section 6.3. ARTICLE II 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet TERM OF AGREEMENT Section 2.1. Term. This Agreement shall become effective upon its execution, subject to the terms and conditions contained herein, and shall be effective and the Authority shall have existence until January 1, 2066, unless further extended pursuant to the provisions of the Act, provided that the Authority and this Agreement shall in any event continue until adequate closure and post -closure obligations and responsibilities with respect to the Facilities have been met. Users covenant and agree to undertake in good faith and in a timely manner all actions necessary for the establishment of the Authority and the establishment and operation of the Facility as set forth herein. Section 2.2. Applicability; Amendments. The Authority and Users covenant and agree that except as stated herein the terms, conditions and requirements contained in this Agreement shall apply equally to each User and further covenant and agree that this Agreement and the Articles of Incorporation shall not be amended or changed in any way without the consent of Authority and the consent of the governing body of each User. The parties hereto further covenant and agree that, except in case of an Uncontrollable Circumstance, the Authority shall engage in the collection and disposal of garbage and refuse at and through the Facilities , and that the Authority shall be authorized to engage in or provide for commercial and/or residential garbage and refuse collection activities or services. Authority shall also be authorized to engage in recycling activities with regard to Acceptable Waste for which Authority has accepted title in accordance with Section 4.5 of this Agreement, provided, however, that Authority shall not require any specific recycling methodology, goals, limits or standards for a User without such User's consent and provided further that Authority shall not in any manner subsidize any User's recycling program except for incentive programs to encourage recycling that benefits all Users proportionately on the basis of population. ARTICLE III FACILITY CONSTRUCTION AND OPERATION Section 3.1. Facility Construction and Operation. (a) Subject to the provisions of this Section, Authority agrees that it will construct and equip the Facilities. Authority further agrees to use its best efforts to obtain the necessary permits and approvals required under Applicable Law to construct and equip the Facilities as described. 7 (b) Authority shall construct and maintain at its expense any facilities, improvements, and buildings necessary for the operation of the Facilities and shall furnish all labor, tools, and equipment necessary to operate the Facilities, in accordance with Applicable Law. Section 3.2. Use of Facilities. The Authority and the Users covenant and agree that, except as provided in section 4.4.1 Emergency Temporary Use of Authority's Facilities, below, the Facilities provided for herein may only be utilized by the Users, the Designated Haulers, and the Private Haulers, Contract Municipal Customers, and properly authorized persons and entities disposing of Acceptable Waste generated within their respective jurisdictions. The Authority and Users further covenant and agree that, except as provided in section 4.4.1 Emergency Temporary Use of Authority's Facilities, below, any Facility shall not be utilized by any other person or entity without the express prior consent of the Authority and the governing body of the User where the Facility is located. Use and operation of the Landfill shall be subject to and in compliance with the terms and conditions in the special use permit provided pursuant to Roanoke County Item 62789-10, and Resolution 62789-12, each dated June 27, 1989. Use and operation of the Roanoke Transfer Station shall be subject to and in compliance with the terms and conditions in the Solid Waste Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the City Planning Commission on June 5, 1991, all as amended from time to time. ARTICLE IV OBLIGATIONS RELATING TO DELIVERY AND ACCEPTANCE OF WASTE; OPERATING PROCEDURES Section 4.1. Delivery and Acceptance. (a) Throughout the term of this Agreement, Authority agrees to accept and dispose of Acceptable Waste delivered by or on behalf of the Users in accordance with the terms of this Agreement and agrees to do so at and through the Facilities unless an Uncontrollable Circumstance renders all or a portion of the Facilities inoperable. In such case the Authority may and is authorized to provide by separate agreement between the Authority and any local government owned and operated solid waste disposal or transfer facility located within sixty (60) miles of the Facilities, for the reciprocal, emergency, temporary disposal of all or part of the Authority's Acceptable Waste at said local government's solid waste disposal facility/facilities. The Authority further agrees to use its best efforts to operate the Facilities as economically as possible and to maintain a competitive Tipping Fee structure to encourage use of the Facilities by Private Haulers and Contract Municipal Customers. (b) Each User shall have the right to deliver, or cause to be delivered, to the Facilities all Acceptable Waste generated within its political jurisdiction. Except in the case of an Uncontrollable Circumstance, each User, that is party hereto, further agrees to deliver, or cause to be delivered, to the Facilities, all Acceptable Waste, except Recycled Waste, which is generated or collected by the User, collected by a Designated Hauler, or collected by any other waste hauler 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet who collects Acceptable Waste on behalf of the User, and each User agrees to do so to provide a constant revenue stream to the Authority in recognition of the fact that Private Haulers have no legal obligation to use the Facilities. Section 4.2. Operating Rules. The Authority shall promulgate specific rules and procedures for the use and operation of the Facilities, which shall be deemed a part of this Agreement following notice to the Users of such rules. The rules and procedures may be modified by Authority from time to time upon notice to the Users from Authority. A copy of such operating rules shall be available at the Facilities upon request. The parties agree to be bound to such rules and procedures in all respects. The rules may include fines for attempts to dispose of Unacceptable Waste in the Facilities and procedures for banning Designated Haulers and any other persons who violate the rules. Authority and Users agree that such rules and procedures shall not be inconsistent with this Agreement. In the event of a conflict between such rules and procedures and this Agreement or the Articles of Incorporation, this Agreement or the Articles of Incorporation shall prevail. Section 4.3. Voting Representation. Notwithstanding any contrary provision in the Articles of Incorporation, Bylaws, or this Agreement, Authority, the Charter Member Users, and Salem covenant and agree that the initial voting representation on the Authority shall consist of 5 representatives from the County, 2 representatives from the City of Roanoke, 1 representative from the Town, and 1 representative from the City of Salem and that neither of the following actions shall be taken or permitted to occur by the Authority without the express consent of Roanoke County and the City of Roanoke, as expressed by the affirmative vote of all Roanoke County and City of Roanoke representatives on the Authority: (1) Any change in the terms or conditions of design or operation of the Roanoke Transfer Station located in the city as set forth in the Solid Waste Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the City Planning Commission on June 5, 1991, and the Part A and Part B applications for the Roanoke Transfer Station as approved by the Commonwealth of Virginia, or any expansion or modification of the Transfer Station; or, (2) Any change in the terms or conditions of design or operation of the Landfill located in the County of Roanoke as set forth in the special use permit approved pursuant to Roanoke County item 62789-10, and Resolution 62789-12, each dated June 27, 1989, and the Part A and Part B applications for the Landfill as approved by the Commonwealth of Virginia, or any expansion or modification of the Landfill. Section 4.4. New Members. Because the Landfill is a scarce and valuable resource and because all Users have a common interest in insuring that the Landfill is utilized only for the proper disposal of Acceptable Waste and because Authority and Users desire to make the best possible and most efficient use of the Landfill, Users and Authority covenant and agree as follows: (1) No person or entity shall be permitted to utilize the Facilities except pursuant to the general terms and conditions of this Agreement; M (2) Except as provided in Section 4.4.1 Emergency Temporary Use of Authority' s Facilities, below, only Users, Designated Haulers, and Private Haulers, disposing of Acceptable Waste generated within the Users' jurisdictions, and Contract Municipal Customers shall be permitted to utilize the Facilities; (3) Additional Users may join the Authority by a simple majority vote of the Authority and compliance with Applicable Law, provided that the following conditions have been met: (a) The additional volume of Acceptable Waste that would be disposed of at the Landfill as a result of such proposed new User's joining is not projected to cause the total aggregate amount from all User jurisdictions and Contract Municipal Customers to exceed the Maximum Annual Tonnage. (b) The proposed new User jurisdiction shall be responsible for all the costs and expenses of such waste stream as determined to be necessary by Authority. (c) Each New Member joining the Authority will be entitled to one voting representative on the Authority and Roanoke County shall be entitled to one additional voting representative for each such New Member joining the Authority, as necessary, to maintain its majority. (d) The proposed new User shall execute and deliver an agreement substantially similar to this Agreement as required by the Authority. (e) As applicable to the City of Salem becoming a New Member and upon issuance by the State Corporation Commission of a Certificate of Joinder and/or Restatement: (i) Subject to the items in (ii) below, the Authority will pay the City of Salem the total sum of One Million, Seven Hundred and Eighty -One Thousand, Four Hundred and Seventy -Three and 22/100 Dollars ($1,781,473.22), which is the amount Salem has identified as necessary to retire any and all outstanding debt owed on the City of Salem's existing transfer station; (ii.) The City of Salem will convey good and marketable title of the City of Salem's existing transfer station and all related existing equipment, real property, and existing site work as is, as described in Exhibit "B" , such that said transfer station becomes a Facility, and such real property is not subject to any material environmental issues as determined by the Authority. Section 4.4.1 Reciprocal Emergency Temporary Use of Authority's Facilities. The Authority hereby allows for the reciprocal, emergency, temporary use of the Transfer Station for 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet the disposal at the Landfill of only Acceptable Waste which originates within the Reciprocating Local Government Entity's jurisdiction, subject to and upon the following terms and conditions: (1) Authority and the Reciprocating Local Government Entity shall enter into an appropriate reciprocal agreement in form approved by the Authority for the temporary emergency use of each other's waste disposal facilities. Prior to any delivery of waste by the Reciprocating Local Government Entity at the Transfer Station, the Reciprocating Local Government Entity shall provide advance written notice to the Authority's Chief Executive Officer of (i) the nature of the emergency; (ii) the estimated duration of the emergency use; and, (iii) the estimated daily amount of municipal solid waste requested to be delivered for disposal. (2) Such use shall be subject to prior written approval of the Authority's Chief Executive Officer and the Reciprocating Local Government Entity's compliance with all Applicable Laws, rules, regulations, and procedures, including, without limitation, the Authority's Operating Rules, regulations and procedures. (3) The fees and charges applicable to such use shall be as established by the Authority from time to time. (4) Under no circumstances shall the Authority accept or be deemed to have accepted for disposal or title to any Hazardous Waste or Unacceptable Waste. (5) The Reciprocating Local Government Entity shall be responsible for and shall pay any and all claims, suits, damages, fines, penalties, loss, or liability, including any required cleanup or remediation, for damage to property, death or personal injury of any kind resulting from or arising out of: (i) the operation or presence on Authority premises by the Reciprocating Local Government Entity, its employees, agents, and contractors; (ii) the delivery to the Facilities or handling of Hazardous Waste or Unacceptable Waste; or, (iii) any violation of any law, rule, regulation, or procedure. Section 4.5. Title to Acceptable Waste. Upon Authority's acceptance of any Acceptable Waste, Authority shall receive title to such Acceptable Waste. Authority may, at its sole election, take title to Acceptable Waste at an earlier time if it notifies the affected User of the exercise of such election. Authority shall never be deemed to have title to Unacceptable Waste unless it specifically represents that it is aware the waste is Unacceptable Waste and it is specifically taking title to the same. Inoperability of Authority's scales shall not affect the transfer of title. In the event of any dispute regarding transfer of title, the affected User shall join with Authority in defense of such title. Section 4.6. Disposal of Unacceptable Waste. Authority shall notify any person delivering waste found before discharge into any Facility to contain Unacceptable Waste that the waste cannot be disposed at the Facility. If Unacceptable Waste is disposed of by or on behalf of any User, and time and operations permit, Authority shall notify such User and such User shall promptly cause the Unacceptable Waste to be removed from the Facility and disposed of in accordance with Applicable Laws. In the event time and operations do not permit such notice or such User does not promptly remove the Unacceptable Waste, Authority may, at its option, cause 11 the same to be removed, and disposed of in accordance with Applicable Law and such User shall be liable for the costs thereof. The affected User shall reimburse Authority for the actual costs, expenses, fines, penalties and liability resulting from the deposit of such Unacceptable Waste identified to have been disposed of by such User in the Facility, and, upon submission of satisfactory evidence of such costs, shall pay all such costs within 45 days of an invoice therefor; provided that the Authority shall not pay or agree to pay any fine or penalty, or acknowledge any liability unless the affected User is given an opportunity to participate and defend any such action seeking to impose a fine, penalty, or liability. Section 4.7. Household Hazardous Waste Collection Facility. Notwithstanding any other provision of this Agreement, the Authority shall be authorized to operate a household hazardous waste collection facility and operation at Transfer Station site(s) for the on-going collection, storage, and off-site disposal of household hazardous waste originating from the residential households located within the Users' jurisdictions, or Contract Municipal Customer's jurisdiction if Authorized by the Authority. Such household hazardous waste facility and all related activities, including, without limitation, the collection, storage, and transportation and off-site disposal of household hazardous waste, shall be in compliance with all applicable local, state and federal rules, laws, and regulations. ARTICLE V TIPPING FEES; OTHER CHARGES Section 5.1. Tipping Fees. Authority shall charge Tipping Fees for Acceptable Waste delivered to the Facilities and accepted by Authority for disposal. The Tipping Fees shall be established and adjusted from time to time in accordance with the requirements of the Act and any Indenture. Subject to the terms and conditions of this Agreement, Authority and Users recognize and agree that there may be numerous separate classes of users of the Facilities including (1)Users, (2)Contract Municipal Customers, (3) Designated Haulers, and (4) various categories of Private Haulers with different Tipping Fees for each class. Because the Landfill is a scarce and valuable resource, and Users and Authority intend to preserve its use to the maximum degree possible, Authority may establish different Tipping Fees for entities other than the Users who use the Facilities. Users shall be liable for any Tipping Fees payable by their respective Designated Haulers. Section 5.2. Payments; Liability of Users. (a) All amounts payable hereunder shall be invoiced on a monthly basis unless otherwise indicated. Amounts invoiced shall be due 20 days after the date of receipt of the invoice. Each invoice shall list all deliveries made during the applicable period and all information on the related weight records. (b) Authority may maintain separate records for the amounts payable by each person and entity under this Agreement. Section 5.3. Payment for Out -of -Hours Deliveries. Authority may charge such amounts as it deems appropriate for deliveries at times other than the Facility's normal hours of operation. 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet Section 5.4. Late Pam Any amount payable under this Agreement by Users, Designated Haulers, Private Haulers, or Commercial Contract Customers that is not paid when due in accordance with this Agreement shall bear interest compounded monthly at the lesser of - (i) 21 % or (ii) the highest rate allowed by law. Section 5.5. Tipping Fee Adjustment. Until the resolution of any disagreement about any Tipping Fee adjustment, Users shall pay the Authority's proposed adjustment. Authority shall, immediately after the resolution, reimburse User and Designated Haulers for the aggregate amount of any overpayment, if any, occurring as a result of the subject matter of the disagreement. Section 5.6. Relative Charges. The Authority and Users covenant and agree that Users shall be charged the same Tipping Fees for use of the Facilities. Subject to the foregoing, Users shall pay to Authority the Tipping Fees set forth in the fee schedule adopted by Authority in accordance with the Act and this Agreement. The Authority may establish fees for special wastes as defined by the rules and procedures promulgated by the Authority pursuant to section 4.2, tires for Private Haulers, and for individuals delivering household waste in privately owned automobiles and pick-up trucks as it deems appropriate. Section 5.7. Obligation to Pay Pro Rata Share. (a) Subject to the terms and conditions of this Agreement, each User shall pay to the Authority or such other person as the Authority may designate its Pro Rata Share of any Annual Deficit not less than thirty (30) days after receipt of written request therefor from the Authority. The Authority shall compute each year's Pro Rata Share in accordance with this Section and send notice to each User of its Pro Rata Share within thirty days after the close of each Fiscal Year. Each Pro Rata Share shall be the proportionate obligation of each User to pay the Annual Deficit computed on a pro rata basis based on the percentage the User's population', as of the close of the preceding Fiscal Year as projected by the Center for Public Service at the University of Virginia, bears to the total population of all Users which are then subject to payment of a Pro Rata Share. The initial Pro Rata Share of each User shall be based on the following percentages: Roanoke County 41.70% City of Roanoke 43.50% Town of Vinton 3.59% City of Salem 11.21% (b) The obligation of each User to make payments of its Pro Rata Share under this Section shall be subject to and contingent upon the provisions of Section 5.9 and appropriations being made for such purpose by the governing body of the User. Nothing in this Section or this Agreement shall constitute a pledge of the full faith and credit of any User under any provisions of its charter or the Constitution of Virginia or a bond or debt of any User within the meaning of any provision of the Constitution of Virginia or such User's charter. Subject to the provisions of 13 this Agreement, the obligations of each User to make payments under this Section and to observe and perform all other covenants and agreements under this Agreement are unconditional, irrespective of any rights of set-off, recoupment, or counterclaim that any User may have, jointly or individually, against the Authority. (c) At the option of any User, such User may terminate its obligation to make payments of it Pro Rata Share, but only if the annual reports required by Section 5.8 shall show that: (i) no Annual Deficit has occurred for the five preceding Fiscal Years; and (ii) Operating Revenues have been equal to at least 110% of Operating Costs for the two preceding Fiscal Years. Section 5.8. Books and Records. The Authority shall maintain all books, records and accounts necessary to record all matters affecting the Tipping Fees or other amounts payable by or to Users and the Authority under this Agreement. All such books, records and accounts shall be maintained in accordance with generally accepted accounting principles, shall accurately, fairly and in reasonable detail reflect all Authority's dealings and transactions under this Agreement and shall be sufficient to enable those dealings and transactions to be audited in accordance with generally accepted accounting principles. Within one hundred twenty (120) days after the close of each Fiscal Year, the Authority shall deliver to each User an annual report accompanied by a certificate of an independent certified public accountant, including, among other things, a statement of the financial position of the Authority at the end of such Fiscal Year, a statement of Operating Revenues and Operating Costs under this Agreement, and the amount, if any, of the Annual Deficit. All such books, records and accounts shall be available for inspection and photocopying by any User on reasonable notice so that it can verify Tipping Fees or other amounts payable under this Agreement. All such books, records and accounts shall be kept by the Authority for at least six years (or any longer period required by Applicable Law). Section 5.9. Annual Budget. The Authority shall provide to the Users for approval, on or before each April 1, its Annual Budget for the upcoming year. The Authority shall also provide to the Users for approval in advance any amendment of any kind to the Annual Budget. The Annual Budget shall set forth (i) the budgeted Operating Costs for such Fiscal Year, itemizing each category of expenditure, including the amount of Debt Service Payments coming due in the next Fiscal Year, if applicable; and, (ii) the budgeted Operating Revenues for such Fiscal Year; and (iii) the budgeted Tipping Fees necessary to balance the Annual Budget. The Authority shall also provide Operating Costs and Operating Revenues for the then current Fiscal Year. The Annual Budget for an upcoming Fiscal Year and any amendments thereto shall not be effective and no expenditures shall be made by Authority under the proposed Annual Budget unless and until such Annual Budget and any amendments have been approved by the governing bodies of Users, such approval not to be unreasonably withheld. The Authority shall continue operating within the expenditure levels approved under the Annual Budget for the immediately preceding Fiscal Year, excluding any Capital Expenditures, until such time as a new Annual Budget is approved. 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet ARTICLE VI DEFAULT AND TERMINATION Section 6.1. Remedies for Default. (a) In the event of the breach by any party of an obligation under this Agreement, the right to recover damages or to be reimbursed will ordinarily constitute an adequate remedy. The parties hereto agree that as long as any Bonds remain unpaid or their payment has not been provided for in accordance with the Indenture, no party may terminate its obligations under this Agreement. (b) The Authority may refuse to accept any Acceptable Waste that is collected by a User if such User fails to pay any amount due hereunder until the amount and any late payment interest on it have been paid if the Authority has mailed a written notice of the failure to pay the amount due under this Agreement to such User at the address to which invoices are sent by certified mail accompanied by a copy of the invoice for the unpaid amount. (c) The parties hereto acknowledge that, in the event of any Event of Default the non -defaulting party shall be entitled to recover, to the extent proven, all of their respective damages, including incidental and consequential damages, caused by such Event of Default. The parties hereto agree that damages for any such Event of Default may include, without limitation: (i) amounts payable under this Agreement (including, without limitation, Tipping Fees); (ii) lost revenues and damages under any contract unable to be performed or realized, in whole or in part, by reason of such Event of Default; (iii) accelerated amounts if required under any contract or agreement as a result of an Event of Default specified in Section 6.3(a); (iv) interest from the date of payment on any amounts borrowed or required to be advanced in connection with such Event of Default, including interest on amounts paid to mitigate damages or prevent a default from arising under any agreement relating to the Facilities or its operations; (v) increased Operating Costs, and (vi) reimbursement for all reasonable expenses and costs, including the fees and expenses of its counsel, incurred in connection with any proceeding brought to recover such damages or to enforce the provisions of this Agreement. To the extent permitted by Applicable Law, the parties hereto hereby waive the right to trial by jury in any action or proceeding brought to enforce, construe or recover damages for any breach of this Agreement. Section 6.2. Events of Default by Authority_. The following shall constitute an Event of Default by the Authority ("Authority Default"): The Authority's persistent or repeated failure or refusal substantially to fulfill any of its material obligations to any User in accordance with this Agreement unless such failure or refusal shall be excused or justified by an Uncontrollable Circumstance or a default by a User hereunder; provided, however, that no such failure or refusal shall constitute an Authority Default unless and until: 15 (i) Such User has given written notice to Authority stating that in its opinion a particular default or defaults (described in reasonable detail in such notice) exist that will, unless corrected, constitute a material breach of this Agreement by the Authority and that will in its opinion give User a right to reimbursement or to recover damages under this Agreement, or after all Bonds have been paid or their payment provided for, a right to terminate its obligations hereunder, unless such default is corrected within a reasonable period of time, and (ii) Authority has neither corrected such default nor initiated reasonable steps to correct it within a reasonable period of time (which shall in any event be not less than thirty days from the date of receipt of the notice given pursuant to clause (i) of this Section); provided that if the Authority has commenced to take reasonable steps to correct such default within such reasonable period of time, it shall not constitute an Authority Event of Default for as long as the Authority is continuing to take reasonable steps to correct it; or Section 6.3. Events of Default by Users_ Each of the following shall constitute an Event of Default by a User ("User Default"): (a) The failure by a User to pay any amount under this Agreement within 60 days after receipt of written invoice therefor; or, (b) The failure or refusal by a User to fulfill any of its obligations to Authority in accordance with this Agreement unless such failure or refusal is excused or justified by an Uncontrollable Circumstance; provided that no such failure or refusal shall constitute an Event of Default unless and until (i) Authority has given prior written notice to such User stating that in its opinion a particular default or defaults (described in reasonable detail in such notice) exist which will, unless corrected, constitute a material breach of this Agreement on the part of the User and which will in its opinion give Authority a right to reimbursement, recover damages or refuse service under this Agreement for cause under this Section unless such default is corrected within a reasonable period of time, and (ii) Such User has neither corrected such default nor initiated reasonable steps to correct it within a reasonable period of time (which in any event shall not be less than five days from the date of the notice given pursuant to clause (i) of this Section); provided that if User has commenced to take reasonable steps to correct such default within such reasonable period of time, it shall not constitute an Event of Default for as long as User is continuing to take reasonable steps to correct it, unless such default creates an emergency situation which may endanger public health or safety, threaten the environment or endanger the continued operation of any Facility, in which case an Event of Default shall be deemed to have occurred if such default is not corrected within ten days or less. Section 6.4. Termination on Default. After all Bonds have been paid or their payment provided for and they are no longer considered outstanding under any applicable Indenture, any 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet User, after giving written notice to all parties, may terminate this Agreement with respect to itself upon the occurrence of an Authority Default to the extent permitted by Applicable Law. The termination of this Agreement by any User shall not terminate this Agreement as to any other User. The proper exercise of the right of termination shall be in addition to and not in substitution for, such other remedies, whether damages or otherwise, of the party exercising the right of termination. Subject to the terms and conditions of this Agreement, if any User fails to pay its Tipping Fees or its Pro Rata Share after appropriations therefore have been made, such User shall remain liable for such amounts and shall continue to be bound by this Agreement. Section 6.5. Survival of Certain Rights and Obligations. This Agreement shall remain in full force and effect as long as any Bonds remain unpaid or their payment has not been provided for under any applicable Indenture. Thereafter, this Agreement may be terminated, but no termination of this Agreement shall limit or otherwise affect the rights and obligations of any party that have accrued before the date of such termination. Additionally, all obligations of Users with regard to any Unacceptable Wastes shall survive the termination of this Agreement. Section 6.6. Resolution of Disputes. The parties agree that should any question arise between the Authority and a User who is a signatory to this Agreement relative to either engineering or accounting, it shall be resolved as follows: (a) If as to engineering, then by a majority of a committee of three composed of an engineer appointed by the Authority, an engineer appointed by the User affected, and an independent engineer, to be chosen by the foregoing two; provided, however, should the first two appointees not be able to select the third appointee within thirty (30) days following the date of appointment of the last of the first two appointees, then and in that event, application for appointment of the third arbitrator shall be made to the Circuit Court judges of the 23rd Judicial Circuit of the Commonwealth of Virginia which shall appoint the third arbitrator. (b) If as to accounting, then by a majority of a committee of three composed of the Chief Financial Officer of the affected User, the Authority's chief financial officer, and an independent certified public accountant, to be chosen by the foregoing two; provided, however should the first two appointees not be able to select the third appointee within thirty (30) days following the date of appointment of the last of the first two appointees, then application for appointment of the third arbitrator shall be made to the Circuit Court judges of the 23rd Judicial Circuit of the Commonwealth of Virginia which shall appoint the third arbitrator. (c) In either case, the charge of the independent individual shall be borne equally by the affected User and the Authority. ARTICLE VII NUSCELLANEOUS 17 Section 7. 1. Host Community. The Authority covenants and agrees to pay to each User hosting the Landfill, the amount of $350,000 annually, for as long as the Landfill remains operational, and to each User hosting a Transfer Station, the amount of $150,000 annually, for as long as such Transfer Station remains operational. Any Charter Member User not hosting a Facility shall be paid a Host Community Fee annually in the amount of $5,000, for as long as they are a User, for their continued long-term support of the Facilities. Host Community Fees will be paid within 30 days after the close of each Fiscal Year in consideration of the location of the Facility in their respective jurisdiction or as otherwise provided herein. Section 7.2. Extent of Agreement, Modification. This Agreement represents the entire and integrated agreement between the Users and Authority and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written agreement signed by Users, and Authority. Authority and Users expressly covenant and agree that this Agreement shall not be changed or amended in any manner and the Authority shall not be dissolved or any User permitted to withdraw, except as provided in Section 6.4, without the written consent of the governing bodies of the Users. Section 7.3. Assi ng ment. No assignment of this Agreement, or any right occurring under this Agreement, shall be made in whole or part by any User without Authority's express written consent. Users shall not resell to any entity the right to dispose of Acceptable Waste at the Facilities, either directly through a User or indirectly through a Designated Hauler, for an amount greater than is paid by such User to Authority for such disposal by User (whether such charge is direct or additive), without the express written consent of Authority, which consent may be withheld by Authority at its sole discretion. Section 7.4. Partnership. Nothing herein shall be construed to constitute a joint venture between Authority and any User or the formation of a partnership. Section 7.5. Authority as Successor to Roanoke County_ Resource Authority. The parties hereto agree and covenant that the Authority is the successor to the Roanoke County Resource Authority. Section 7.6. Severability of Invalid Provisions. If any clause, provision or section of this Agreement is held to be illegal or invalid by any court, the invalidity of the clause, provision or section will not affect any of the remaining clauses, provisions or sections, and this Agreement will be construed and enforced as if the illegal or invalid clause, provision or section had not been contained in it. Section 7.7. Notices. All notices, certificates, requests or other communications under this Agreement must be in writing and will be deemed given, unless otherwise required, when mailed by first-class mail, postage prepaid, to the addresses set forth below: If to the Authority: 1020 Hollins Rd., N.E. Roanoke, Virginia 24012 Attention: Chair, RVRA Board of Directors 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet If to the City of Roanoke: 215 Church Avenue, S.W., Room 364 Municipal Building Roanoke, Virginia 24011 Attention: City Manager If to the County of Roanoke: P.O. Box 29800 Roanoke, Virginia 24018-0798 Attention: County Administrator If to the Town of Vinton: P.O. Box 338 Vinton, Virginia 24179 Attention: Town Manager If to the City of Salem: 114 North Broad St. P.O. Box 869 Salem, Virginia 24153 Attention: City Manager The parties may by notice given under this Section, designate such other addresses as they may deem appropriate for the receipt of notices under this Agreement. If, by reason of the suspension of or irregularities in regular mail service, it is impractical to mail notice of any event when notice is required to be given, then any manner of giving notice which is satisfactory to the intended recipient will be deemed to be sufficient. Section 7.8. Litigation. The Authority is not a party to any legal, administrative, arbitration or other proceeding or controversy pending, or, to the best of the Authority's knowledge, threatened, which would materially adversely affect the Authority's ability to perform under this Agreement. Each User represents as to itself that it is not a party to any legal, administrative, arbitration, or other proceeding or controversy pending, or, to the best of its knowledge, threatened, which would materially and adversely affect its ability to perform under this Agreement. Section 7.9. Further Documents and Data. The parties to this Agreement will execute and deliver all documents and perform all further acts that may be reasonably necessary to perform the obligations and consummate the transactions contemplated by this Agreement. Section 7.10. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, will be an original, and the counterparts taken together will constitute one and the same instrument. IN WITNESS WHEREOF, the parties have each caused this Agreement to be signed as of the date above written. 19 AUTHORITY: ROANOKE VALLEY RESOURCE AUTHORITY ATTEST: By: By: _ Its: Title: APPROVED TO FORM: Roanoke Valley Resource Authority Attorney USERS: COUNTY OF ROANOKE, VIRGINIA Its: APPROVED TO FORM: Roanoke County Attorney CITY OF ROANOKE, VIRGINIA Its: APPROVED TO FORM: Roanoke City Attorney TOWN OF VINTON, VIRGINIA Title: Title: 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet Its: APPROVED TO FORM: Vinton Town Attorney CITY OF SALEM, VIRGINIA in Its: APPROVED TO FORM: Salem City Attorney 21 Title: in Title: Exhibit "A" AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE ROANOKE VALLEY RESOURCE AUTHORITY The Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton, the City Council of the City of Roanoke, and the City Council of the City of Salem have by concurrent resolution adopted the following Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority pursuant to the Virginia Water and Waste Authorities Act, Chapter 28, Title 15.2, sections 15.2-5100, et seq. of the Code of Virginia (1950), as amended, ("Act"): (1) The name of the Authority shall be the Roanoke Valley Resource Authority and the address of its principal office is 1020 Hollins Road, N.E., Roanoke, Virginia 24012. (2) The names of the participating political subdivisions are the County of Roanoke, Virginia; the City of Roanoke, Virginia; the Town of Vinton, Virginia; and the City of Salem, Virginia. The County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of Salem, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these Amended and Restated Articles of Incorporation shall not be further amended or changed without the express agreement of each of the governing bodies of each of the incorporating political subdivisions. Neither of the following actions shall be taken or permitted to occur by the Authority without the consent of the City of Roanoke and the County of Roanoke as expressed by the affirmative vote of all City and County representatives on the Authority: (a) Any change in the terms and conditions of design or operation of the Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the Roanoke City Planning Commission on June 5, 1991, and the Part A and Part B applications for the Transfer Station as approved by the Commonwealth of Virginia, or use by any persons or entities other than City of Roanoke, County of Roanoke, Town of Vinton, the City of Salem or any other local government entity, located wholly or partially within a sixty (60) mile radius of the Authority's property and under contractual obligation with the Authority to bring acceptable waste generated within said local government entity's jurisdiction to an Authority facility; (b) Any change in the terms and conditions of the design or operation of the Landfill located in Roanoke County as set forth in the special use permit and the Landfill Permit Conditions and Operating Policies, Action 62789-10 and Resolution 62789-12, each dated June 27, 1989, and the Part A and Part B applications for the Landfill as approved by the Commonwealth of Virginia. (c) Since the Landfill and Transfer Station are scarce and valuable resources, and because the participating political subdivisions have a common interest in insuring that the Landfill is used in the best possible and most efficient manner, the participating political subdivisions agree that Authority membership and operation and use of the Transfer Station and Landfill shall be governed by the terms and conditions of the Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use Agreement ("Use Agreement"), dated as of July 1, 2016, and as such Use Agreement may be further amended from time to time. 23 (3) The names, addresses, and initial terms of office of the members of the Board of the Roanoke Valley Resource Authority ("Authority") are as follows: Name Address Term Expires 1. Anne -Marie Green Roanoke County 12/31/2019 1216 Kessler Mill Road Salem, Virginia (Roanoke County) 2. Rebecca Owens Roanoke County 12/31/2018 P.O. Box 29800 Roanoke, Virginia 24018 (Roanoke County) 3. Keith Garman 8538 Bradshaw Road 12/31/2017 Salem, Virginia (Roanoke County) 4. Dennis Nalley 8301 Berrybrook Drive 12/31/2017 Salem, Virginia 24153 (Roanoke County) 5. Thomas C. Gates 5204 Bernard Drive 12/31/2019 Roanoke, Virginia 24018 (Roanoke County) 6. Michael Shockley City of Roanoke 12/31/2018 215 Church Avenue, SW Room 354 Roanoke, Virginia 24011 (Roanoke City) 7. Robert "Bobby" Edwards 3045 Poplar Lane 12/31/2019 Roanoke, Virginia 24014 (Roanoke City) 8. Joey Hiner Town of Vinton 12/31/2019 311 S. Pollard Street Vinton, Virginia 24179 (Town of Vinton) 9. Norman Michael Tyler* 114 N. Broad Street 12/31/2019 Salem, Virginia 24153 (City of Salem) 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet *The appointments for the 5th member position by Roanoke County and of Mr. Taylor by the City of Salem have not been determined as of the date of the advertisement of the public hearing on this resolution and these Articles will be conformed to the appointments made prior to the filing of these Articles with the State Corporation Commission in June 2016. All terms will end on December 31 in the last year of the appointed terms. This note will be removed from these Articles when they are filed with the State Corporation Commission. The terms of office of each of the members shall become effective on the date of issuance of a certificate of joinder for the Authority by the State Corporation Commission in accordance with Section 15.2-5112 of the Act and shall expire on the date indicated above. Upon expiration of the foregoing terms, the governing body of each participating political subdivision shall appoint the number of members, who may be members of the governing body, set forth opposite its name below: County of Roanoke — five City of Roanoke — two Town of Vinton — one City of Salem — one It being the intention of these Articles that the governing body of the County of Roanoke shall always appoint a majority of the members, whenever an additional political subdivision shall join the Authority, the governing body of the County of Roanoke shall be entitled to appoint one or more additional members in order to maintain such majority. After expiration of the terms set forth above, each member shall be appointed for a four-year term or until his successor is appointed and qualified. Any additional members appointed by the County of Roanoke to maintain its majority shall also be appointed for four-year terms. The governing body of each political 25 subdivision shall be empowered to remove at any time, without cause, any member appointed by it and appoint a successor member to fill the unexpired portion of the removed member's term. Each member may be reimbursed by the Authority for the amount of actual expenses incurred by him or her in the performance of his or her duties. (4) The purpose for which the Authority is to be formed is to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage, and maintain a garbage and refuse collection and disposal system and related facilities pursuant to the Act. For purposes of these Articles, and any contracts or documents entered into on behalf of the Authority, "garbage and refuse collection and disposal system and related facilities" shall mean the collection and disposal of garbage and refuse at and through one or more transfer facilities owned and operated by the Authority and the associated landfill or disposal operations and including the authority to engage in or provide for residential and/or commercial garbage and refuse collection services. The Authority shall contract with the County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of Salem to furnish garbage and refuse collection and disposal services upon identical terms and conditions including the same schedule of service rates, fees, and charges of all types which shall be uniformly applicable to all such political subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other political subdivisions to furnish garbage and trash disposal services upon such terms as the Authority shall determine. The Authority may contract to make host locality payments to Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton to compensate such localities in consideration of location of facilities within their communities and\or for their support of the Authority. It is not practicable to set forth herein information regarding preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates for proposed projects. 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet (5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town of Vinton, the City of Salem, and to the extent permitted by the Act and by the terms of these Articles and the Use Agreement, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to such contracts. (6) The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the participating political subdivisions. IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia, the Town Council of the Town of Vinton, the City Council of the City of Roanoke, Virginia, the City Council of the City of Salem, Virginia, and the Board of Directors of the Roanoke Valley Resource Authority have caused these Amended and Restated Articles of Incorporation to be executed in their respective names, and their respective seals have been affixed hereto and attested by the respective secretaries and/or clerks of each. ROANOKE VALLEY RESOURCE AUTHORITY 0 Name: Anne Marie Green Chair CITY OF ROANOKE, VIRGINIA Name: David A. Bowers Mayor Attest: (SEAL) Attest: Peggy Bishop, Secretary 27 (SEAL) Stephanie M. Moon Reynolds, City Clerk ROANOKE COUNTY, VIRGINIA IM Name: P. Jason Peters Chairman, Board of Supervisors Attest: CITY OF SALEM, VIRGINIA C Name: Byron R. Foley Mayor (SEAL) Attest: Deborah C. Jacks, Chief Deputy Clerk TOWN OF VINTON, VIRGINIA 0 Name: Bradley Grose Mayor Attest: (SEAL) Susan N. Johnson, Town Clerk [End of Form of Articles] (SEAL) James E. Taliferro, Clerk of Council 050916 Note: Exhibit B Equipment List and Land Description is Separate Spreadsheet Exhibit "B" [insert spreadsheet Exhibit "B"] 29 Exhibit "B" Asset # Item Serial # Capitalization Date Stationary Equipment 2973 Compactor No. 1 153060 1/31/2007 2982 Compactor No. 2 153061 1/31/2007 2975 40'60 -Ton Flat Top Truck Scale 836040HD1 1/31/2007 2976 60' 100 -ton Flat Top Truck Scale 8410060HD 1/31/2007 2974 Compuweigh Sys. Software NA 1/31/2007 2963 Gateway E -9515R Server 36751391 7/6/2006 2915 Corrugated Cardboard Baler 5E-504842-830 3/23/2006 Subtotal Rolling Equipment 08-07005 1989 John Deere 544 Wheel Loader DW544ED525242 7/29/2008 2966 1989 John Deere 544 Wheel Loader DW544EB517602 7/17/2006 2878 2006 Ottowa 30 Commando Switch Truck 314679 9/8/2006 2419 1999 Chev. K1500 Pickup Truck 1GCEK14V9XZ112863 12/3/1998 2140 2003 863G Bobcat Skid Steer Loader 514451115 1/1/1999 2703 1991 Mazda B26001 Pickup Truck JM2UF4143M0115203 8/29/1994 2964 2007 Bobcat S220K Skid Steer Loader w/60" Bucket 530712472 9/11/2006 2965 2007 Bobcat S220K Skid Steer Loader w/72" Sweeper 530712488 9/11/2006 15-10001 1993 Ottowa YT30 Shuttle Truck 4484800968767 10/15/2015 Subtotal 39-L001 Land - approx. 5 acres 6/30/1977 Note: Salem to retain out -parcel across the street; the total acreage subject to final survey Buildings and Site Work 39-B002 Windows & Doors 1/31/2007 39-8003 Fence 1/31/2007 39-8004 Parking Lots & Paving 1/31/2007 39-8005 Plumbing 1/31/2007 39-8006 Roofing 1/31/2007 39-8007 Buildings 1/31/2007 39-8008 Sprinkler System 1/31/2007 39-1001 Water System 1/31/2007 39-1002 Sanitary Sewer System 1/31/2007 39-1003 Storm Drain 1/31/2007 39-1004 Sidewalks 1/31/2007 39-1005 Retaining Wall 1/31/2007 39-1006 Landscaping 1/31/2007 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14, 2016 RESOLUTION AMENDING PERMIT CONDITIONS AND OPERATING POLICIES FOR THE ROANOKE VALLEY RESOURCE AUTHORITY BY CHANGING THE "LANDFILL USERS" SECTION LANGUAGE WHEREAS, the Board of Supervisors of Roanoke County ("the Board") granted a Special Exception Permit by Resolution 62789-12 for the location and operation of a solid waste facility on what is known as the "Smith Gap Site" located on the northwest side of Fort Lewis Mountain between Smith Gap and Bradshaw Road in the Catawba Magisterial District; WHEREAS, by separate action, Resolution 62789-10 the Board adopted Landfill "Permit Conditions and Operating Policies ("Conditions and Policies") on June 27, 1989, for the Smith Gap Solid Waste Disposal Facility; WHEREAS, the Board revised the Conditions and Policies dated October 22, 1992, as well as two minor revisions on February 24, 2009, July 12, 2011, and February 25, 2014, regarding the Operating Policies for the Host Community Improvement Fund; WHEREAS, the Board approved the Joinder of the City of Salem to the Roanoke Valley Resource Authority by Resolution on June 14, 2016, and also approved changes to the Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use Agreement ("Use Agreement") to reflect the addition of the City of Salem; and approved the execution of sufficient documents to accomplish this goal; and WHEREAS, the "Conditions and Policies" contain a section titled "LANDFILL USERS" with language that requires updating to conform to the newly amended Use Agreement. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Landfill, Rail and Transfer Station "Permit Conditions and Operating Policies" for the Roanoke Valley Resource Authority are hereby amended as follows: Existing Policy LANDFILL USERS The responsible Landfill Agency shall limit users of the Regional Landfill to qualifying residents and businesses of Roanoke County, Roanoke City, Vinton, Montgomery County and Salem. Private haulers will be allowed to use the landfill only if the refuse that is submitted originates from one of the municipalities previously mentioned and if they have applied for and obtained a dump permit from the Landfill Operator. Amended Policy LANDFILL USERS The responsible Landfill Agency shall limit users of the Regional Landfill to qualifying residents and businesses of Users, the Designated Haulers, and the Private Haulers, Contract Municipal Customers, and properly authorized persons and entities disposing of Acceptable Waste generated within their respective jurisdictions, and Emergency Temporary Users, all as specifically provided in Section 3.2, Use of Facilities in the Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use Agreement dated as of July 1, 2016, as amended. The Regional Landfill shall not be utilized by any other person or entity without the express prior consent of the responsible Landfill Agency Board and the Board of Supervisors. Reapeke Ge Rty, ReaReke Gityo Vin+nno A4bpt emeny ('eup4e and Colum- Driyiate hoa ilorc frAm GRP- r,f +h` X11-AiGipalities Feyie sly me.p� i�Tied ;-;Rd th y have applied fir A_.R91 G4h+aiRG91 a 91 MP Pormi+ frP1m +ho I ;-;Rdf011 QpeFa+r\r 2. That this policy amendment shall take effect immediately upon adoption. Page 2 of 2 ACTION NO. ITEM NO. E.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: June 14, 2016 Resolution approving Roanoke County's Secondary Roads System Six -Year Improvement Plan for fiscal years 2017- 2022 David Holladay Planning Administrator Thomas C. Gates County Administrator Discussion of the County's Secondary Roads Six -Year Improvement Plan. BACKGROUND: Each year the Board of Supervisors approves the County's Secondary Roads Six -Year Improvement Plan and the construction priority list for the upcoming fiscal year. The estimated allocations for the six-year plan is $1,982,293 with $311,805 allocated for fiscal year 2017. DISCUSSION: Roanoke County's Secondary Roadway Six -Year Improvement Plan includes the following components: Countywide Incidental Improvements ($50,000) Services included under this category include subdivision plan review, right-of-way engineering, preliminary engineering and surveys, traffic services, safety projects, minor drainage improvements, fertilization, and seeding. Rural Addition Program: The rural addition program is a program through which older private roadways meeting certain criteria are brought into the State Secondary Roadway System. This program has a balance of $186,126 for the addition of Harmony Page 1 of 2 Lane. No additional allocations to this program are proposed. Prioritized Projects: ($261,805): Prioritized projects are larger reconstruction projects for existing secondary roadways. In fiscal year 2016-2017, funding allocation for prioritized projects is recommended as follows Cotton Hill Road: $211,572 McVitty Road: $ 5,650 Moncap Trail: $ 44,853 District Grant - Unpaved ($81,606 beginning FY21): Beginning in fiscal year 2021, the Roanoke County's Secondary Roadway Six -Year Improvement Plan includes an estimated allocation of $81,606 in additional funding specifically for unpaved road funds. County and VDOT staff have evaluated a list of all remaining unpaved roads in Roanoke County, and identified four roads for potential projects. Staff assessed traffic volume and road conditions on Webb Road, Sugar Camp Creek Road, Ivy Ridge Road, and Berganblick Road along with other factors. Webb Road has a traffic count of 47 vehicles per day, Sugar Camp Creek Road has a traffic count of 40 vehicles per day, Ivy Ridge Road has a traffic count of 80 vehicles per day, and Berganblick Road has a traffic count of 50 vehicles per day. Of these four roads, staff recommends allocating these funds to Ivy Ridge Road, due to the number of homes served, vehicle trips per day, steep grade of the road, and financial feasibility of funding the project within three years. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommend that the Board of Supervisors adopt the resolution approving the Secondary Roads System Six -Year Improvement Plan for fiscal years 2017-2022 and the construction priority list and estimated allocations for fiscal year 2017. 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N ;~ LL c) 0 > c O N N O Ce O N= N O N a a > > O >. p a > :- > LO O %4- C; a � N } } O 0 j 0 O V V O 0 •� V UN U 0 ? � 0 .O N �O E ~ a L ._ c c 0 00 -G� > .� LOL V Li Ll Ll u u N 0 N V m 0 Cie N M O O N u LL U Cie C3 ,m Z) •— 0 0 N V m U a M N O L u LL U Cie v LL N o V) 0 a U o m Oev 0 0 10 V C�e U a M N O L O O U Cie v LL N L V) 0 vi U C� m C� 0 0 0 0 O 00 0 0 0 0 O N N 10 1010 LO r r- p• r } to tq t09- O O 11 11 00 I� I� 10 ■ a M N O N O O a a 0 Ea 0o o Oe U Cie v > V) U ; — m L O 00 of r o- O -o 10 N AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON JUNE 14, 2016 RESOLUTION APPROVING THE SECONDARY SIX-YEAR ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2017 THROUGH 2022 AND THE CONSTRUCTION PRIORITY LIST AND ESTIMATED ALLOCATIONS FOR FISCAL YEAR 2017 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 2017-2022 and Construction Priority List and Estimated Allocations for fiscal year 2017 was held on June 14, 2016, to receive comments and recommendations on Roanoke County's Secondary Six -Year Road Improvement Plan for fiscal years 2017-2022 as well as the Construction Priority List and Estimated Allocations for fiscal year 2017. 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 2017-2022; and BE IT FURTHER RESOLVED, that the Board of Supervisors does also hereby approve the Construction Priority List and Estimated Allocations for fiscal year 2017; 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 2017-2022 by the Clerk to the Board. Page 2 of 2 ACTION NO. ITEM NO. F_1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 14, 2016 AGENDA ITEM: Ordinance authorizing and approving execution of a lease agreement with the Roanoke County Schools for space located at 4850 Brambleton Avenue (on Cave Spring School Campus) to be used as a police substation known as the South County Substation SUBMITTED BY: Ruth Ellen Kuhnel County Attorney APPROVED BY: Thomas C. Gates County Administrator ISSUE: Ordinance authorizing an agreement between Roanoke County and the Roanoke County Public Schools for the lease of a facility to house the South County Police Substation. BACKGROUND: The Roanoke County Police Department desires to relocate its South County Police Substation from its existing modular structure located at 3330 Valley Forge Avenue to a building owned by the Roanoke County Schools located at 4850 Brambleton Avenue on the campus of Cave Spring Elementary and Middle School. The current South County Police Substation is a 960 square foot, double -wide modular style building that is approximately 45 years old. The structure was re -purposed as a Police substation. The current substation facility has exceeded its useful life and is in a deteriorated condition. Further, the existing 960 square foot space is insufficient to meet the operational needs of the Police Department. The overall structure of the building is in poor condition and a survey of the building has raised questions regarding the structural integrity of the foundation that would need to be explored if use of the facility is to continue. Page 1 of 3 Police Department and General Services staff have previously proposed relocation or renovation of the existing Police substation due to the poor condition of the facility. Funding constraints and the need to prioritize capital investments have not permitted the renovation/relocation of the substation to be included in the Capital Improvement Program. DISCUSSION: The proposed site for relocation of the Police Substation is a building of approximately 3,600 square feet comprised of approximately 1,800 square in finished space and 1,800 of unfinished storage space. The building was constructed in 1998. The facility is located on the campus of the Cave Spring Elementary and Middle School and offers both sufficient office space for Police Department operations as well as additional options for equipment storage for both the Police Department and other county departments. The Roanoke County Public Schools have determined they have no need for the facility in the foreseeable future and they have indicated their interest in having a Police substation located in close proximity to schools. Roanoke County Administration and Roanoke County School personnel have negotiated a thirty-year lease term for the facility with the first ten years guaranteed. In years eleven through thirty, either party may terminate the agreement with one year's notice. The proposed agreement includes an annual rental rate of $10.00 per year. Additionally, the County has agreed to maintain the facility during its term of occupancy. Roanoke County Schools will maintain the exterior grounds. Details are included in the attached lease terms. Utilization of this location provides a more cost effective opportunity to address the ongoing need for a South County Police substation at a lower new investment than would be required to remain in the current facility or relocate to a new facility. FISCAL IMPACT: An annual rental rate of $10 per year for the life of the agreement, costs associated with the relocation of operations to the new facility, and expenses associated with interior renovations necessary for use as a Police Substation. General Services has completed a thorough inspection of the facility has determined the building is in good condition. Ongoing facility maintenance costs required as part of the lease agreement will be provided through the County's capital maintenance project. Pending Board of Supervisors approval of the lease agreement, staff will develop a plan and cost estimates for relocation and minor interior renovations of the facility to accommodate Police operations. Staff is pursuing authority to utilize Forfeited Asset funds for relocation and up -fit costs. It is expected that no General Fund monies will be Page 2 of 3 required for these purposes. Relocation to the Cave Spring school site will avoid significant cost for the renovation and/or rehabilitation of the existing Police substation facility. Preliminary estimates for renovation of the existing facility at its current location are approximately $250,000 - $300,000, although staff does not recommend further investment in this facility. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance to approve the lease agreement with Roanoke County Public Schools and scheduling the second reading for June 28, 2016. Page 3 of 3 LEASE This LEASE AGREEMENT, made and entered into this day of 2016, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY (hereinafter referred to as "County"), and the SCHOOL BOARD OF ROANOKE COUNTY, (hereinafter referred to as "School Board"). WITNESSETH: That for and in consideration of these mutual covenants and conditions, the School Board Leases to the County and the County accepts and hires from the School Board, the below described premises on the following terms and conditions: 1. The School Board agrees to Lease to the County, in accordance with the terms and conditions set forth in this Lease agreement, certain real property situated at 4850 Brambleton Avenue Drive in Roanoke County Virginia, 24018, more commonly referred to as the Janus Learning Center. The property is more particularly described as follows and hereinafter collectively referred to as the "Premises", to -wit: a building located at 4850 Brambleton Avenue on the parcel identified as Roanoke County Tax Map Number 086.12-02-18.00-0000, located in the Cave Spring Magisterial District, the adjacent parking lot, which contains thirteen parking spaces, and grounds for said building. 2. The term of this Lease shall be for a period of thirty years, said term commencing 1 July 2016 and continuing until 30 June 2046. However, after 1 July 2026, either party may terminate the Lease by providing written notice to the other party one year prior to the anticipated termination. 3. The County shall pay as rent the sum of Ten Dollars per year for the term of the Lease with the School Board. 4. County has had the opportunity to have the Premises inspected by an architect and an engineer, and the County accepts and acknowledges receipt of the Premises as of the commencement date of this Lease in "as -is" condition. 5. The School Board makes no representation regarding the present or future usability of the site for the County's intended purposes. Any governmental permits, licenses, or authorization necessary to use the premises for the County's purposes must be obtained by the County at the County's sole cost and expense. 6. During the term of this Lease, the School Board shall maintain the surrounding property and the parking lot of the Premises, to include mowing and snow removal. The County shall be responsible for all other maintenance and landscaping of the building and grounds that constitute the Premises. Page 1 of 4 7. It is understood and agreed by the parties that the Premises shall, during the term of this Lease, be used for a Roanoke County Police Department auxiliary district station. In order to achieve this intended use, the County may renovate, construct, or otherwise modify the building, at County's sole expense, for optimal use as a law enforcement auxiliary district station. Upon expiration of this Lease or abandonment of this property by the County, whichever shall occur later, the County will surrender the Premises in good condition, free of trash. All of the County's equipment placed on the premises shall remain personal property of the County, notwithstanding the fact that it might otherwise be deemed fixtures. Should the County decide to transfer ownership of any of the property to the School Board at the expiration of this Lease, the County shall do so in the manner prescribed by the Code of Virginia and the Roanoke County Code. 8. If, during the term of this lease, the Leased premises are damaged by fire, flood, windstorm, strikes, riots, acts of public enemy, acts of God, or other casualty, so that the same are rendered wholly unfit for human occupancy, then the County may terminate this lease as of the date of such damage. In such case, the County shall immediately surrender the Leased Premises to School Board, who may enter upon and repossess the same and the County shall be relieved from further liability hereunder. Following such surrender, all insurance or other indemnification obligations of the County for the benefit of the School Board shall be null and void. 9. The County agrees that it shall maintain adequate insurance coverage for any and all claims or losses of any kind that may arise during the term of this Lease. The County shall maintain property insurance with regard to the real property that forms the curtilage for the building at issue in this Lease. The County shall maintain business personal property insurance on the contents, both owned and in its care, custody, and control, and shall hold the School Board harmless against any and all liabilities, claims, demands, actions, costs, and expenses of any kind and nature whatsoever, which may be sustained by County by reason of County's occupancy of the premises. The County assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the property Leased, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Agreement. The County shall maintain Comprehensive General Liability insurance against any and all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the Agreement or in connection with the Leased premises. The County shall provide copies of the applicable Certificates of Insurance to the School Board and shall name the School Board as an additional insured on all applicable policies of insurance for the building at issue in this Lease. Page 2 of 4 10. Any notice to the parties may be given to the following addresses and shall be effective upon deposit in the U. S. Postal system, certified mail with sufficient postage affixed: School Board Roanoke County School Board 5937 Cove Road Roanoke, VA24019 County Board of Supervisors of Roanoke County 1206 Kessler Mill Road Salem, VA 24153 With a copy to: Roanoke County Attorney Roanoke County Administration Center P. O. Box 29800 Roanoke, VA 24018 11. (a) The County's obligation to pay is subject to annual appropriations being made for such purpose by the governing body of the County of Roanoke. The County will perform all acts lawfully within its power to obtain and maintain funds from which payments hereunder may be made, including making requests for appropriations for such payments to the extent necessary in each fiscal year or annual budgets submitted for the purpose of obtaining funding, and will do no act or make any statement that will cause the disapproval of the appropriation. (b) Any other provision of this Lease to the contrary, notwithstanding this agreement, shall not constitute a debt of the County within the meaning of any limitation on indebtedness of the County under the Constitution or laws of the Commonwealth of Virginia, including the Charter of Roanoke County, Virginia. Failure of the Board of Supervisors of Roanoke County, Virginia to appropriate funds in any year for payment in full of the payments required herein, or any other provision of this Lease during such year, shall terminate this Lease and render this Lease null and void without further liability on the part of the County of any kind whatsoever, except for its obligation to surrender possession of same to the School Board if, prior to or at such time of non - appropriation, funds are not or have not been appropriated or are not available for the purchase, Lease or rental of premises to perform a like function as the premises described herein. 12. This Agreement represents the entire understanding between the parties and may not be modified or changed except by written instrument executed by the parties. 13. This Agreement shall be executed in duplicate, each of which shall constitute an original. Page 3 of 4 14. Thomas C. Gates, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance and approval by the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. adopted by said Board of Supervisors on the _ day of June, 2016. WITNESS the following signatures and seals: Approved as to form: Ruth Ellen Kuhnel County Attorney Commonwealth of Virginia, County of Roanoke, to -wit: SCHOOL BOARD OF ROANOKE COUNTY By (SEAL) BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA (SEAL) Thomas C. Gates County Administrator The foregoing instrument was acknowledged before me this , 2016, by County School Board of Roanoke County. Notary Public My commission expires: Commonwealth of Virginia, County of Roanoke, to -wit: The foregoing instrument was acknowledged before me this _ , 2016, by Thomas C. Gates, County behalf of the Board of Supervisors of Roanoke County, Virginia. My commission expires: Notary Public Page 4 of 4 day of on behalf of the day of Administrator, on AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 14, 2016 ORDINANCE AUTHORIZING AND APPROVING EXECUTION OF A LEASE AGREEMENT WITH THE ROANOKE COUNTY SCHOOLS FOR SPACE LOCATED AT 4850 BRAMBLETON AVENUE (ON CAVE SPRING SCHOOL CAMPUS) TO BE USED AS A POLICE SUBSTATION KNOWN AS THE SOUTH COUNTY SUBSTATION WHEREAS, the Roanoke County Police Department ("RCPD") desires to relocate its South County Police Substation from its existing modular structure located at 3330 Valley Forge Avenue to a building owned by the Roanoke County Schools ("RCS") formerly known as the Janus Learning Center located on the Cave Spring School Campus; and WHEREAS, in conjunction with Roanoke County's General Services Department, the RCPD, has determined that the current structure no longer meets the needs of the substation and that significant costs would be required to either replace or retrofit the existing 960 square foot, double -wide modular style building to accommodate a current space need of 1,800 square feet; and WHEREAS, on June 9, 2016, the Roanoke County School Board voted to approve a new lease with Roanoke County since the RCS has no need for the space and the former tenant has vacated the building; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on June 14, 2016, and the second reading was held on June 28, 2016. Page 1 of 2 THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The lease of the building and grounds located at 4850 Brambleton Avenue (known as the former "Janus Learning Center building") as well as the adjacent parking lot consisting of approximately thirteen parking spaces for a term of one (1) initial ten year term, with two (2), ten year options, beginning July 1, 2016, for a rate of ten dollars ($10) per year. 2. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 ACTION NO. ITEM NO. F_2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 14, 2016 AGENDA ITEM: Ordinance amending Article I (General Provisions), Article II (Definitions and Use Types), Article III (District Regulations), Article IV (Use and Design Standards) and Article V (Development Standards of the Roanoke County Zoning Ordinance) SUBMITTED BY: APPROVED BY: ISSUE: Philip Thompson Deputy Director of Planning Thomas C. Gates County Administrator First reading of an ordinance to amend the Roanoke County Zoning Ordinance. BACKGROUND: Community Development staff continually works with the Planning Commission on reviewing the County's development regulations and recommending amendments when appropriate. The proposed amendments contained within this Ordinance represent regular and routine updates to the Zoning Ordinance to ensure effectiveness, efficiency and compatibility with State laws. DISCUSSION: Amendments are proposed for all five articles of the Roanoke County Zoning Ordinance. Amendments to Article I (General Provisions) include changes to the powers and duties of the Board of Zoning Appeals to be consistent with state law. The amendments proposed for Article II (Definitions and Use Types) amend the definition for residential chicken keeping to be consistent with changes the Board of Supervisors approved last fall in the Animal & Fowl Chapter of the County Code. The definition for variance would also be amended to be consistent with state law. New Page 1 of 2 definitions would be added for bed and breakfast inn, country inn, and special events facility as these are new uses being proposed in the Zoning Ordinance. Changes to Article III (District Regulations) include allowing detached single family homes to utilize the zero lot line option as a by -right use in the AR, Agricultural/Residential District. Article III would also be amended to allow bed and breakfast inn, country inn, and special events facility as a special use in the AG -3, Agricultural/Rural Preserve District, AG -1, Agricultural/Rural Low Density District, and the AV, Agricultural/Village Center District. These are all new uses that currently do not exist in the Zoning Ordinance and they expand the lodging and hospitality possibilities in the County. With the additions mentioned in Article III, Use and Design standards (Article IV) would be amended or added for single family dwelling, detached with zero lot line option, bed and breakfast inn, country inn, and special events facility. Additional standards have been developed for business or trade schools. Article V (Development Standards) changes would remove Maximum Off -Street Parking standards which are inconsistent with changes made to Stormwater Management regulations. Amendments would also be made to the Bicycle Parking Standards to make them optional versus mandatory. The Planning Commission held a public hearing on these amendments on June 7, 2016. No citizens spoke on this issue during the public hearing. The Planning Commission recommended approval of the proposed amendments. FISCAL IMPACT: ►C•7iLa STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the first reading of the ordinance to amend the Roanoke County Zoning Ordinance and schedule the public hearing and second reading for June 28, 2016. 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 14, 2016 ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS), ARTICLE II (DEFINITIONS AND USE TYPES), ARTICLE III (DISTRICT REGULATIONS), ARTICLE IV (USE AND DESIGN STANDARDS), AND ARTICLE V (DEVELOPMENT STANDARDS) OF THE ROANOKE COUNTY ZONING ORDINANCE WHEREAS, the Planning Commission and Community Development staff have identified multiple areas of the Zoning Ordinance in need of updating that have resulted in the proposal of amendments to the Roanoke County Zoning Ordinance; and WHEREAS, on June 7, 2016, after proper notice, the Roanoke County Planning Commission held a public hearing on various amendments to the Zoning Ordinance and recommended said amendments to the Board of Supervisors for adoption; and WHEREAS, public necessity, convenience, general welfare, and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and WHEREAS, the first reading of this ordinance was held on June 14, 2016, and the second reading and public hearing was held on June 28, 2016. NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of Supervisors as follows: 1. The Roanoke County Zoning Ordinance is hereby amended to read and provide as follows: Page 1 of 11 Note: Text additions are in red font. Text deletions are in red font and are struck through ARTICLE I — GENERAL PROVISIONS SEC. 30-24. BOARD OF ZONING APPEALS. Sec. 30-24-1. Powers and Duties. Notwithstanding any other provision of law, general or special, to grant upon appeal or original application in specific cases a variance as defined in § 15.2- 2201, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the standard for a variance as defined in § 15.2-2201 and the criteria set out in this section. Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, and: 1 �}im�f the fthiss nFdinanGe er where by roGscn Gr eXGepti^ tf9+�S Eth}!-r p�/}r�nrrlin.�ni crit �+ircrv'n--vT GA-Adi"it Gf nrnnpF}jS}rin} appliGatiGR�7� hj nrrlinonno min14 effer-}iyely pFehihi} nr 6inrea69Rably reo}rir-} the --se of the pFepeFty, nr• 0 0 � The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance - 2. Q, ie en} of immediately .�djaGen} Qc� tib-�S♦ti��ti8•�-� eVcTr-v�--rrrn�-rccrrcrccTy--cra�•crccrrc pfvpe�y�&tFiG & AfthHc nrrdinonr-e mini ilrl offer-}iyely nrnhihi} "� l , � av-v-arc�crrcccry nr 6 inreaonn. bly reo}rir-} the i ise of the PrnPe Ft y0 nr• 0 The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; 3. Th.R} ran g of ZiaAriaAnr-e Yeiill SII }e r-leaFly d nno}r.�hle -r-r•rcr� �n�-rti•��c�--vr o-arrc�-rrc�a•v-m--crrte�cc—cTcrc-a�-r�cre�i•vrrrcrcr�rrc horrlchin aS dic�ni SHSfrom a cneGial nri�iilege nr r-nn�iei cni 1gh} rru.-a�n-�r,-a�--a-ia �-arsn ccr-n-vm--cr�� �rar-�-rcTrcg�vr�vr-ry by the appliGaRt Page 2 of 11 Note: Text additions are in red font. Text deletions are in red font and are struck through The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; 4. The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and 5. The relief or remedy sought by the variance application is not available through a special use permit process that is authorized in this ordinance at the time of the filing of the variance application. No variance request shall be eyal considered by the BZA until after notice and hearing as provided by section 15.2-2204 of the Code of Virginia, as amended. In addition, posting of the property shall be required as provided for in section 30-14-3 of this ordinance. In granting a variance, the BZA may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. Sec. 30-24-5. Certiorari to Review Decision of BZA. - hearing,- the rut-4urt that testilm.GRY iS RGGessary- may reverse or affirm, wholly or in part, or may modify the decision brought up for ARTICLE II — DEFINITIONS AND USE TYPES SEC. 30-28. DEFINITIONS. Page 3 of 11 Note: Text additions are in red font. Text deletions are in red font and are struck through (C) For the purposes of this ordinance, the words and phrases listed below in this section shall have the meanings described below. Residential chicken keeping: The keeping of up to civ (6) female chickens (hens) in non -agriculturally zoned areas as an accessory use to a single family residence is subject to the standards set out in chapter 5, animals and fowl, section 5-38—standards for residential chicken keeping. Variance: T^Tr 'c dleviafi/1n rth eg6ilatiR size of of Iand GF the k firm AfA 191 ici191i'Ag GF GtF61Gt61. T t seGnf�nn 15 z-2291 ef. the Cede of Virginia, as amend In the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning. SEC. 30-29. USE TYPES; GENERALLY. Sec. 30-29-5. Commercial Use Types. Bed and breakfast inn: A single family dwelling, or portion thereof, where short- term lodging is provided for compensation to transient guests only. The operator may or may not live on the premises. Meals may be provided to guests only. Up to fifteen (15) guest rooms may be provided. Country inn: A business which offers accommodations and dining in a rural area. Overnight lodging of up to thirty (30) rooms is available and a full-service restaurant may provide meals to guests and the general public. Special events facility: A place, structure, or other facility used for the assembly of or intention of attracting people for cultural, ceremonial, celebratory purposes or civic clubs for which there is a leasing fee. Such assembly includes, but is not limited to, anniversary and birthday celebrations, reunions, weddings, and receptions. Music concerts or festivals as a primary use shall be considered an outdoor gathering. ARTICLE III – DISTRICT REGULATIONS SEC. 30-32. AG -3 AGRICULTURAL/RURAL PRESERVE DISTRICT. Sec. 30-32-2. Permitted Uses. Page 4 of 11 Note: Text additions are in red font. Text deletions are in red font and are struck through (B) The following uses are allowed only by special use permit pursuant to section 30- 19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Commercial Uses Bed and Breakfast Inn * Country Inn * Special Events Facility * SEC. 30-33. AG -1 AGRICULTURAL/RURAL LOW DENSITY DISTRICT. Sec. 30-33-2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30- 19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Commercial Uses Bed and Breakfast Inn * Country Inn * Special Events Facility * SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT. Sec. 30-34-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 2. Residential Uses Single Family Dwelling, Detached (Zero Lot Line Option) * SEC. 30-36. AV AGRICULTURAL/VILLAGE CENTER DISTRICT. Sec. 30-36-2. Permitted Uses. Page 5 of 11 Note: Text additions are in red font. Text deletions are in red font and are struck through (B) The following uses are allowed only by special use permit pursuant to section 30- 19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Commercial Uses Bed and Breakfast Inn * Country Inn * Special Events Facility * SEC. 30-53. C-1 LOW INTENSITY COMMERCIAL DISTRICT. Sec. 30-53-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Commercial Uses Business or Trade Schools SEC. 30-54. C-2 HIGH INTENSITY COMMERCIAL DISTRICT. Sec. 30-54-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Commercial Uses Business or Trade Schools SEC. 30-61. 1-1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30-61-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. Page 6 of 11 Note: Text additions are in red font. Text deletions are in red font and are struck through 4. Commercial Uses Business or Trade Schools " SEC. 30-62. 1-2 HIGH INTENSITY INDUSTRIAL DISTRICT. Sec. 30-62-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Commercial Uses Business or Trade Schools ARTICLE IV — USE AND DESIGN STANDARDS SEC. 30-80. USE AND DESIGN STANDARDS. SEC. 30-82. RESIDENTIAL USES. Sec. 30-82-12. Single Family, Detached (Zero Lot Line Option). (B) In the . R-1, R-2, R-3 or R-4 districts, within a common development, one interior yard may be equal to zero for single family detached dwellings, subject to the following additional criteria: in AR. 3. Minimum side yard opposite the zero yard: Ten (10) feet: fifteen (15) feet 4. Maximum building coverage: Forty (40) percent; twenty-five (25) percent in AR. SEC. 30-85. COMMERCIAL USES. Sec. 30-85-8.1. Bed and Breakfast Inn. (A) General Standards: 1. The owner or manager shall provide full-time management of the establishment at all times when the facility is occupied by one (1) or more guests. Page 7 of 11 Note: Text additions are in red font. Text deletions are in red font and are struck through 2. The establishment shall not contain restaurant facilities, but may provide meal service for transient, overnight guests only. 3. Up to fifteen (15) guestrooms may be provided for paying guests. 4. Outdoor events such as weddings, receptions, and similar activities may be conducted as accessory uses. 5. The establishment shall front on a public road and the site shall have direct access from the public road. Sec. 30-85-8.6. Business or Trade Schools. (A) General Standards: 1. A permanent structure shall be required on site for classroom type training. 2. A Special Use Permit shall be required for any outdoor training component associated with this use. Sec. 30-85-13.1. Country Inn. (A) General Standards: 1. The owner or manager shall provide full-time management of the establishment at all times when the facility is occupied by one (1) or more guests. 2. The establishment may contain restaurant facilities that provide meal service to overnight guests and the general public. 3. Up to thirty (30) guestrooms may be provided for paying guests. 4. Outdoor events such as weddings, receptions, and similar activities may be conducted as accessory uses. 5. The establishment shall front on a public road and the site shall have direct access from the public road. Sec. 30-85-24.6. Special Events Facility. (A) General Standards: 1. The site shall front directly on and have direct access to a publicly owned and maintained street. Page 8 of 11 Note: Text additions are in red font. Text deletions are in red font and are struck through 2. When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type. ARTICLE V — DEVELOPMENT STANDARDS SEC. 30-91. OFF STREET PARKING, STACKING AND LOADING. Sec. 30-91-3. Number of Parking Spaces Required. Innrooco in minlm�l I ond6GaPed Aar-lir+no I onrlcnaped islands _. UP te and 1004 Contain Sma40 rloni�lllnllS trees Planted eyeFy 20 linear foot �Z ('nm Prosed- of at load 'I Q0% hinratantinn Planting iSlanrlS in CteFmwateF Ma;Ragomont I eSlgn e NIAP ('nntain Z Small Shn IhS in �rlrlitign tg rogl IiromontS of SeGtinn�i 2-h— Innrooco in minlm�l I ond6GaPed Aar-lir+no I onrlcnaped islands Parking GlrfaGe UP te and 1004 Contain Sma40 rloni�lllnllS trees Planted eyeFy 20 linear foot �Z ('nm Prosed- of at load 'I Q0% hinratantinn Planting iSlanrlS in CteFmwateF Ma;Ragomont I eSlgn e NIAP ('nntain Z Small Shn IhS in �rlrlitign tg rogl IiromontS of SeGtinn�i 2-h— OveF 1-004 Required every (`nmPrmsed- of at IoaSt nthaY PaYLing aiGla 2004hinretantinn Planting iSlanr '; in 1 steFmwateF Page 9 of 11 Note: Text additions are in red font. Text deletions are in red font and are struck through Sec. 30-91-5. Alternative Modes of Transportation. Sec. 30-91-5.1. Bicycle Parking Standards. (A) In lots with greater than fifty (50) spaces, a minimum of one (1) bicycle parking space &4a4 may be provided on-site for each twenty (20) off-street automobile parking spaces. (D) When bicycle parking is required shown on a parking plan, there shall be a minimum of two (2) spaces provided but not more than twenty (20) bicycle spaces provided will be Fowl lire d at a single site. (E) For every four (4) bicycle parking space provided above the minimum requirement, the number of impervious vehicular parking spaces required by Section 29-94-3-2 30-91-3.3 may be reduced by one (1). The number of impervious vehicular parking spaces shall not be reduced by an amount exceeding five (5) percent. (F) If the vehicular parking area is lighted, the required bicycle parking shall also be lighted. (G) Bicycle parking shall be located Within fi#Y tin) foot in the general proximity of an entrance to the building or within a building if the location is easily accessible for bicycles and shall comply with the design standards set forth in Roanoke County's Design Handbook. Page 10 of 11 Note: Text additions are in red font. Text deletions are in red font and are struck through 2. That this ordinance shall be in full force and effect from and after its adoption. Page 11 of 11 Note: Text additions are in red font. Text deletions are in red font and are struck through ACTION NO. ITEM NO. F_3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 14, 2016 AGENDA ITEM: Ordinance to appropriate funds in the amount of $800,000 from the Commonwealth of Virginia to the Department of Social Services General Fund budget for fiscal year 2015- 2016 SUBMITTED BY: Christopher Bever Director of Management and Budget APPROVED BY: Thomas C. Gates County Administrator ISSUE: Appropriation of $800,000 to the Department of Social Services for reimbursable expenditures incurred in mandated foster care and adoption subsidy programs. BACKGROUND: As part of the annual budget process, revenue estimates are made regarding state and federal revenues budgeted in the County's General Fund for expenditures associated with reimbursable foster care and adoption subsidy programs. Over the last several years, program demand and costs have exceeded budget estimates of revenues and expenditures. In an attempt to reduce mid -year appropriations, the Department of Social Services budgeted an additional $1.1 million in the approved fiscal year 2016 budget. However, with the significant increases in the number of children served through foster care or adoption subsidies, an additional fiscal year 2016 appropriation of $800,000 is required. DISCUSSION: The appropriation of additional revenue is associated with two (2) Department of Social Services programs, Title IV -E foster care and State and Federal adoption subsidy payments. Page 1 of 2 For foster children found to be eligible, Title IV -E funds are used to provide for the expenses of maintaining children in a foster home environment. The incidence of children in foster homes is increasing and as a result the number of children who receive Title IV -E foster care funding has increased. For, fiscal year 2016 the number of children receiving Title IV -E is 35% more than in fiscal year 2014. If a foster child cannot be returned home or placed with family or friends, an effort is made to find them a permanent home, preferably through adoption. Adoption subsidies are available for families who adopt children with special needs. Similar to County experience with the Title IV -E program, the number of families receiving adoption subsidies is also increasing. In fiscal year 2016, the number of children receiving federal adoption subsidies is 28% higher than in 2014. Despite increases, Roanoke County continues to experience one of the best adoption rates in the state. For fiscal year 2014, the County ranked 19th in the state out of 134 localities in the number of children adopted. For fiscal year 2015, only Fairfax County had more adoptions than Roanoke County. FISCAL IMPACT: The assistance programs funded by this appropriation are federally mandated and fully funded by federal pass-through and state funds. Failure to appropriate funds for the assistance programs would require the County to fund these services with local funds. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling second reading on June 28, 2016. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14, 2016 ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $800,000 FROM THE COMMONWEALTH OF VIRGINIA TO THE DEPARTMENT OF SOCIAL SERVICES GENERAL FUND BUDGET FOR FISCAL YEAR 2015- 2016. WHEREAS, The Department of Social Services receives, throughout the year, additional funding for public assistance programs and services delivery; and WHEREAS, for fiscal year 2015-2016 the Department of Social Services is anticipated to receive $800,000 in additional funding for foster care and adoption subsidies to offset expenditures incurred by Roanoke County for delivering these services; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on June 14, 2016, and the second reading was held on June 28, 2016. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. That the sum of $800,000 is hereby appropriated from the Commonwealth of Virginia to the Department of Social Services budget for fiscal year 2015-2016 for assistance programs; and 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 1 ACTION NO. ITEM NO. F.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: June 14, 2016 Ordinance accepting and appropriating funds in the amount of $10,000 from the Virginia Commission for the Arts (VCA) for the Local Government Challenge Grant for fiscal years 2014-2015 and 2015-2016 Christopher Bever Director of Management and Budget APPROVED BY: Thomas C. Gates County Administrator ISSUE: Appropriation of $10,000 received in fiscal years 2014-2015 and 2015-2016 from the Virginia Commission for the Arts (VCA) for the Local Government Challenge Grant. BACKGROUND: The Local Government Challenge Grant program was developed by the VCA to encourage local governments to support the arts. The VCA will match up to $5,000 of any donation the County makes to qualified art organizations in the Roanoke Valley. Roanoke County has been a recipient of this grant since 2001. This appropriation of $10,000 includes both fiscal year 2014-2015 and 2015-2016 awards. The award from the Local Government Challenge Grant was received by the County in fiscal year 2014-2015. However, it was determined by County staff that the award was not appropriated by the Board of Supervisors, and the award funds were not distributed to the eligible agencies. This ordinance formally appropriates the award funds received in both fiscal year 2014-2015 and 2015-2016. DISCUSSION: The organizations identified by the County as meeting the qualifications for the award in both fiscal years 2014-2015 and 2015-2016 include: the O. Winston Link Museum, Mill Page 1 of 2 Mountain Theatre, and the Roanoke Symphony Orchestra. In both the fiscal year 2014- 2015 and 2015-2016 budgets, the Board of Supervisors approved an appropriation of $4,200 for the Historical Society of Western VA - O. Winston Link Museum, $1,200 for Mill Mountain Theatre, and $3,700 for the Roanoke Symphony Orchestra. Staff, therefore, applied for the maximum grant allocation of $5,000 and was awarded the full amount for both fiscal years. The required County match was appropriated by the Board of Supervisors as part of the adoption of the annual budget ordinance for both fiscal years, and the County funds have been distributed to the organizations. The table below provides details on the County appropriations already distributed and VCA grant awards to be distributed for each fiscal year. Organization FY 2014-2015 FY 2014-2015 FY 2015-2016 FY 2015-2016 County VCA Grant County VCA Grant Budget Award Budget Award O. Winston Link $4,200 $1,667 $4,200 $1,667 Museum / Historical Society of Western VA Mill Mountain $1,200 $1,666 $1,200 $1,667 Theater Roanoke $3,700 $1,667 $3,700 $1,666 Symphony Orchestra FISCAL IMPACT: The required County match for the awards was included as part of the annual budget ordinances approved by the Board of Supervisors. There is no additional fiscal impact to the County with the appropriation of these awards from the VCA. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling second reading on June 28, 2016. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14, 2016 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $10,000 FROM THE VIRGINIA COMMISSION FOR THE ARTS (VCA) FOR THE LOCAL GOVERNMENT CHALLENGE GRANT FOR FISCAL YEARS 2014-2015 AND 2015-2016 WHEREAS, Roanoke County applied for and was awarded a Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000 for both fiscal year 2014-2015 and fiscal year 2015-2016; and WHEREAS, the Local Government Challenge Grant is awarded for the purpose of supporting Roanoke Valley arts organizations; and WHEREAS, the Board of Supervisors, through the annual budget appropriation ordinances in fiscal year 2014-2015 and fiscal year 2015-2016 has provided the required County match for the Local Government Challenge Grant; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on June 14, 2016, and the second reading was held on June 28, 2016. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. That the sum of $10,000 is hereby appropriated from the Virginia Commission for the Arts from the Local Government Challenge Grant to Roanoke County for the purpose of supporting Roanoke Valley arts agencies; and 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 1 ACTION NO. ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: June 14, 2016 Ordinance accepting and appropriating funds in the amount of $14,000 to the Roanoke County Public Schools from the Virginia Department of Education for Science, Technology, Engineering and Math Recruitment and Retention Incentive Awards Rebecca Owens Director of Finance Thomas C. Gates County Administrator Appropriation of $14,000 received by The Roanoke County Public Schools from the Virginia Department of Education (VDOE) for Science, Technology, Engineering and Math (STEM) Recruitment and Retention Incentive Awards. BACKGROUND: The STEM Recruitment and Retention Incentive Award program seeks to attract, recruit and retain high-quality individuals to teach STEM subjects in Virginia's middle and high schools. The program provides monetary incentive awards to teachers who meet specific criteria and are employed in a Virginia public school. DISCUSSION: Roanoke County Public Schools have fourteen teachers that have been selected as recipients of the STEM grant award from the VDOE. Each teacher will receive a $1,000 payment which is taxable. The school division assumes responsibility for ensuring all taxes are remitted. There have been no changes since the first reading on May 24, 2016. Page 1 of 2 FISCAL IMPACT: The Virginia Department of Education will provide one hundred percent (100%) funding for the incentives. No matching funds are required. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. 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 14, 2016 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $14,000 TO ROANOKE COUNTY PUBLIC SCHOOLS FROM THE VIRGINIA DEPARTMENT OF EDUCATION FOR SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH RECRUITMENT AND RETENTION INCENTIVE AWARDS WHEREAS, the Virginia Department of Education provides funds to award incentives to teachers who receive a satisfactory evaluation and teaches a qualifying Science, Technology, Engineering, and Math (STEM) subject in which they have an endorsement in the same Virginia school division following the year in which the teacher received the initial award; and WHEREAS, fourteen teachers in the Roanoke County Public Schools have been selected to receive the $1,000 incentive for meeting the specified criteria; and WHEREAS, the incentive is taxable to the recipient and the school division assumes responsibility for ensuring all taxes are remitted; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on May 24, 2016, and the second reading was held on June 14, 2016. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. That the sum of $14,000 is hereby appropriated to the Roanoke County Public Schools; and Page 1 of 2 That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 ACTION NO. ITEM NO. G.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: ISSUE: June 14, 2016 Ordinance authorizing the vacation of a 0.014 acre portion of a right-of-way shown as Dawn Marie Court on the plat of Section No. 1, Hanging Rock Estates, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia in Plat Book 18, Page 156 and located in the Catawba Magisterial District Arnold Covey Director of Community Development Thomas C. Gates County Administrator Vacation of a 0.014 acre portion of a right-of-way known as Dawn Marie Court shown on the plat of Section 1, Hanging Rock Estates. BACKGROUND: BGGT, LLC (Lot 44 Section No. 1, Hanging Rock Estates; Tax Map No. 035.04-04- 45.00-0000) and Graham -Thomas, LLC (Tax Map No. 035.04-02-33.00-0000) wish to re -subdivide their properties to create two (2) additional lots at the end of Dawn Marie Court. It is necessary to acquire the 0.014 acre portion of dedicated Dawn Marie Court to provide the required road frontage of 30' on the cul-de-sac bulb for the other two (2) lots. Currently Dawn Marie Court is not in the Virginia Department of Transportation (VDOT) Secondary Road System, however, BGGT, LLC has agreed to take the necessary steps to get the entire road into the system. DISCUSSION: Dawn Marie Court was platted and built to the adjacent 32.99 acres of land for future development. However, Graham -Thomas, LLC the current property owner of the 32.99 acres has determined that due to the topography, the extensive grading required, the Page 1 of 2 stream and wetlands mitigation and the resulting low lot count, it is not economically feasible to extend Dawn Marie Court. The first reading and public hearing of this ordinance was held on May 24, 2016. FISCAL IMPACT: The costs and expenses associated shall be the responsibility of BGGT, LLC. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Page 2 of 2 CAR ETot4 gR►NE Lot 46 Edgar A. Wade & Eve A Worthington T.M. 1035.04-04-47.00-0000 Lot 45 Miller Miok T.M. 1035.04-04-46.00-0000 EX. R.O.W. UNE TO REMAIN UNE 7ABLE LINE BEAR/NGl TAN L1 N81 -22 -00 -El 52.79 L2 NO6'1718 y 52.79 L3 N06'1718 18.55 1� Lot 43 Gory Avis T.M. 1035.04-04-44.00-0000 Ex. house currently under construction Existing 111—curl–de–sac WSW t�� EX. R.O.W. UNE TO REMAIN Lot 44 BGGT, LLC 1035.04-04-45.00-0000 EXISTING LOT = 0.531 AC. R.D.W. VACATION = 0.014 AC NEW LOT = 0.545 AC. APPROX. 589 S.F. OF EX. R.O.W. TO BE VACATED AND REVERT TO LOT 44 T.M. 1035.04-02-33.00-0000 Graham–Thomas, LLC Approx. location of ex. watercourse Lot 42 BGGT, LLC 1035.04-04-43. 00-0000 h m Approx. location of ex. watercourse PL1 H OF JOHN R. McADEN D Lic. No.002002 0 �y j;No SUR`I�l GRAPHIC SCALE 0 30 60 120 DATE: CURVE'ABLE 1" = 60' CURIE R40/US ARC LENGTH CHORD BEAR/NG CHORD LENGTH DELTA ANG AN N Cl 55 00 84.14' N3T3221 E 76.17 8T39 16 52.79 C2 55.00 49.26 N3156 50 47.63 51'19 04 26.42 C3 25.00 22.39 N3156 50 21.65 51'19 04 12.01 GRAPHIC SCALE 0 30 60 120 DATE: 4/21/2016 SCALE: 1" = 60' JOB NO: 04150022.00 DRAWN BY: CPB **NOTE: EXISTING RIGHT-OF-WAY AND PROPERTY LINES ARE BASED ON THE PLAT OF SECTION NO. 1, HANGING ROCK ESTATES, RECORDED IN PLAT BOOK 18, PAGE 156. DAWN MARIE COURT R.O.W. VACATION EXHIBIT FROM RECORDS ROANOKE COUNTY, VIRGINIA PLANNERS • ARCHITECTS• ENGINEERS• SURVEYORS ROANOKE • RICHMOND • NEW RIVER VALLEY • SHENANDOAH VALLEY 1208 Corporate Clrole . Roanoke, Vlrglnla 24018 • Phone (540) 7729580 • Fax (540) 772-8050 EXISTING R.O.W. TO BE VACATED b4ap AND ASSOCIATM INC. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14, 2016 ORDINANCE AUTHORIZING THE VACATION OF A 0.014 ACRE PORTION OF A RIGHT-OF-WAY SHOWN AS DAWN MARIE COURT ON THE PLAT OF SECTION NO. 1, HANGING ROCK ESTATES, RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT FOR THE COUNTY OF ROANOKE, VIRGINIA IN PLAT BOOK 18, PAGE 156 AND LOCATED IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, the plat of Section No. 1, Hanging Rock Estates recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 18, page 156, established a 0.014 acre portion designated as Dawn Marie Court; and WHEREAS, BGGT, LLC (Lot 44 Section No. 1 Hanging Rock Estates; Tax Map No. 035.04-04-78.00-0000) and Graham -Thomas, LLC (Tax Map No. 035.04-02-33.00- 000) wish to re -subdivide their properties to create two (2) additional lots at the end of Dawn Marie Court to provide the required road frontage on the cul-de-sac bulb for the other two (2) lots; and WHEREAS, Dawn Marie Court on the plat of Section No. 1, Hanging Rock Estates currently has never been improved and accepted into the Virginia Department of Transportation (VDOT) Secondary Road System however, BGGT, LLC has agreed to take the necessary steps to get the entire road into the system; and WHEREAS, Dawn Marie Court was platted and built to the adjacent 32.99 acres of land for future development. However, Graham -Thomas, LLC the current property owner of the of the 32.99 acres has determined that due to topography, the extensive grading required, the stream and wetlands mitigation and the resulting low lot count it is not economically feasible to extend Dawn Marie Court; and Page 1 of 3 WHEREAS, the above described 0.014 acre portion is indicated on the plat dated 4-21-2016, prepared by Balzar and Associates and attached hereto as Exhibit "A"; and WHEREAS, no other property owner will be affected by the vacation of this undeveloped portion of said Dawn Marie Court; and WHEREAS, this vacation will not involve any costs to the County and the affected County departments have raised no objection; and WHEREAS, this notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended); and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A public hearing and first reading of this ordinance was held on May 24, 2016, and a second reading of this ordinance was held on June 14, 2016. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (Dawn Marie Court, 0.014 acre portion ) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 3. That this 0.014 acre portion, Dawn Marie Court, being designated and shown as Lot 44 Section No. 1 Hanging Rock Estates; Tax Map No. 035.04-04-78.00-0000) and, Tax Map No. 035.04-02-33.00-000, plat of Section No.1, Hanging Rock Estates, Plat Book 18, page 156, in the Catawba Magisterial District of the County of Roanoke, and Page 2 of 3 hereby is vacated pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended. 4. That a 0.014 acre portion right-of-way is accepted, reserved and maintained for public purposes in the area previously designated as "Dawn Marie Court" as shown on the Exhibit "A" attached hereto. 5. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 6. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of Virginia (1950, as amended). Page 3 of 3 ACTION NO. ITEM NO. H.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: All open appointments. BACKGROUND: June 14, 2016 Appointments to Committees, Commissions and Boards Deborah Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator 1. Board of Zoning Appeals (appointed by District) The Windsor Hills Magisterial District representative has passed away. Mr. Karr's five (5) -year term expires June 30, 2016. 2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District and At - Large) The Budget and Fiscal Affairs Committee shall be comprised of eleven (11) members with each Board Supervisor having an appointment, five members appointed jointly by the Board of Supervisors, and one ex officio appointment representing County Administration. Mr. Gates is currently working with the Board on recommendations to this committee. 3. Clean Valley Council (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 4. Economic Development Authority (EDA) (appointed by District) The following four-year term expired on September 26, 2015: a) Greg Apostolou, representing the Hollins Magisterial District is eligible for reappointment 5. Planning Commission (appointed by District) Supervisor Assaid has recommended the appointment of Paul M. Mahoney to represent the Cave Spring Magisterial District to a four year term commencing July 1, 2016 and ending June 30, 2020. Confirmation for this appointment has been placed on the Consent Agenda. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: There is no staff recommendation associated with this agenda item. 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 14, 2016 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for June 14, 2016, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows: 1. Approval of minutes — April 26, 2016 2. Request to donate surplus vehicle to the Regional Virginia Alcohol and Substance Abuse Program (VASAP) and Court community Corrections Program (CCCP) 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Linda D. Cannon, Deputy Sheriff, upon her retirement after more than twenty-one years of service 4. Confirmation of appointment to the Planning Commission (by District) Page 1 of 1 ACTION NO. ITEM NO. 12 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 14, 2016 AGENDA ITEM: Request to donate surplus vehicle to the Regional Virginia Alcohol and Substance Abuse Program (VASAP) and Court Community Corrections Program (CCCP) SUBMITTED BY: APPROVED BY: ISSUE: Daniel R. O'Donnell Assistant County Administrator Thomas C. Gates County Administrator A request to donate a surplus Roanoke County vehicle to the Virginia Alcohol and Substance Abuse Program (VASAP) and Court Community Corrections Program (CCCP) BACKGROUND: The Virginia Alcohol and Substance Abuse Program (VASAP) and the Court Community Corrections Program (CCCP) are regional programs of the court system in which Roanoke County participates. The VASAP and CCCP programs serve the regional court system by providing general probation services and supervision for persons who have been convicted of driving while impaired. The City of Salem serves as the fiscal agent for the programs. The programs serve Roanoke County, Roanoke City, the City of Salem, Botetourt County and Allegheny County. Both of these programs are staffed by the same employees. Funding for the CCCP program comes from the Commonwealth of Virginia. Funding for the VASAP program comes solely from fees charged to impaired drivers for their supervision and education. As instances of impaired driving have decreased in recent years, fees collected for these services have decreased as well. This has caused a shortage of capital funds needed to purchase vehicles for staff use. In the past other local participating governments have donated surplus vehicles to the programs for staff use, but there is still a need for an additional vehicle that other participating local Page 1 of 2 governments cannot currently provide. Assistant County Administrator Dan O'Donnell is currently the Chair of the CCCP Advisory Board and Chief of Police Howard Hall is a member of the VASAP Board representing Roanoke County. DISCUSSION: General Services currently has a 2008 Ford Crown Victoria with over 105,000 miles scheduled to go to surplus sale. The Director of the VASAP and CCCP programs has indicated the vehicle is suitable for their program's purposes. If approved by the Board of Supervisors the car would be donated and titled to the City of Salem for exclusive use by the staff of the VASAP and CCCP programs. Roanoke County would provide no maintenance services for the vehicle after the title is transferred. FISCAL IMPACT: While there is no direct cost to the County, the value of the vehicle at surplus is estimated to be approximately $2,500 to $3,000. Donating the car to the VASAP/CCCP programs would decrease funds for replacement vehicles by a like amount. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors donate the 2008 Ford Crown Victoria to the City of Salem for exclusive use by the VASAP and CCCP staff. Page 2 of 2 ACTION NO. ITEM NO. 13 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 14, 2016 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Linda D. Cannon, Deputy Sheriff, upon her retirement after more than twenty-one years of service SUBMITTED BY: APPROVED BY: ISSUE: Deborah Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Recognition of the retirement of Linda D. Cannon. BACKGROUND: Linda D. Cannon, Deputy Sheriff, retired on June 1, 2016, after twenty-one years and eight months of service to the Roanoke County Sheriff's Department. Deputy Sheriff Cannon is unable to attend the meeting and her resolution and quilt will be mailed to her home. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. 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 14, 2016 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LINDA D. CANNON, DEPUTY SHERIFF, UPON HER RETIREMENTAFTER MORE THAN TWENTY-ONE YEARS OF SERVICE WHEREAS, Linda D. Cannon was employed by Roanoke County on October 11, 1994; and WHEREAS, Ms. Cannon retired on June 1, 2016, after twenty-one years and eight months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Ms. Cannon served as the Corrections Division Cook; and WHEREAS, Ms. Cannon served as a Deputy Sheriff on April 14, 1997, and was selected on September 1, 2001, for the Master Deputy Program until July 1, 2003; and WHEREAS, Ms. Cannon was promoted to the rank of Sergeant on August 28, 2003, until December 15, 2004,during her tenure with Roanoke County and has served with professionalism and dedication in providing services to the citizens of Roanoke County. WHEREAS, 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 D. CANNON for more than twenty-one years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 1 ACTION NO. ITEM NO. 1_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: ISSUE: June 14, 2016 Confirmation of appointment to the Planning Commission (by District) Deborah Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Confirmation of appointment to the Planning Commission BACKGROUND: The current appointment to the Planning Commission will expire on June 30, 2016. DISCUSSION: Supervisor George G. Assaid has recommended the appointment of Paul M. Mahoney to commence July 1, 2016 and expire June 30, 2016. Accordingly, confirmation has been added to the Consent Agenda. FISCAL IMPACT: There is no fiscal impact for this agenda item. STAFF RECOMMENDATION: Staff has no recommendation for this agenda item. Page 1 of 1 Y O C m O O 414 C 7 O V U C � y O pp N C LR O N V L M m O N m U � •V1 U LL C f6 m m N14 N a 00 co to O a N ro roN 00 to CL m V 10 N o Ln _ to N co O co In O In O O O bJD c > o a a O y C m N M O v N N S d d � ro m � C c *� m m m a u00i V O O O O v O O O O O' M Lr r a N bA R O O 00 O O V v). v). m c N O C N N N O o > ci cI d M in m ro Ln co a !V Ol lD In Q O ^ O M O R G. N N N N Q m ellC Lr c Lfl L O N - O N O Lr O 00 N Q Y � m v > c v > a z a z N cr ? Ln Ln L O Y O NN C N D c0 �n N — m- � a L Y V O h0 h0 O V 0 O O C Y Q O 0 > O j In V _O O > O N = 14 N f0 O O w N V O V O N >.00 oi Q 0 00 O N -, N L O O N -O N �p r-,`� toN C w O 3o Qt N Y O .� O {a C Y = = Q N C O c O 9 ++ MM •0 Q Q U C .� U Y U f6 V j Y u O C OL O t0 O Q C -O t0 t0 C CA Q m Q O 0 mCA m m Q Q m ►d� COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator Outstanding Outstanding June 30, 2015 Additions Deletions June 14, 2016 General Obligation Bonds $ 5,332,236 $ - $ 834,532 $ 4,497,704 VPSA School Bonds 104,311,123 7,761,248 96,549,875 State Literary Loans 1,825,775 - 1,825,775 - Lease Revenue Bonds 76,949,408 - 955,424 75,993,984 Capital Lease obligation 741,516 - 741,516 - $ 189,160,058 $ - $ 12,118,495 - $ 177,041,563 Submitted By Rebecca E. Owens Director of Finance Approved By 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: June 14, 2016 AGENDA ITEM: Work session to discuss Roanoke County's Legislative Program and preparation for the 2017 session of the Virginia General Assembly SUBMITTED BY: Ruth Ellen Kuhnel County Attorney APPROVED BY: Thomas C. Gates County Administrator ISSUE: Eldon James and Sue Rowland (operating as Eldon James and Associates, Inc.) will review the results of the County's legislative proposals of the 2016 session of the Virginia General Assembly and discuss potential legislative priorities for the 2017 session. In addition to the review and comments related to the County's legislative agenda, staff will present an overview of proposed initiatives to be undertaken by staff as complement to the services provided by Eldon James & Associates. BACKGROUND: Each year, the Roanoke County Board of Supervisors adopts a formal agenda of Legislative Issues for the upcoming General Assembly Session. That process begins with a review of the past year's session, followed by staff development of potential legislative issues to be addressed during the upcoming General Assembly session. Draft legislative issues are developed in conjunction with our legislative liaison, citizens who provide input, regional group dialogues and discussions with local legislators. Members of the Board of Supervisors are also requested to provide input into the draft legislative agenda. Development of the legislative agenda culminates with a presentation to the Board of Supervisors, typically in October of each year, and a request of the Board for formal adoption of the agenda. Subsequent to adoption of the County's legislative agenda, staff works with Board Members, our local legislative Page 1 of 3 delegation and our legislative liaison to promote the interests of the County. Following is a draft legislative calendar for the 2017 General Assembly session: June 2016 June -August 2016 September 2016 October 2016 November -December 2016 January -February 2017 DISCUSSION: Work session with BOS Staff development of potential issues Preliminary meetings with local legislators Regional legislative agenda discussions Development of draft County legislative agenda Formal Adoption of Legislative Agenda by BOS Follow up meetings with local legislators General Assembly Session The Roanoke County 2016 Legislative Agenda identified twelve possible initiatives for the General Assembly (attached in full to this report.) Several of these initiatives are ongoing matters of general concern that will be carried over from year to year. These are: 1. Restoring funds for the Revenue Sharing Program so that the local governments have a source of funds to address local road projects. The Commonwealth Transportation Board has adopted a policy to reduce this funding source from $150 Million in FY17 (stepped down from $184 Million in FY16) to $50 Million in FY20. 2. Supporting the Commonwealth Transportation Board funding for specific highway projects; widening 1-81, improvements to S.R. 419, improvements to S.R.220 and funding for 1-73. 3. Supporting legislative direction to VDOT to maintain primary roads and urbanized entry corridors in Metropolitan Planning Organizations to the same standard required by local ordinances for the cutting of grass and weeds. This initiative would promote urban development areas for economic development and growth. 4. Workforce Development: State funding in the form of performance incentives for the completion of industry recognized credentials should be invested to lower the cost of training and instruction for students and enable community colleges to Page 2 of 3 expand their capacity to meet this vital need of business, industry and Virginia's economy. 5. Protecting funding for programs and services required by the Children's Services Act 6. Directing the Department of Environmental Quality to make available and to allocate sufficient resources to monitor and inspect the construction of any interstate natural gas pipelines and to enforce the Commonwealth's and federal government's water quality and erosion and sediment control statutes and regulations during the construction of interstate pipeline projects. Initiatives surfacing in the 2016 General Assembly for which Roanoke County may wish to offer a formal position include: 1. Ensuring the availability of sufficient mental health treatment options for persons in need, including the preservation of exiting facilities such as Catawba Hospital, so as to minimize the impact on public safety. 2. Support for the Virginia Initiative for Growth and Opportunity in each region (GO Virginia.) Go Virginia received $5.7 million from the General Fund for the first year and $30.2 million from the General Fund in the second year. This funding will initially be used to set fund regional economic development initiatives consistent with the authorizing legislation. Ongoing Issues Affecting Local Government to be monitored: 1. Freedom of Information Act Changes 2. Conflict of Interest Act Changes 3. Stormwater Management Laws which would impose additional mandates or financial burdens upon local governments 4. Land Use Bills which would erode local control over use or design 5. Changes to Public safety and personnel related laws FISCAL IMPACT: There is no impact associated with development of the Legislative Agenda. However, legislative items of interest to the County such as Go Virginia have potential for significant fiscal impact although the impact cannot be quantified at this time. STAFF RECOMMENDATION: None. Page 3 of 3 ROANOKE COUNTY 2016 LEGISLATIVE ISSUES The following items have been identified as possible legislative initiatives for the 2016 General Assembly. (1) The Board continues to be concerned about funding for public highways, including: a. Restoring funds for the Revenue Sharing Program, so that local governments have a source of funds to address local road projects (as they did previously) in partnership with VDOT. The Commonwealth Transportation Board has adopted a policy to reduce this funding source from $18S Million in FY16 to $50 Million in FY20. b. Supporting Commonwealth Transportation Board funding for specific highway projects: widening I-81, improvements to S.R. 419, improvements to S.R. 220 and funding for 1-73. C. Supporting legislative direction to VDOT to maintain primary roads and urbanized entry corridors in Metropolitan Planning Organizations to the same standard required by local ordinances for the cutting of grass and weeds. This initiative would promote urban development areas for economic development and growth. (2) Workforce Training. a. State funding in the form of performance incentives for the completion of industry recognized credentials should be invested to lower the cost of training and instruction for students and enable community colleges to expand their capacity to meet this vital need of business, industry, and Virginia's economy. Using a performance-based funding model, community colleges should receive state funds for each student who successfully completes training at a community college through noncredit workforce training and then obtains - through a third -party validation process - an industry recognized - credential identified regionally as high demand by business and industry. b. Career and Technical Education (CTE) funding should be increased and better aligned with the needs of private employers; develop standard performance measures to ensure that the finding of programs support workforce development priorities; and evaluate which workforce development programs emphasize training and education opportunities that align with the needs of private employers. (3) Funding for replacing WINvote touchscreen voting machines. The State Board of Elections decertified these voting machines after the 2015 General Assembly session adjourned. This action compelled Roanoke County to appropriate $384,000 to replace 136 voting machines. Request State funding to assist localities in acquiring new, certified voting machines. (4) Aid to the Commonwealth. It appears that the State generated a surplus of $427 Million for fiscal year 2013. However the State took in $30 Million from local governments in "aid to the Commonwealth", including $300,000 from Roanoke County. Before spending this surplus on other programs the General Assembly should return $30 Million to its local governments. (5) Support legislation placing the Virginia Department of Social Services (VDSS) under the Administrative Process Act (Sec. 2.2-4000, et seq.) of the Code of Virginia. September 2, 2015 VDSS is not currently subject to the procedural due process protections found in the Administrative Process Act like other state agencies. This would provide the County with an opportunity to address changes in rules and regulations developed by VDSS. (b) Eliminate the requirement for publishing legal notices in newspapers. Roanoke County spent over $18,000 in legal notice publication costs last year. Paid circulation of newspapers is dropping. More citizens are getting their information from the internet. (7) Amend Sec. 56-49.0 Ito require the natural gas company to hold an advertised public hearing in each county, city and town that it intends to seek permission to inspect or survey property prior to mailing any notice of intent to enter said property. (8) Direct the Department of Environmental Quality to make available and to allocate sufficient resources to monitor and inspect the construction of any interstate natural gas pipelines and to enforce the Commonwealth's and federal government's water quality and erosion and sediment control statutes and regulations during the construction of interstate pipeline projects. (9) Local taxation authority. Provide Roanoke County with greater flexibility to address local control over local taxes, including authority to impose tobacco taxes like cities and towns, and to address inconsistency in the application of local sales taxes. (10) Police body cameras. Revise the Freedom of Information Act to include personal privacy protections for juveniles and individuals captured in these video recordings, to address storage and retention obligations of local governments, and to limit the access to these recordings to appropriate parties. (11) Amend the Stormwater Act to eliminate the inconsistency between it and the Erosion & Sediment Control Act. Read together these statutes require expensive stormwater compliance for the construction of an individual single-family residential home. (12) Provide sufficient support for judicial administrative functions by funding existing deputy clerk positions. The General Assembly has failed to provide sufficient support for the staffing operations of the general district courts and juvenile and domestic relations courts. September 2, 2015 ELDC c o ES<SeAssociates, Inc. Roanoke County, Virginia Legislative Program Final Report 2016 General Assembly June 2, 2016 The following report lists key bills passed by the 2016 General Assembly. The bills listed here have passed both chambers and been approved by the Governor. Joint Resolutions do not go to the Governor and are approved once signed by Speaker of the House and President of the Senate. Unless otherwise listed all legislation takes effect July 1, 2016. TABLE OF CONTENTS CSA 3 Education Funding and Policy 3 Energy and Environment Energy Efficiency 4 Environment and Water Resources 6 Ethics Reform 11 Housing and Building Codes Building Codes 12 Housing 13 Administration of Local Government Elections & Redistricting 18 Eminent Domain 21 FOIA 22 Local Authority 24 Local Revenue 30 Mental Health Adult Mental Health 33 Child Mental Health 37 Planning and Land Use Land Conservation, Open Spaces, Park Lands 39 Land Use and Growth Management 40 Social Services Adult Social Services 42 Child Social Services 49 Transportation Funding 55 Transportation Policy 57 Unfunded Mandates 63 Other Local Issues 66 2 Children's Services Act HB 369 State Executive Council for Children's Services; state and local advisory team; membership. Chiefpatron: Bell, Richard P. Adds to the membership of the State Executive Council for Children's Services (the Council) (i) the chairman of the state and local advisory team and (ii) a representative who has previously received services through the Children's Services Act, to be appointed by the Governor with recommendations from certain entities. The bill also adds to the membership of the state and local advisory team a representative who has previously received services through the Children's Services Act, to be appointed by the Council with recommendations from certain entities. Education Funding & Policy HB 47 Mixed -Delivery Preschool Fund and Grant Program; established, report, sunset provision. Chiefpatron: Greason Establishes the Mixed -Delivery Preschool Services Fund and Grant Program for the purpose of awarding grants on a competitive basis to urban, suburban, and rural community applicants to field-test innovative strategies and evidence -based practices that support a robust system of mixed -delivery preschool services in the Commonwealth. The bill requires the Virginia Early Childhood Foundation (the Foundation) to administer a request for proposal process to invite community applicants to respond with localized innovations and approaches to a mixed -delivery preschool services system. Grants are awarded by the Foundation and priority is given to applicants who (i) commit to pursuing models of local governance that promote the successful mixed delivery of preschool services, (ii) compare classroom and child outcomes among teachers with different credentials and qualifications, (iii) utilize incentives to encourage participation, and (iv) utilize strategic assessment to discern outcomes. The bill requires the award of six two- year grants during each year of the 2016-2018 biennium. The bill has an expiration date of July 1, 2019. HJ 112/SJ 85 Public elementary & secondary education; education and health in the Commonwealth, report. Chief patron: Landes/Deeds Establishes a two-year joint committee consisting of seven members of the House Committee on Education and six members of the Senate to study the future of public elementary and secondary education in the Commonwealth. Energy and Environment Energy Efficiency HB 283/SB 136 Electrical transmission line siting; hearing requested by locality. Chiefpatron: Minchew/Favola Requires the State Corporation Commission (SCC) to hold at least one hearing in the area that would be affected by construction of an electrical transmission line of 138 kV or more, upon the request of the governing body of any county or municipality through which the line is proposed to be built. Currently the SCC is required to conduct a hearing in the affected area if requested by 20 or more interested parties. The measure also provides that the affected localities are given the same protections whenever a significantly different route is deemed desirable by the SCC. HB 444/SB 745 Electric utilities; notice of renewable power options. Chiefpatron: Loupassi/Wagner Requires the State Corporation Commission (SCC) to post on its website the names, telephone numbers, and available hyperlinks of suppliers of electric energy licensed to sell retail electric energy pursuant to a specific program. The measure applies to those suppliers that (i) expressly state in their applications for licensure, or for any renewal thereof, that they offer electric energy supplied from renewable energy to retail customers and (ii) request in any such applications that they be identified on the SCC's website as making such offers. The measure also requires each investor-owned electric utility to include at least once each calendar quarter in customer bills a notice directing them to the SCC's website. HB 611/SB 85 Public utilities; regulation of rates and service, procedures of the State Corporation Commission. Chiefpatron: Bell, Robert B./Garrett Makes water and sewer companies subject to the rules of the State Corporation Commission (SCC) regarding meetings and communications between SCC commissioners and any party, or between commissioners and staff, concerning any fact or issue arising out of a proceeding involving the regulation of rates, charges, services, or facilities of a utility. The bill requires a public utility to send notice of a proposed rate 4 increase electronically to customers who receive bills electronically. Every public utility providing water or sewer service is required to publish notice of changes in rates, tolls, charges, rules, and regulations at least once in one or more newspapers in circulation in its franchise area. The measure bars the SCC from dispensing with notice requirements applicable to water and sewer companies. HB 1053/SB 395 Investor-owned electric utilities; energy efficiency programs, report. Chiefpatron: Kilgore/Alexander Directs the State Corporation Commission (SCC) to evaluate the establishment of uniform protocols for measuring, verifying, validating, and reporting the impacts of energy efficiency measures implemented by investor-owned electric utilities and the establishment of a methodology for estimating annual kilowatt savings and a formula to calculate the levelized cost of saved energy for such energy efficiency measures. The SCC shall submit a report of its findings and recommendations to the Governor and the General Assembly by December 1, 2016. HB 1220 Electric utility; recover of cost of purchasing certain solar energy facilities. Chief patron: Yancey Clarifies that a provision enacted in 2015 that authorizes an investor-owned electric utility to recover the costs of purchasing certain solar generation facilities through a rate adjustment clause did not alter existing provisions that authorize the utility to recover the costs of constructing certain other types of facilities. The measure contains a statement that it is declarative of existing law. The measure applies to any petition or application filed before the State Corporation Commission on or after July 1, 2015, and contains an emergency clause. EMERGENCY - Effective 2/12/16 HB 1305 Solar and wind energy equipment, etc.; tax exemptions. Chiefpatron: Miller Provides a sales and use tax exemption for machinery, tools, and equipment of a public service corporation used to generate energy derived from sunlight or wind, which expires June 30, 2027. The bill also alters the types of projects of solar photovoltaic (electric energy) systems that qualify for the real and personal property tax exemptions on photovoltaic equipment and facilities. The full exemption is for such equipment and facilities used in (i) projects equaling 20 megawatts or less for which an initial interconnection request form is filed on or before December 31, 2018; (ii) projects equaling 20 megawatts or less that serve a public institution of higher education or a private college; and (iii) projects equaling 5 megawatts or less for which an initial interconnection request form is filed on or after January 1, 2019. The exemption is for 80% of the assessed value of such equipment and facilities used in (a) projects greater than 20 megawatts for which an initial interconnection request form has been filed with an electric utility or a regional transmission organization after January 1, 2015, and first in service on or after January 1, 2017, and (b) projects greater than 5 megawatts for which an initial interconnection request form is filed on or after January 1, 2019. Under current law, the property tax exemption is for projects equaling 20 megawatts or less. The bill provides that the exemption for projects greater than 20 megawatts shall not apply to projects upon which construction begins after January 1, 2024. The bill has a delayed effective date of January 1, 2017. Effective 7/1/17 Environment and Water Resources HB 208 Tributary plans; repeals provisions that prescribe content of plans as part of tributary strategies. Chief patron: Bulova Repeals provisions that prescribe the content of tributary plans as part of the tributary strategies. Tributary strategies have been replaced by Watershed Implementation Plans (WIP). HB 438/SB 292 Sediment reduction credits; use by Municipal Separate Storm Sewer Systems (MS4) permittees. Chiefpatron: Bulova/Hanger Authorizes Municipal Separate Storm Sewer System (MS4) permittees to acquire and use sediment reduction credits as part of a compliance strategy for implementing the Chesapeake Bay TMDL. Currently, MS4s have similar authority for nitrogen and phosphorus; the bill adds a third pollutant, sediment. The sediment credits cannot be used if they are associated with phosphorus credits used in stormwater nonpoint nutrient runoff water quality criteria. HB 440 Impaired waters clean-up plan; progress report, annual submission. Chiefpatron: Lingamfelter Reduces from semiannual to annual the requirement in the Chesapeake Bay and Virginia Waters Clean -Up and Oversight Act that the Secretary of Natural Resources submit a progress report on the implementation of the impaired waters clean-up plan to several legislative oversight committees. 0 HB 448/SB 314 Nutrient offset credits; allows new and expanding wastewater discharge facilities to acquire. Chiefpatron: Cox/Dance Allows a new or expanding facility registered under the Watershed General Permit to acquire nutrient offset credits, on land located in the same tributary as the facility, on which best management practices have been implemented that would achieve reductions greater than those currently required by federal or state law or the Chesapeake Bay TMDL Watershed Implementation Plan. The bill also allows the acquisition of credits or the allocation of credits under the general permit for a period longer than the current five- year restriction, subject to the approval of the State Water Control Board. HB 526 Living shorelines; tax exemption from local property taxes. Chief patron: Hodges Provides that any living shoreline project approved by the Virginia Marine Resources Commission or the applicable local wetlands board and not prohibited by local ordinance shall qualify for full exemption from local property taxes. HB 558 Onsite sewage systems and private wells; evaluation and design, report. Chief patron: Orrock Directs the State Health Commissioner to develop a plan for the orderly reduction and elimination of evaluation and design services by the Department of Health for onsite sewage systems and private wells, which shall provide for the protection of the public health as the Department transitions to accepting only applications that are supported by private site evaluations and designs from a licensed professional engineer or licensed onsite soil evaluator or, for any work subject to regulations governing private wells in the Commonwealth, by a licensed water well system provider. The Commissioner shall report to the Governor and the General Assembly by November 15, 2016. HB 566 Licensed onsite soil evaluators; changes references in terminology. Chief patron: Knight Changes references to authorized onsite soil evaluators to the more accurate term "licensed onsite soil evaluators." HB 611/SB 85 Water and sewer utilities; regulation. Chiefpatron: Bell, Robert B./Garrett 7 Makes water and sewer companies subject to the rules of the State Corporation Commission (SCC) regarding meetings and communications between SCC commissioners and any party, or between commissioners and staff, concerning any fact or issue arising out of a proceeding involving the regulation of rates, charges, services, or facilities of a utility. The bill requires a public utility to send notice of a proposed rate increase electronically to customers who receive bills electronically. Water or sewer utilities are required to publish notice of changes in rates, tolls, charges, rules, and regulations at least once in one or more newspapers in circulation in its franchise area. The measure bars the SCC from dispensing with notice requirements applicable to water and sewer companies. HB 647/SB 361 Tree conservation; locality to post signs on private property that is proposed to be redeveloped. Chiefpatron: Sullivan/Favola Provides that the ordinance may allow a locality to post signs on private property that is proposed to be redeveloped with one single family home that notifies the public that an infill lot grading plan is pending for review before the locality. The locality may not require the applicant to be responsible for such posting, and the failure to post the property shall not be a ground for denial of such grading plan. HB 648 Sewage system or nonconforming system; development of procedure for processing requests. Chief patron: Knight Provides for the State Health Commissioner to develop a procedure for processing requests to approve an installed treatment works. The bill authorizes the Commissioner or his agent to approve a nonconforming treatment works under certain conditions and for an owner of real property to accept a voluntary upgrade as a condition for the approval of a nonconforming treatment works. In addition, the bill designates persons who may certify that the sewage treatment available for a building is safe, adequate, and proper. HB 734 Noxious weeds; advisory committee to evaluate risks of a plant. Chief patron: Hope Establishes an advisory committee to evaluate the risks of a plant or part thereof that is being considered for designation as a noxious weed. The bill requires the advisory committee to assess the plant's (i) impact on water bodies, other plants, livestock, land, public health, the environment, and the economy and (ii) current and potential in-state commercial viability. The bill exempts from the definition of noxious weed any plant whose in-state production is commercially viable. HB 903 Recurrent Flooding Resiliency, Commonwealth Center for; at various educational institutions. Chiefpatron: Stolle Designates the Commonwealth Center for Recurrent Flooding Resiliency jointly at Old Dominion University, the Virginia Institute of Marine Science, and The College of William and Mary to (i) serve, advise, and support the Commonwealth by conducting interdisciplinary studies and investigations and (ii) provide training, technical and nontechnical services, and outreach in the area of recurrent flooding and resilience research to the Commonwealth and its political subdivisions. HB 919 Water and sewer service; canceling service for nonpayment of charges. Chiefpatron: Mason Shortens from two months to 30 days the period after which a locality providing water or sewer service may shut off service for unpaid charges. HB 1250/SB 673 Virginia Erosion and Stormwater Management Act; consolidation of programs, opt -out for locations. Chiefpatron: Wilt/Hanger Combines existing statutory programs relating to soil erosion and stormwater management, directing the State Water Control Board (the Board) to permit, regulate, and control both erosion and stormwater runoff. The bill requires any locality that operates a municipal separate storm sewer system (MS4) or a Virginia Stormwater Management Program (VSMP) to adopt a Virginia Erosion and Stormwater Management Program (VESMP) that regulates any land -disturbing activity that disturbs an area of 10,000 square feet or more, or 2,500 square feet or more if in a Chesapeake Bay Preservation Area. A locality that lacks an MS4 and for which the Department of Environmental Quality (DEQ) is currently administering a VSMP is required to (i) adopt such a VESMP, (ii) adopt such a VESMP with DEQ conducting plan review and making recommendations on the compliance of each plan with technical criteria, or (iii) continue to operate a separate Virginia Erosion and Sediment Control Program (VESCP) that regulates any disturbance of 10,000 square feet or more and, in a Preservation Area, regulates a disturbance of 2,500 square feet or more and meets certain other requirements. Any eligible locality that chooses the third option is to have a VSMP administered on its behalf by the Board for any land -disturbing activity that disturbs one acre or more of land, including an activity that disturbs a smaller area but is part of a larger development that results in a disturbance of one acre or more. Towns are afforded additional options in relation to the counties in which they are located. The bill directs certain charges or penalties to the Stormwater Local Assistance Fund, which provides matching grants to local governments for stormwater best management practices. Finally, the bill directs DEQ to evaluate fees related to the consolidated Virginia Erosion and 0 Stormwater Management Program and directs the Board to adopt regulations to carry out the purposes of the bill, delaying the effective date of the bill until the later of July 1, 2017, or 30 days after the adoption of such regulations. HJ 31 Chesapeake Bay Awareness Week; designating second week in June 2016, and each year thereafter. Chief patron: Lingamfelter Designates the second week in June, in 2016 and in each succeeding year, as Chesapeake Bay Awareness Week in Virginia. HJ 120 Biosolids and industrial residuals in Virginia; JLARC to study. Chiefpatron: Landes Directs the Joint Legislative Audit and Review Commission to analyze scientific literature on the health effects of biosolids (treated sewage sludge) and industrial residuals (wastes resulting from industrial processes), evaluate the feasibility of requiring municipal utilities that are currently permitted to generate "Class B" material to upgrade their facilities to generate "Class A" material, and undertake other analyses. This is a two- year study. SB 407 Onsite sewage systems; conventional and alternative discharging systems, civil penalties. Chiefpatron: Wexton Provides that any locality that has a record of the location of conventional onsite sewage systems and alternative discharging systems and that meet certain other criteria may adopt an ordinance establishing a uniform schedule of civil penalties for violations of specified provisions for the operation and maintenance of such systems. Currently, the provisions apply only to alternative onsite sewage systems. The bill also provides that no criminal action shall proceed if the violation is abated or remedied through civil enforcement. SB 443 Nutrient credit certification; regulations to establish timeline for consideration of applications. Chief patron: Hanger Directs the State Water Control Board (the Board) to establish a timeline for consideration of applications for land conversion projects. The Department of Environmental Quality will be required to deny, approve, or approve with conditions an application within 15 days of determining that the application is complete. Directs the Board to certify credits located in tributaries outside the Chesapeake Bay Watershed. 10 SB 598 Erosion and sediment control; compliance with stormwater management program. Chiefpatron: DeSteph Clarifies that certain flow rate capacity and velocity requirements for plans approved on and after July 1, 2014, shall be satisfied by compliance with Virginia Stormwater Management Program (VSMP) Regulations where the land -disturbing activity is conducted in accordance with extended permit coverage regulations. SJ 58 Recurrent flooding; joint subcommittee to formulate recommendations. Chief patron: Locke Continues the study of recurrent flooding for two additional years and renames the Joint Subcommittee as the Joint Subcommittee on Coastal Flooding. Ethics Reform HB 238 Conflict of Interests Act, State and Local Government; prohibited contracts, exceptions. Chief patron: Lingamfelter Provides an exception to the prohibition against officers and employees having contracts with their employing agencies for contracts by an officer or employee of a soil and water conservation district to participate in the Virginia Agricultural Best Management Practices Cost -Share Program. The exception does not apply to subcontracts or other agreements entered into to provide services for implementation of a cost -share contract established under the Program. Under the bill, the exception applies to contracts entered into prior to July 1, 2016. SB 652 State and Local Government Conflict of Interest Act; prohibited contracts; exceptions. Chief patron: Lewis Provides an exception to the prohibition against officers and employees having contracts with their employing agencies for contracts by an officer or employee of a soil and water conservation district to participate in the Virginia Agricultural Best Management Practices Cost -Share Program. The exception does not apply to subcontracts or other agreements entered into to provide services for implementation of a cost -share contract established under the Program. Under the bill, the exception applies to contracts entered into prior to July 1, 2016. This bill incorporates SB 708. 11 SB 692 Conflicts of Interests Acts, State & Local Government & General Assembly, etc.; lobbyist reporting. Chiefpatron: Norment Requires the disclosure forms filed by lobbyists and persons subject to the conflict of interests acts to be filed annually. Lobbyists are required to file by July 1 for the preceding 12 -month period complete through the last day of April. Persons subject to the conflict of interests acts are required to file on or before January 15. The bill contains technical amendments to reflect the change in filing cycles. The bill also requires the Governor, Lieutenant Governor, Attorney General, members of the Governor's Cabinet, and members of the General Assembly to file on or before May 1 a separate report of gifts received during the regular session of the General Assembly. The bill also exempts from the definition of a gift the following: (i) any gift with a value of less than $20; (ii) any food or beverage associated with an event that is accepted or received while in attendance at such event; (iii) any gift, including travel, from certain nonpartisan legislative organizations to a legislator or an officer or employee of the legislative branch if the legislator, officer, or employee is a member of such organization by virtue of his office or employment; and (iv) any gift, including travel, from a charitable organization to a legislator or an officer or employee of the legislative branch if such organization has been approved by the Joint Rules Committee of the General Assembly to make gifts. The bill also prohibits the name of a legislative or executive official, or a member of his immediate family, who attends a reportable entertainment event from being disclosed by a principal if that official reimburses the principal for, or otherwise pays for, his attendance, or the attendance of a member of his immediate family, at the entertainment event. Reimbursement shall be calculated using the average value for each person attending the event. The bill also raises the threshold for what gifts need to be reported from $50 to $100. Finally, the bill provides that the orientation and refresher sessions conducted for members of the General Assembly by the Virginia Conflict of Interest and Ethics Advisory Council shall last no more than two hours. Under current law, the refresher session must last at least two hours and there is no durational requirement for the orientation session. This bill incorporates SB 213, SB 304, SB 657, and SB 738. Housing and Building Codes Building Codes SB 453 Asbestos, Lead, and Home Inspectors, Virginia Board for; licensing of home inspectors. Chiefpatron: Stanley Provides that beginning July 1, 2017, home inspectors must be licensed by the Virginia Board for Asbestos, Lead, and Home Inspectors (the Board). Currently, home inspectors must be certified. The bill requires the Board to promulgate regulations to implement the 12 provisions of the bill effective no later than July 1, 2017, and exempts the Board's initial adoption of such regulations from the Administrative Process Act (§ 2.2-4000 et seq.), with the exception that the Board must provide an opportunity for public comment prior to adoption. The bill contains a technical amendment. Effective - see bill Housing HB 210 Housing; removal of obsolete provisions, correction of citation. Chief patron: LeMunyon Removes obsolete language regarding staggered terms for members of the Manufactured Housing Board and corrects a citation to the Housing Revitalization Zone Act (§ 36-157 et seq. of the Code of Virginia). This bill is a recommendation of the Virginia Code Commission. HB 240 Homeless veterans; Secretary of Veterans and Defense Affairs to assist in a identification. Chief patron: Lingamfelter Requires the Secretary of Veterans and Defense Affairs to coordinate with federal, state, local, and private partners to assist homeless veterans in obtaining a state -issued identification card, in order to enable these veterans to access the available federal, state, local, and other resources they need to attain financial stability or address other issues that have adversely affected their lives. HB 268/SB 414 Land Bank Entities Act; established. Chiefpatron: Marshall, D.W./Barker Authorizes the establishment of a land bank entity by any locality or two or more localities combined to assist in addressing vacant, abandoned, and tax -delinquent real properties. Under the bill, the locality has the option of (i) creating an authority or a nonprofit, nonstock corporation or (ii) designating an existing nonprofit entity that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code and eligible to receive donations from a locality pursuant to § 15.2-953 to carry out the functions of such land entity. The bill provides that land bank entities may acquire real property within participating localities or receive transfers and conveyances from the participating localities. Land bank entities are authorized to receive funding through grants and loans from participating localities, the Commonwealth, the federal government, and other public and private sources. In addition, the bill authorizes a locality to deem paid in full all accumulated taxes, penalties, interest, and other costs on any tax -delinquent property 13 in exchange for conveyance of the property by the owner to a land bank entity. The bill also authorizes a participating locality to remit to the land bank entity up to 50 percent of the real property taxes collected on real property conveyed by a land bank entity for up to 10 years after the conveyance. This bill is a recommendation of the Virginia Housing Commission. HB 339 Recordation tax; securing of loan by locality for certain borrower. Chiefpatron: Pogge Provides an exemption from the grantor's tax if the grantor is a locality at a judicial sale of tax -delinquent property. The bill also provides an exemption from recordation tax for any deed of trust that secures a loan made by a locality to a borrower whose household income does not exceed 80% of the area median household income established by the U.S. Department of Housing and Urban Development for the purpose of erecting or rehabilitating a home for such borrower, including the purchase of land for such home. HB 477 Veterans care centers; issuance of bonds for certain projects. Chiefpatron: Cox Authorizes the Virginia Public Building Authority to issue bonds in the amount of $29.3 million plus financing costs to construct veterans care centers in Northern Virginia and Hampton Roads. HB 675 Auxiliary grants; supportive housing providers. Chief patron: Peace Extends eligibility for auxiliary grants to include individuals residing in supportive housing, provided that the supportive housing provider has entered into an agreement for the provision of supportive housing with the Department of Behavioral Health and Developmental Services. The bill establishes requirements for providers of supportive housing that enter into agreements with the Department. HB 735 Landlord and tenant laws; responsibility of landlord to pay certain costs, etc. Chief patron: Miller Provides under the landlord and tenant law and the Virginia Residential Landlord and Tenant Act (VRLTA) that unless a tenant is at fault in cases of mold needing remediation, the landlord is obliged to pay all costs associated with the tenant's temporary relocation as well as the costs of mold remediation. Among other things, the bill (i) provides that, except for applicable lawful householder's exemptions, nothing affects the right of a landlord with respect to an inchoate or perfected lien of a landlord on the 14 personal property of a tenant of any leased or rented commercial or residential premises or the right of such landlord to distress, levy, and seize such personal property as otherwise provided by law; (ii) clarifies that residential provisions under the landlord and tenant law do not apply to dwelling units under the VRLTA; (iii) provides that a landlord's collection agency and a third party providing background screening or credit reporting services to the landlord or his managing agent may have access to tenant records; (iv) allows the landlord to charge a tenant for his records, if the rental agreement so provides; (v) clarifies that a landlord is not obligated to make repairs to address damages identified in the move -in inspection report unless otherwise required to do so under the VRLTA; (vi) requires a tenant to maintain carbon monoxide detectors to the standards established in the Uniform Statewide Building Code; and (vii) provides that if, upon inspection of dwelling unit, the landlord determines that repairs are necessary, the landlord may make such repairs and send the tenant an invoice for payment. If, upon inspection of the dwelling unit, the landlord discovers a violation of the rental agreement, the VRLTA, or other applicable law, the landlord may send a written notice of termination. If a tenant declines to permit the landlord or managing agent to exhibit the dwelling unit for sale or lease, the landlord may recover damages, costs, and reasonable attorney fees against such tenant. The bill contains technical corrections. HB 741 Asbestos, Lead, and Home Inspectors, Virginia Board for; licensing of home inspectors. Chiefpatron: Miller Requires home inspectors to be licensed by the Virginia Board for Asbestos, Lead, and Home Inspectors (the Board). Currently home inspectors must be certified. The bill has a delayed effective date of July 1, 2017, and requires the Board to promulgate regulations to implement the bill's provisions to be effective no later than July 1, 2017. The Board's initial adoption of such regulations is exempt from the Administrative Process Act (§ 2.2- 4000 et seq.), with the exception that the Board must provide an opportunity for public comment prior to adoption. The bill contains a technical amendment. HB 742 Neighborhood Assistance Program; eligibility for tax credits. Chief patron: Toscano Creates an exception to the requirement that each affiliate of a neighborhood organization must also meet all program regulations and guidelines as a condition of the neighborhood organization's eligibility for tax credits. Under the bill, the general program requirements for proposals submitted to the Commissioner of Social Services that (i) at least 50 percent of the persons served by each affiliate of the neighborhood organization be low-income persons, (ii) at least 50 percent of the revenues of each affiliate of the neighborhood organization be used to provide services to such persons, (iii) each affiliate also meet the definition of a "neighborhood organization," and (iv) an audit, review, or compilation for each affiliate be furnished will not apply if (a) the neighborhood organization otherwise meets all program requirements and regulations, (b) the neighborhood organization 15 received a fiscal year 2013-2014 allocation of neighborhood assistance tax credits, and (c) no affiliate of the neighborhood organization submits a proposal for or receives an allocation of tax credits for the program year for which the neighborhood organization has submitted its proposal. The exemption from the affiliate requirements is permanent and benefits neighborhood organizations applying for tax credits from the Commissioner of Social Services. HB 746 Virginia Residential Property Disclosure Act; required disclosures, zoning and permitted uses. Chiefpatron: Bell, John J. Requires the disclosure to purchasers of the zoning classification or permitted uses of parcels adjacent to the parcel that is being purchased. HB 1011 Rental inspection programs; exemptions. Chiefpatron: Massie Authorizes a locality to exempt a residential rental unit otherwise subject to a rental inspection ordinance if the unit is managed by (i) any person licensed as a real estate firm, real estate salesperson or broker, or business entity salesperson; (ii) any (a) property manager or (b) managing agent of a landlord; (iii) any owner of a publicly traded entity that manages its own multifamily residential rental units; or (iv) any owner or managing agent who, in the determination of the local governing body, has achieved a satisfactory designation as a professional property manager. HB 1128 Spouse's liability for medical care; exemption for principal residence. Chiefpatron: Habeeb Provides that a lien arising out of a judgment for a spouse's emergency medical care shall not be enforced against the judgment debtor's principal residence held as tenants by the entireties unless the residence is refinanced or transferred to new owners. HB 1146/SB 389 Local permitting or licensure; consent of common interest community association prohibited. Chief patron: Hope/Surovell Prohibits a locality from requiring consent of a condominium association, homeowners' association, or real estate cooperative prior to the issuance of a permit, certificate, or license, including a building permit or a business license. HB 1209 Landlord and tenant law; tenant's assertions, forms of relief. Chiefpatron: Collins Provides that a general district court may (i) terminate a lease upon the request of the tenant or (ii) order the dwelling unit surrendered to the landlord if the landlord prevails on a request for possession in an unlawful detainer action. Under current law, the court may decide to terminate the lease without a request for termination by the tenant. The bill contains technical amendments. HB 1264 Virginia Residential Property Disclosure Act; representations related to covenants, report. Chiefpatron: Robinson Provides that, in delivering the residential property disclosure statement to a prospective purchaser of residential property under the Virginia Residential Property Disclosure Act, the owner makes no representations with respect to (i) any covenants and restrictions that may be recorded in land records that affect the real property or any improvements located on the property, (ii) zoning classification or permitted uses of adjacent parcels, or (iii) the costs associated with maintaining, repairing, or inspecting any wastewater system, including any costs or requirements related to the pump -out of septic tanks, . The bill also replaces a reference to "certified home inspection" with "home inspection," relating to a prospective purchaser's exercise of due diligence. The bill requires the Housing Commission to study the provisions of the Virginia Residential Property Disclosure Act to determine whether the required disclosures contained in such Act may be consolidated or otherwise addressed in a more comprehensive way. The Housing Commission shall report its findings and any recommendations for legislation to the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology by November 1, 2016. SB 204 Real estate settlement agents; adds to provisions relating to agents, "closing disclosure." Chief patron: Stuart Adds to provisions relating to real estate settlement agents a new term, "closing disclosure," defined in the bill as the combined mortgage loan disclosure statement of final loan terms and closing costs prescribed under the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and the Consumer Financial Protection Bureau Regulation X (12 C.F.R. Part 1024 et seq.), and Regulation Z (12 C.F.R. Part 1026 et seq.), to comply with changes made by the federal Consumer Financial Protection Bureau to the real estate closing process. The bill also makes the settlement agent's registration fee nonfundable. The bill removes the requirement of the Bureau of Insurance to notify the Virginia State Bar to terminate a settlement agent's registration upon termination of his 17 last appointment because the Bureau and not the Virginia State Bar administers the licensing process. SB 237 Virginia Property Owners' Association Act; condemnation of common area. Chiefpatron: Petersen Provides that, for the purposes of condemnation, the value of a portion of a common area of a property owners' association shall be based on the common area's highest and best use as though it were free from restriction to sole use as a common area. Administration of Local Government Elections & Redistricting HB 88 General registrars and members of electoral boards; annual training, office closures for training. Chiefpatron: Cole Requires each member of an electoral board to attend an annual training program provided by the State Board of Elections in the first year of his appointment and in the first year of any subsequent reappointment. The bill also requires the general registrars to attend an existing annual training program provided by the State Board but allows a general registrar to designate a member of his staff to attend such training if he is unable to attend because of a personal or family emergency. The bill also provides for the closure of the offices of the general registrars for training purposes. HB 104 Voting equipment; locking and sealing of voting and counting machines after election. Chief patron: O'Bannon Provides that if a voting or counting machine secured by removal of a data storage device containing the only record of votes cast for any office or on any question and the machine itself does not contain such a record, that machine is required to remain locked and sealed only until it is returned to the site at which voting and counting machines are stored in the locality. The sealed envelopes containing the equipment keys for such machines are required to be delivered to the electoral board no later than noon on the day following the election. The bill also provides that the requirements for locking and sealing voting equipment do not apply to any ballot marking device and its data storage device provided to meet accessibility requirements, where the number of persons voting in the election or the number of votes cast for any office or on any question are not recorded by the ballot 18 marking device. All other voting systems are subject to current provisions for the locking and sealing of equipment. HB 105/SB 316 Contests of election for certain elections; service of process. Chief patron: O'Bannon/Dance Requires that contestees in a contest of (i) a primary election for the United States House of Representatives, the General Assembly, or a local office or (ii) any election for a local office be served by the contestant with a copy of the complaint within 30 days following the date of the election in the case of a general election and within 10 days following the date of the election in the case of a primary or special election held on a date other than that of a general election. HB 189 Satisfactory evidence of identity; United States Passport Book and United States Passport Card. Chiefpatron: Bulova Clarifies that both a United States Passport Book and a United States Passport Card are acceptable forms of identification of an individual for notarization. Current law states that a United States Passport is acceptable, but does not specifically include both as acceptable forms of identification. A United States Passport Card is not valid for travel by international air, but does include on it a photograph of the holder. Finally, the bill clarifies that all acceptable forms of identification must be unexpired. The bill contains a technical amendment. HB 456 Absentee ballots; electronic transmission by general registrars. Chiefpatron: Murphy Provides that when a voter who is eligible to request to receive certain absentee voting materials, including the absentee ballot, by electronic transmission so requests, the email address or fax number used by the general registrars to send such materials shall be the official email address or fax number of the office of the general registrar published on the Department of Elections website. The bill authorizes the State Board of Elections to prescribe by regulations the format of the email address to be used to transmit ballots to eligible voters and also allows the general registrars to use electronic transmission facilities provided by the Federal Voting Assistance Program. The bill does not provide for the return by electronic means of a voted absentee ballot. HB 1030/SB 574 Officers of election; required training every two years. Chiefpatron: Sickles/McEachin 19 Requires each officer of election to receive training at least once during the term for which he was appointed and whenever there is a change to election procedures that alters the duties or conduct of the officers of election. The State Board of Elections is required to (i) develop standardized training programs, (ii) provide standardized training materials, and (iii) offer on the Department of Elections website an online training course. The bill requires the training of the officers of election to be conducted by the local electoral boards and general registrars, using the standardized training programs and materials developed by the State Board, but gives the local electoral boards and general registrars the option to instead require the officers of election complete the online training course offered by the State Board. HB 1145/SB 382 Electoral boards, local; reassigning certain duties related to elections administration. Chiefpatron: Cole/Vogel Reassigns duties of the electoral boards related to elections administration to the general registrars. When performing these duties, the general registrars are acting in their capacity as directors of elections. SB 137 Absentee ballots; electronic transmission by general registrars. Chiefpatron: Favola Provides that when a voter who is eligible to request to receive certain absentee voting materials, including the absentee ballot, by electronic transmission so requests, the email address or fax number used by the general registrars to send such materials shall be the official email address or fax number of the office of the general registrar published on the Department of Elections website. The bill authorizes the State Board of Elections to prescribe by regulations the format of the email address to be used to transmit ballots to eligible voters and also allows the general registrars to use electronic transmission facilities provided by the Federal Voting Assistance Program. The bill does not provide for the return by electronic means of a voted absentee ballot. SB 190 Voting systems; prohibits use of direct recording electronic machines (DREs) after July 1, 2020. Chief patron: Miller Voting systems; use of direct recording electronic machines. Prohibits the use of direct recording electronic machines (DREs) in elections on and after July 1, 2020. The governing bodies of counties and cities have been prohibited from acquiring DREs for use in elections since July 1, 2007, but under current law the use of previously acquired DREs is permitted for the remainder of their useful life. The bill also removes references to DREs in other sections and makes technical amendments to terminology. 20 SB 308 Vacancies in constitutional offices; petition to circuit court to request no special elections. Chiefpatron: Hanger Allows the governing body of a county or city in which a vacancy in a constitutional office has occurred to request in its petition for a writ of election that the circuit court order the special election to be held at the next ensuing general election and allows the court to issue such writ. The bill also authorizes the governing body to petition the circuit court to request that no special election be ordered when the vacancy occurs within the 12 months immediately preceding the end of the term of that office and requires the court to grant such a request. The bill also contains technical amendments. SB 315 Voting equipment; locking and sealing of voting and counting machines after election. Chief patron: Dance Provides that if a voting or counting machine secured by removal of a data storage device containing the only record of votes cast for any office or on any question and the machine itself does not contain such a record, that machine is required to remain locked and sealed only until it is returned to the site at which voting and counting machines are stored in the locality. The sealed envelopes containin the equipment keys for such machines are required to be delivered to the electoral board no later than noon on the day following the election. The bill also provides that the requirements for locking and sealing voting equipment do not apply to any ballot marking device and its data storage device provided to meet accessibility requirements, where the number of persons voting in the election or the number of votes cast for any office or on any question are not recorded by the ballot marking device. All other voting systems are subject to current provisions for the locking and sealing of equipment. Eminent Domain SB 109 Eminent domain proceedings; commissioners to be summoned at least 30 days prior to service. Chiefpatron: Petersen Requires commissioners in eminent domain proceedings to be summoned at least 30 days prior to service. Under current law, such summons is required at least one week prior to service. 21 SB 237 Virginia Property Owners' Association Act; condemnation of common area. Chiefpatron: Petersen Provides that, for the purposes of condemnation, the value of a portion of a common area of a property owners' association shall be based on the common area's highest and best use as though it were free from restriction to sole use as a common area. FOIA HB 220 Virginia FOIA; public access to resumes and other information related to gubernatorial appointee. Chief patron: Taylor Provides that the personnel, working papers, and correspondence record exemption shall not be construed to authorize the withholding of any resumes or applications submitted by persons who are appointed by the Governor. The bill further provides that the resumes and applications for appointment submitted by persons who are appointed by the Governor shall be available to the public upon request. The bill provides that its provisions apply to persons appointed by the Governor on or after July 1, 2016. The bill contains technical amendments. HB 817 Virginia Freedom of Information Act; record exclusions, rule of redaction Chief patron: LeMunyon Reverses the holding of the Virginia Supreme Court in the case of Department of Corrections v. Surovell, by setting out the general rule of redaction, which provides that no provision of FOIA is intended, nor shall it be construed or applied, to authorize a public body to withhold a public record in its entirety on the grounds that some portion of the public record is excluded from disclosure by FOIA or by any other provision of law. Further, the bill states that a public record may be withheld from disclosure in its entirety only to the extent that an exclusion from disclosure under FOIA or other provision of law applies to the entire content of the public record. Otherwise, only those portions of the public record containing information subject to an exclusion under FOIA or other provision of law may be withheld, and all portions of the public record that are not so excluded shall be disclosed. The bill defines the term "information" and provides that it is declaratory of the law as is it existed prior to the September 17, 2015 decision of the Supreme Court of Virginia in the case of the Department of Corrections v. Surovell. The bill also reverses that part of the holding of the Virginia Supreme Court in the case of Department of Corrections v. Surovell by providing that in a FOIA enforcement action, no court shall be required to accord any weight to the determination of a public body as to whether an exclusion applies. The bill contains technical amendments. 22 HB 818 Virginia Freedom of Information Act; designation of officer, posting of rights and responsibilities. Chiefpatron: LeMunyon Requires certain local public bodies to post a FOIA rights and responsibilities document on its respective public government website. Also requires all state public bodies created in the executive branch of state government, including state authorities, and all local public bodies that are subject to FOIA to designate and publicly identify one or more FOIA officers whose responsibility is to serve as a point of contact for members of the public in requesting public records and to coordinate the public body's compliance with the provisions of FOIA. The bill sets out where contact information for the designated FOIA officer is to be posted. Requires that any such FOIA officer shall possess specific knowledge of the provisions of this chapter and be trained at least annually by legal counsel for the public body or the Virginia Freedom of Information Advisory Council. HB 1013 Threat assessment teams; dissemination of certain records and information. Chiefpatron: Massie Excludes from the Virginia Freedom of Information Act any records received by the Department of Criminal Justice Services pursuant to the operation of or for the purposes of evaluating threat assessment teams and oversight committees, school safety audits, and school crisis, emergency management, and medical emergency response plans of public schools and threat assessment teams of public institutions of higher, to the extent such records reveal security plans, walk-through checklists, or vulnerability and threat assessment components. The bill allows criminal record, juvenile record, and health record information to be disseminated to members of a threat assessment team established by a local school board. Current law allows only threat assessment teams established by an institution of higher education to access such information. The bill provides that no member of a threat assessment team shall redisclose any such information or use the information beyond the purpose for which the disclosure was made. HB 1016 Sexual assault response teams; participants in annual meeting, FOIA exclusion for records. Chiefpatron: Massie Adds the Title IX coordinator; representatives from the office of student affairs, human resources, and counseling services; and a representative of campus security of any institution of higher education in the jurisdiction to the list of persons invited to participate in the annual meeting of a sexual assault response team. The bill also excludes the records of a sexual assault response team from mandatory disclosure under the Virginia Freedom of Information Act. 23 HB 1318 Virginia Freedom of Information Act; noncriminal incidents and reports. Chiefpatron: Fowler Clarifies that the FOIA exclusion for noncriminal incidents and reports applies to any public body that engages in criminal law-enforcement activities and does not rely on the definition of "noncriminal incidents records" in § 15.2-1722 of the Code of Virginia. The bill addresses a decision of the Virginia Supreme Court in Fitzgerald v. Loudoun CountX Sheriffs Office. SB 493 FOIA; closed meeting not authorized for discussion of pay increases. Chief patron: Surovell Clarifies that nothing in the personnel exemption in the open meetings law of FOIA shall be construed to authorize a closed meeting by a local governing body or an elected school board to discuss compensation matters that affect the membership of such body or board collectively. SB 564 Virginia Freedom of Information Act; exclusions for school personnel licensure applications. Chief patron: Norment Excludes records of an application for licensure or renewal of a license for teachers and other school personnel, including transcripts or other documents submitted in support of an application, from the provisions of the Freedom of Information Act. SB 645 FOIA; exempt records concerning critical infrastructure information. Chiefpatron: McPike Defines the terms "critical infrastructure," "government infrastructure," "interdependency," and "security information" for purposes of FOIA and revises the related FOIA public safety record exemption to incorporate those terms. The bill also sets out conditions precedent in cases where a custodian of any public safety records elects to exercise his discretion to release such records. The bill contains technical amendments. EMERGENCY — Effective 4/6/16 Local Authority HB 80 Property certified as tax exempt; effective date of tax exemption. Chief patron: Byron 24 Provides that once the required certification for tax exemption is made by a state or local authority for pollution control equipment and other real and personal property that is required to be certified in order to be exempt, such property will be deemed to be exempt as of the date the property is placed in service. Current law requires that certain pollution control, recycling, and solar energy real and personal property placed in service must be certified as being used primarily for the purpose of abating or preventing pollution of the atmosphere or waters of the Commonwealth in order to be exempt from local property taxes but does not specify the beginning date for the exemption. HB 117/SB 719 Boats or other watercraft; excess width permits for transporting vehicles. Chiefpatron: Knight/DeSteph Authorizes the Commissioner of the Department of Motor Vehicles to issue permits for vehicles transporting boats or other watercraft that exceed an outside width of 102 inches but do not exceed an outside width of 108 inches; under current law, no such vehicle shall exceed an outside width of 102 inches. HB 148/SB 445 Real property tax assessment; changes date counties, cities, and towns are required to fix tax rate. Chiefpatron: Fowler/McDougle Changes from April 15 to May 15 the date by which a county, city, or town is required to fix the real property tax rate for taxes due on or before June 30. HB 168 Passing stopped school buses; mailing of summons. Chiefpatron: LaRock Provides that a locality that has authorized by ordinance the installation and operation of a video -monitoring system on school buses for recording violations of unlawfully passing a stopped school bus may execute a summons for such violation by mailing a copy of the summons to the owner of a vehicle that unlawfully passed a stopped school bus. HB 233/SB 79 Fire or rescue volunteers; mental health treatment; funding by locality. Chiefpatron: Minchew/Wexton Allows any locality to fund the cost of participation in mental health treatment and counseling programs by a member of a volunteer fire or rescue company. A mental health program in which such volunteers are eligible to participate must be comparable to an employee assistance program offered to paid employees of the locality. 25 HB 268/SB 414 Land Bank Entities Act; established. Chiefpatron: Marshall, D.W./Barker Authorizes the establishment of a land bank entity by any locality or two or more localities combined to assist in addressing vacant, abandoned, and tax -delinquent real properties. Under the bill, the locality has the option of (i) creating an authority or a nonprofit, nonstock corporation or (ii) designating an existing nonprofit entity that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code and eligible to receive donations from a locality pursuant to § 15.2-953 to carry out the functions of such land entity. The bill provides that land bank entities may acquire real property within participating localities or receive transfers and conveyances from the participating localities. Land bank entities are authorized to receive funding through grants and loans from participating localities, the Commonwealth, the federal government, and other public and private sources. In addition, the bill authorizes a locality to deem paid in full all accumulated taxes, penalties, interest, and other costs on any tax -delinquent property in exchange for conveyance of the property by the owner to a land bank entity. The bill also authorizes a participating locality to remit to the land bank entity up to 50 percent of the real property taxes collected on real property conveyed by a land bank entity for up to 10 years after the conveyance. This bill is a recommendation of the Virginia Housing Commission. HB 412 Aircraft, certain; local regulation. Chiefpatron: Kilgore Provides that no locality may regulate the use of privately owned, unmanned aircraft systems within its boundaries. The provisions of the bill expire on July 1, 2019. HB 467 Manufacturing companies; limited standing to seek injunctive relief against companies. Chief patron: Head Provides that no action shall be initiated or maintained to enjoin the continued use and operation of a previously existing manufacturing company solely on the basis of a claimant's use of a public park, recreational facility, or playground or public greenway. The bill does not limit actions brought by the Commonwealth, a locality, or another entity designated by the locality to have authority over the operation of a public park, recreational facility, or playground. HB 535 Beekeepers; limited liability. Chiefpatron: Bell, Richard P. Provides that a beekeeper shall not be liable for any personal injury or property damage that occurs in connection with his keeping and maintaining of bees, bee equipment, queen breeding equipment, apiaries, or appliances if he follows best management practices established in regulations adopted by the Board of Agriculture and Consumer Services. The immunity does not extend to intentional tortious conduct or acts of omissions that constitute gross negligence or negligence. The Board is directed to adopt initial regulations to be effective no later than November 1, 2016. HB 907 Virginia Public Procurement Act; term contracts for architectural and engineering services. Chief patron: Minchew Grants an exemption from the monetary caps for architectural and engineering services to transportation district commissions. The bill contains technical amendments. HB 1032 Vehicle registration; locality may impose penalty on owner annually as long as vehicle unregistered. Chiefpatron: Sickles Clarifies that a locality may impose a penalty of up to $250 upon the resident owner of a motor vehicle annually for as long as the motor vehicle remains unregistered in Virginia. HB 1108 Virginia Public Procurement Act; contracting generally, use of experience modification factor. Chiefpatron: Webert Prohibits the use of any experience modification factor as a condition of any bidder's or offeror's eligibility to participate in a solicitation for construction. The bill includes the above provision for any contract or offer to contract not covered by the VPPA. The bill also provides that it applies to any offer to contract as defined in the bill, Invitation to Bid, or Request for Proposal for construction services issued on or after July 1, 2016. The bill defines "experience modification factor." HB 1146/SB 389 Local permitting or licensure; consent of common interest community association prohibited. Chief patron: Hope/Surovell Prohibits a locality from requiring consent of a condominium association, homeowners' association, or real estate cooperative prior to the issuance of a permit, certificate, or license, including a building permit or a business license_ 27 HB 1166 Virginia Public Procurement Act; small purchase procedures, transportation -related construction. Chiefpatron: Morefield Provides that a public body may establish small purchase procedures not requiring competitive sealed bids or competitive negotiation for single or term contracts for transportation -related construction if the aggregate or sum of all phases is not expected to exceed $25,000. HB 1260 Declaration of local emergency; increases time in which localities call a session. Chief patron: Hodges Increases from 14 days to 45 days the time in which a local governing body shall call a special session, if a regularly scheduled session is not held, in order to confirm the declaration of a local emergency. HB 1299/SB 229 U. S. of America and the Commonwealth of Virginia; purchase of flags by public bodies. Chiefpatron: Edmunds/McEachin Provides that whenever a state or local public body or school division purchases a flag of the United States or a flag of the Commonwealth for public use, such flag must be made in the United States from articles, materials, or supplies that are grown, produced, and manufactured in the United States, if available. The bill has a delayed effective date of July 1, 2017. Effective 7/1/17 SB 163 Driving in flooded areas; localities may by ordinance prohibit, penalties. Chief patron: Locke Allows localities to by ordinance prohibit any person from operating a motor vehicle or watercraft on a flooded street in such a manner as to increase the level of floodwaters to a level that causes or could reasonably be expected to cause damage to any real or personal property and creates a Class 4 misdemeanor for a violation of such ordinance. The bill requires a locality to post signs warning of the prohibition and penalties. This prohibition does not apply to law-enforcement officers, firefighters, emergency medical services personnel, or operators of Department of Transportation or utility vehicles in the performance of their official duties. 28 SB 367 Coyotes; county or city ordinances, permits hunting with a rifle caliber larger than .22 rimfire. Chiefpatron: McDougle Adds the hunting of coyotes with a rifle of a caliber larger than .22 rimfire to the list of firearm -hunting topics about which a county or city is authorized to adopt ordinances. Current law allows the governing body of a county or city to adopt ordinances prohibiting hunting with certain types of shotguns, permitting groundhog hunting under certain conditions, permitting hunting with muzzleloaders, and specifying permissible ammunition types. The bill contains technical amendments. SB 418 Virginia Public Procurement Act; installation of artificial turf or other athletic surfaces. Chiefpatron: Vogel Excludes the purchase of installation of artificial turf or other athletic surfaces and all associated and necessary construction from the prohibition on using cooperative procurement to purchase construction. SB 517 State agencies; utilization of service disabled veteran businesses. Chiefpatron: McPike Requires every state agency to include as a component of any small business enhancement measure implemented by the Governor pursuant to subsection C of § 2.2- 4310 of the Code of Virginia a requirement for a minimum of five percent utilization of service disabled veteran businesses as defined in § 2.2-2001 of the Code of Virginia. SB 527 Bomb threats; reimbursement of expenses incurred in emergency response. Chief patron: Stuart Authorizes any locality to provide by ordinance that a person convicted of a felony violation of the bomb threat statute or the statute that penalizes the incitement of a bomb threat shall be liable for the reasonable expense, not to exceed $1,000, of an appropriate emergency response to the threat. Current law allows such an ordinance to subject a person to liability for the expense of the emergency response to an imitation version of a weapon of terrorism or fire bomb or other explosive device. SB 542 Delinquent sewer charges; lien on property, delinquent charges. Chief patron: Obenshain 29 Allows a locality that provides water or sewer service to a property owner, rather than to a tenant, to place a lien on the property receiving the service in the amount of the number of months of delinquent charges. Current law allows the placement of liens in the amount of up to three months of delinquent water and sewer charges. SB 690 Local tax officials; electronic dissemination of tax bills and tax documents. Chiefpatron: Petersen Authorizes treasurers, commissioners of the revenue, and other local tax officials to convey tax bills and other tax documents via electronic means, with the consent of the taxpayer, in lieu of mailing the bill or document. Current law only authorizes the treasurer to convey tax bills via electronic means. The bill also clarifies that consent of the taxpayer may be obtained electronically, so long as the taxpayer's identity is reasonably verified. SB 704 Overtime compensation; broadens definition of fire protection employees. Chief patron: Lucas Broadens the definition of "fire protection employee" for the purposes of determining eligibility for overtime compensation. Local Revenues HB 15 Personal property tax; classifications. Chiefpatron: Ware Provides that if an item of tangible personal property falls within multiple classifications for local taxation, the rate of taxation is the lowest rate assigned to such classifications. Current law provides that such personal property tax treatment applies only to motor vehicles and to computer equipment and peripherals used in a data center. HB 127/SB 99 Real property tax; exemption on residence of spouse of military service member killed in action. Chiefpatron: Knight/Cosgrove Clarifies that "killed in action" includes includes a determination by the U.S. Department of Defense of "died of wounds received in action" for purposes of the real property tax exemption on the residence of the surviving spouse. 30 HB 339 Recordation tax; securing of loan by locality for certain borrower. Chief patron: Pogge Provides an exemption from the grantor's tax if the grantor is a locality at a judicial sale of tax -delinquent property. The bill also provides an exemption from recordation tax for any deed of trust that secures a loan made by a locality to a borrower whose household income does not exceed 80% of the area median household income established by the U.S. Department of Housing and Urban Development for the purpose of erecting or rehabilitating a home for such borrower, including the purchase of land for such home. HB 421 Real property tax; exemptions for military members and their surviving spouses. Chiefpatron: Helsel Extends the property tax exemptions for the principal residences of certain disabled veterans and surviving spouses of members of the armed forces killed in action to include real property improvements made to the land surrounding such residences so long as the principal use of the improvement is (i) to house or cover motor vehicles or household goods and personal effects and (ii) for other than a business purpose. Article X, Section 6-A of the Constitution of Virginia exempts from local real property taxes the principal residences of (i) veterans with a 100 percent service -connected, permanent, and total disability and (ii) surviving spouses of members of the armed forces killed in action. Under the Code of Virginia, in general, up to one acre upon which the principal residence is situated is also exempt from local property taxes. The bill extends the exemption to other improvements made to such one acre so long as the principal use of the improvement is (i) to house or cover motor vehicles or household goods and personal effects and (ii) for other than a business purpose. The provisions of the bill are effective for tax years beginning on or after January 1, 2017. HB 537 Clerk of circuit court; local fees and fines paid directly to local government. Chief patron: Minchew Directs the clerk of the circuit court to pay local fees and fines collected by the general district or juvenile and domestic relations district courts directly to the local government. HB 596 Recordation tax; exemption of certain deeds of partition and deeds transferring property. Chiefpatron: Simon Exempts from recordation tax (i) certain deeds of partition and (ii) deeds transferring property pursuant to a divorce decree. Under current law, the tax on such deeds is $0.50. 31 HB 910/SB 597 Appeal of tax assessments; prior to receipt of information, person to sign acknowledgment of order. Chiefpatron: Minchew/Cosgrove Provides that, prior to the release of any confidential tax information pursuant to a discovery order, with regard to an application for relief to a circuit court to correct erroneous assessments of local taxes, the court shall issue an order stating that no entity or person who has obtained such confidential information shall disclose, exhibit, or discuss the information except as provided in the order. Requires that any outside expert or person who may be called as a witness given access to such confidential information be required to sign an acknowledgment of the order and agree to be bound by its terms and subject to the jurisdiction of the court for its enforcement. HB 1191 Retail Sales and Use Tax; exemption for certain items sold by a sheriff at a correctional facility. Chief patron: Knight Exempts from sales and use tax items sold by a sheriff at a local correctional facility to inmates and sales of prepared food within the correctional facility. HJ 123 Constitutional amendment; real property tax exemption. Chiefpatron: Hugo Provides that the General Assembly may provide for a local option to exempt from taxation the real property that is the primary residence of the surviving spouse of any law- enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel killed in the line of duty. SB 416 Limited Residential Lodging Act; established, penalty. Chiefpatron: Vogel Establishes the Limited Residential Lodging Act (the Act), which allows persons to rent out their primary residences or portions thereof for charge for periods of less than 30 consecutive days or do so through a hosting platform. Localities are preempted from adopting ordinances or zoning restriction prohibiting such short-term rentals, but authorized to adopt ordinances requiring persons renting their primary residences to have a minimum of $500,000 of liability insurance, prohibiting persons from renting their primary residences if they fail to pay applicable taxes, and requiring persons renting their primary residences to register with the locality. A hosting platform must register with the Department of Taxation to collect and remit all applicable taxes on behalf of the property owner using the hosting platform. The bill defines "limited residential lodging," "booking transaction," and "hosting platform" and provides for penalties for violations of the Act. 32 The bill contains a reenactment clause and directs the Housing Commission to convene a workgroup to further study the issues presented in the bill and make recommendations for consideration by the 2017 Session of the General Assembly. Effective — see bill SB 553 Nursing facilities; electronic monitoring. Chiefpatron: Cosgrove Directs the Board of Health (the Board) to promulgate regulations governing audio-visual recording of patients in nursing homes by July 1, 2017, and requires the Department of Health to convene a workgroup of stakeholders to make recommendations on such regulations. The workgroup shall report its recommendations to the Board and the General Assembly by December 1, 2016. SB 563 RS&U T; exemption for materials & equipment used to drill natural gas & oil, sunset provision. Chiefpatron: Norment Extends the sunset from July 1, 2016, to July 1, 2022, for the sales and use tax exemption for machinery and tools, materials, and supplies used to drill, extract, or process natural gas or oil. Mental Health Adult Mental Health HB 197 Commonwealth Mental Health First Aid Program; established. Chiefpatron: Lingamfelter Directs the Commissioner of the Department of Behavioral Health and Developmental Services to establish and maintain the Commonwealth Mental Health First Aid Program to provide training by certified trainers of individuals residing or working in the Commonwealth on how to identify and assist individuals who have or may be developing a mental health or substance use disorder or who may be experiencing a mental health or substance abuse crisis. HB 227/SB 358 Hearsay exceptions; admissibility of statements by children in certain cases. Chiefpatron: Albo/McDougle 33 Establishes a hearsay exception to certain out-of-court statements made by a child under the age of 13 at the time of trial in cases involving a violation or attempted violation of an "offense against children." The bill contains a list of certain felony sex offenses and certain felony offenses resulting in physical injury that fall within the definition of an "offense against children." The court must hold a hearing prior to trial and find that the time, content, and totality of the circumstances provide sufficient indicia of reliability so as to render such statement inherently trustworthy. The bill provides factors for the court to consider in making such a determination. Notice of intent to offer the statement and the particulars of the statement must be given to the adverse party at least 14 days in advance of the proceedings. HB 233/SB 79 Fire or rescue volunteers; mental health treatment; funding by locality. Chiefpatron: Minchew/Wexton Allows any locality to fund the cost of participation in mental health treatment and counseling programs by a member of a volunteer fire or rescue company. A mental health program in which such volunteers are eligible to participate must be comparable to an employee assistance program offered to paid employees of the locality. HB 248/SB 249 Financial exploitation of adults; documentation referred to local law-enforcement agency. Chief patron: Minchew/Black Provides that upon receipt of a report or during an adult protective services investigation of suspected financial exploitation of an adult who is 60 years old or older or incapacitated in which financial losses to such adult resulting from the exploitation are suspected to be greater than $50,000, the local department of social services or adult protective services hotline shall immediately refer the matter to the local law- enforcement agency for investigation. HB 523/SB 425 Higher educational institutions; student mental health policies. Chief patron: LeMunyon/Edwards Specifies that the contact person designated by a memorandum of understanding between a public four-year institution of higher education and a mental health care provider to be notified when a student is involuntarily committed, or when a student is discharged from a facility, shall be notified only to the extent allowable under state and federal privacy laws. 34 HB 536 Sponsored residential and shared living services; background checks for providers. Chiefpatron: Hope Establishes a requirement for a national fingerprint -based background check for providers of sponsored residential and shared living services. HB 543/SB 566 Involuntary psychiatric treatment of an inmate; petition filed by sheriff. Chiefpatron: Watts/Barker Clarifies that for the purposes of petitioning for the involuntary psychiatric treatment of an inmate in a local correctional facility, the petition shall be filed by the sheriff or other person in charge of the local correctional facility where the inmate is incarcerated. HB 582 Criminal defendants; evaluation for insanity or competence. Chiefpatron: Yost Sets qualifications for persons who conduct evaluations of criminal defendants where there is an issue of sanity or competency to stand trial. Evaluators will be required to send redacted copies of their reports to the Commissioner of Behavioral Health and Developmental Services for peer review in order to establish and maintain the list of approved evaluators. HB 583 Peer providers; Commissioner of BHDS to certify individuals in accordance with regulations. Chiefpatron: Yost Authorizes the Commissioner of Behavioral Health and Developmental Services to certify individuals as peer providers in accordance with regulations adopted by the Board of Behavioral Health and Developmental Services. HB 616 Discharge from involuntary admission; advance directive. Chiefpatron: Bell, Robert B. Requires that, prior to the release from involuntary admission or discharge from involuntary admission to mandatory outpatient treatment of an individual who has not executed an advance directive, the individual be given a written explanation of the procedures for executing an advance directive and an advance directive form. 35 HB 1110 Temporary detention; notice of recommendation, communication with magistrate. Chiefpatron: Bell, Robert B. Provides that the magistrate conducting a temporary detention hearing shall consider, if available, information provided by the person who initiated emergency custody. The bill also requires the community services board evaluating a person for temporary detention, if the evaluator recommends that the person not be subject to temporary detention, (i) to notify, if present, the person who initiated emergency custody of such recommendation in addition to the current obligation to notify the petitioner and an onsite treating physician; (ii) to promptly inform the person who initiated emergency custody that the community services board will facilitate communication between such person and the magistrate if such person disagrees with the recommendation of the community services board; and (iii) to arrange for the person who initiated emergency custody to communicate, upon request, with the magistrate as soon as practicable prior to the expiration of the period of emergency custody. Finally, the bill imposes a duty on health care providers providing services to a person subject to emergency custody, temporary detention, or involuntary admission proceedings to make a reasonable attempt to notify the person's family member or personal representative and clarifies that such representative includes an agent named in an advance directive; currently, such health care provider has discretion as to whether to make such notification. HJ 45 Health insurance; coverage for abuse deterrent formulations for opioid medications. Chief patron: Byron Continues the study by the Health Insurance Reform Commission of mandating health insurance coverage for abuse deterrent formulations for opioid medications. SB 265 Nurse Licensure Compact; current Compact replaced with a revised version. Chiefpatron: Dance Replaces the current Nurse Licensure Compact to which Virginia is a party with a revised version. The current Nurse Licensure Compact is a multistate nursing compact that provides the structure for the reciprocal recognition of other states' licenses to practice as a registered nurse or a licensed practical nurse. The revised compact, among other changes, adds recognition of other states' licenses to practice as a licensed vocational nurse. The bill becomes effective upon adoption of the Nurse Licensure Compact by 26 states or on December 31, 2018, whichever occurs first. The bill repeals the current Nurse Licensure Compact, Article 6 (§ 54.1-3030 et seq.) of Chapter 30 of Title 54. 1, effective on the date the new compact becomes effective. The bill also provides that the Virginia Nurses Association may request that the General Assembly reconsider the Nurse Licensure Compact if its constituency becomes dissatisfied with the Compact's provisions. Effective - see bill SB 350 Prisoners; treatment to those unable to give consent for medical or mental health treatment. Chiefpatron: Deeds Adds licensed professional counselors and licensed clinical social workers to the list of providers who are required by court order to inform the court and the prisoner's attorney of any change in the prisoner's condition resulting in restoration of the prisoner's capability to consent to treatment. SB 567 Temporary detention; notice of recommendation, communication with magistrate. Chiefpatron: Barker Provides that the magistrate conducting a temporary detention hearing shall consider, if available, information provided by the person who initiated emergency custody. The bill also requires the community services board evaluating a person for temporary detention, if the evaluator recommends that the person not be subject to temporary detention, (i) to notify, if present, the person who initiated emergency custody of such recommendation in addition to the current obligation to notify the petitioner and an onsite treating physician; (ii) to promptly inform the person who initiated emergency custody that the community services board will facilitate communication between such person and the magistrate if such person disagrees with the recommendation of the community services board; and (iii) to arrange for the person who initiated emergency custody to communicate, upon request, with the magistrate as soon as practicable prior to the expiration of the period of emergency custody. Finally, the bill imposes a duty on health care providers providing services to a person subject to emergency custody, temporary detention, or involuntary admission proceedings to make a reasonable attempt to notify the person's family member or personal representative and clarifies that such representative includes an agent named in an advance directive; currently, such health care provider has discretion as to whether to make such notification. Child Mental Health HB 227/SB 358 Hearsay exceptions; admissibility of statements by children in certain cases. Chiefpatron: Albo/McDougle 37 Establishes a hearsay exception to certain out-of-court statements made by a child under the age of 13 at the time of trial in cases involving a violation or attempted violation of an "offense against children." The bill contains a list of certain felony sex offenses and certain felony offenses resulting in physical injury that fall within the definition of an "offense against children." The court must hold a hearing prior to trial and find that the time, content, and totality of the circumstances provide sufficient indicia of reliability so as to render such statement inherently trustworthy. The bill provides factors for the court to consider in making such a determination. Notice of intent to offer the statement and the particulars of the statement must be given to the adverse party at least 14 days in advance of the proceedings. HB 523/SB 425 Higher educational institutions; student mental health policies. Chiefpatron: LeMunyon/Edwards Specifies that the contact person designated by a memorandum of understanding between a public four-year institution of higher education and a mental health care provider to be notified when a student is involuntarily committed, or when a student is discharged from a facility, shall be notified only to the extent allowable under state and federal privacy laws. HB 1110 Temporary detention; notice of recommendation, communication with magistrate. Chiefpatron: Bell, Robert B. Provides that the magistrate conducting a temporary detention hearing shall consider, if available, information provided by the person who initiated emergency custody. Also requires the CSB evaluating a person for temporary detention, if the evaluator recommends that the person not be subject to temporary detention, (i) to notify, if present, the person who initiated emergency custody of such recommendation in addition to the current obligation to notify the petitioner and an treating physician; (ii) to promptly inform the person who initiated emergency custody that the community services board will facilitate communication between such person and the magistrate if such person disagrees with the recommendation of the community services board; and (iii) to arrange for the person who initiated emergency custody to communicate, upon request, with the magistrate as soon as practicable prior to the expiration of the period of emergency custody. Imposes a duty on health care providers providing services to a person subject to emergency custody, temporary detention, or involuntary admission proceedings to make a reasonable attempt to notify the person's family member or personal representative and clarifies that such representative includes an agent named in an advance directive; currently, such health care provider has discretion as to such notification. HB 1213 Minors; certain education records as evidence. Chiefpatron: Albo 38 Provides that in any proceeding where a juvenile is alleged to have committed a delinquent act that would be a misdemeanor if committed by an adult on school property, property solely being used for a school -related or school -sponsored activity, or a school bus, the juvenile may introduce into evidence as relevant to whether he acted intentionally or willfully any document created prior to the commission of the delinquent act that relates to certain educational plans or behavioral assessments. Provides that such documents shall be admitted as evidence of the facts stated therein, provided that the minor gives notice of his intent to introduce such evidence and copies of such evidence to the attorney for the Commonwealth at least 10 days before trial. The bill allows such reports or documents to be placed under seal by the court. Incorporates HB 1200. SB 225 Autism Advisory Council; extends sunset provision. Chiefpatron: Hanger Extends from July 1, 2016, to July 1, 2018, the expiration of the Autism Advisory Council. Planning and Land Use Land Conservation, Open Space, Parks, PDRs HB 268/SB 414 Land Bank Entities Act; established. Chiefpatron: Marshall, D.W./Barker Authorizes the establishment of a land bank entity by any locality or two or more localities combined to assist in addressing vacant, abandoned, and tax -delinquent real properties. Under the bill, the locality has the option of (i) creating an authority or a nonprofit, nonstock corporation or (ii) designating an existing nonprofit entity that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code and eligible to receive donations from a locality pursuant to § 15.2-953 to carry out the functions of such land entity. The bill provides that land bank entities may acquire real property within participating localities or receive transfers and conveyances from the participating localities. Land bank entities are authorized to receive funding through grants and loans from participating localities, the Commonwealth, the federal government, and other public and private sources. In addition, the bill authorizes a locality to deem paid in full all accumulated taxes, penalties, interest, and other costs on any tax -delinquent property in exchange for conveyance of the property by the owner to a land bank entity. The bill also authorizes a participating locality to remit to the land bank entity up to 50 percent of the real property taxes collected on real property conveyed by a land bank entity for up to 10 years after the conveyance. This bill is a recommendation of the Virginia Housing Commission. 39 HB 1344/SB 731 Bonds; certain capital projects. Chiefpatron: Jones/Hanger, Norment Authorizes the Virginia Public Building Authority and the Virginia College Building Authority to issue bonds in a total aggregate amount not to exceed $2,067,651,677 plus costs to fund certain capital projects, including certain state parks. Land Use & Growth Management HB 114 Agritourism; notice posted on signs to read "ATTENTION" rather than "WARNING" at locations. Chiefpatron: Knight Provides the operators of agritourism locations with the option of using the terms "WARNING" or "ATTENTION" on signage or contracts that indicate the operator's immunity from liability in the case of injury or death while at the facility. If such notice is not provided, the operator cannot invoke the immunity privilege. HB 283/SB 136 Electrical transmission line siting; hearing requested by locality. Chiefpatron: Minchew/Favola Requires the State Corporation Commission (SCC) to hold at least one hearing in the area that would be affected by construction of an electrical transmission line of 138 kV or more, upon the request of the governing body of any county or municipality through which the line is proposed to be built. Currently the SCC is required to conduct a hearing in the affected area if requested by 20 or more interested parties. The measure also provides that the affected localities are given the same protections whenever a significantly different route is deemed desirable by the SCC. HB 367 Nonconforming uses; uses that do not conform to zoning prescribed for district, etc. Chiefpatron: Davis Provides that if a use does not conform to the zoning prescribed for the district in which such use is situated, and if (i) a business license was issued by the locality for such use and (ii) the holder of such business license has operated continuously for at least 15 years and has paid all local taxes related to such use, the locality shall permit the holder of such business license to apply for a rezoning or a special use permit without charge by the locality or any agency affiliated with the locality for fees associated with such filing. 40 HB 526 Living shorelines; tax exemption from local property taxes. Chiefpatron: Hodges Provides that any living shoreline project approved by the Virginia Marine Resources Commission or the applicable local wetlands board and not prohibited by local ordinance shall qualify for full exemption from local property taxes. HB 647/SB 361 Tree conservation; locality to post signs on private property that is proposed to be redeveloped. Chiefpatron: Sullivan/Favola Provides that the ordinance may allow a locality to post signs on private property that is proposed to be redeveloped with one single family home that notifies the public that an infill lot grading plan is pending for review before the locality. The locality may not require the applicant to be responsible for such posting, and the failure to post the property shall not be a ground for denial of such grading plan. HB 746 Virginia Residential Property Disclosure Act; required disclosures, zoning and permitted uses. Chiefpatron: Bell, John J. Requires the disclosure to purchasers of the zoning classification or permitted uses of parcels adjacent to the parcel that is being purchased. SB 237 Virginia Property Owners' Association Act; condemnation of common area. Chiefpatron: Petersen Provides that, for the purposes of condemnation, the value of a portion of a common area of a property owners' association shall be based on the common area's highest and best use as though it were free from restriction to sole use as a common area. SB 407 Onsite sewage systems; conventional and alternative discharging systems, civil penalties. Chiefpatron: Wexton Provides that any locality that has a record of the location of conventional onsite sewage systems and alternative discharging systems and that meet certain other criteria may adopt an ordinance establishing a uniform schedule of civil penalties for violations of specified provisions for the operation and maintenance of such systems. Currently, the provisions apply only to alternative onsite sewage systems. The bill also provides that no 41 criminal action shall proceed if the violation is abated or remedied through civil enforcement. SB 549 Conditional zoning; provisions applicable to certain rezoning proffers. Chiefpatrons: Obenshain, Saslaw Provides that no locality shall (i) request or accept any unreasonable proffer in connection with a rezoning or a proffer condition amendment as a condition of approval of a new residential development or new residential use or (ii) deny any rezoning application, including an application for amendment to an existing proffer, for a new residential development or new residential use where such denial is based on an applicant's failure or refusal to submit, or remain subject to, an unreasonable proffer. A proffer shall be deemed unreasonable unless it addresses an impact that is specifically attributable to a proposed new residential development or other new residential use applied for. An offsite proffer shall be deemed unreasonable pursuant to the above unless it addresses an impact to an off-site public facility such that (a) the new residential development or new residential use creates a need, or an identifiable portion of a need, for one or more public facility improvements in excess of existing public facility capacity at the time of the rezoning or proffer condition amendment and (b) each such new residential development or new residential use applied for receives a direct and material benefit from a proffer made with respect to any such public facility improvements. In any action in which a locality has denied a rezoning or an amendment to an existing proffer and the aggrieved applicant proves by a preponderance of the evidence that it refused or failed to submit, or remain subject to, an unreasonable proffer that it has proven was suggested, requested, or required, formally or informally, by the locality, the court shall presume, absent clear and convincing evidence to the contrary, that such refusal or failure was the controlling basis for the denial. Social Services Adult Social Services HB 240 Homeless veterans; Secretary of Veterans and Defense Affairs to assist in a identification. Chief patron: Lingamfelter Requires the Secretary of Veterans and Defense Affairs to coordinate with federal, state, local, and private partners to assist homeless veterans in obtaining a state -issued identification card, in order to enable these veterans to access the available federal, state, local, and other resources they need to attain financial stability or address other issues that have adversely affected their lives. 42 HB 248/SB 249 Financial exploitation of adults; documentation referred to local law-enforcement agency. Chiefpatron: Minchew/Black Provides that upon receipt of a report or during an adult protective services investigation of suspected financial exploitation of an adult who is 60 years old or older or incapacitated in which financial losses to such adult resulting from the exploitation are suspected to be greater than $50,000, the local department of social services or adult protective services hotline shall immediately refer the matter to the local law- enforcement agency for investigation. HB 293/SB 513 Prescription Monitoring Program; requirements of prescribers of benzodiazepine or opiates. Chief patron: Herring/Dunnavant Requires a prescriber to obtain information from the Prescription Monitoring Program at the time of initiating a new course of treatment that includes the prescribing of opioids anticipated to last more than 14 consecutive days. Currently, a prescriber must request such information when a course of treatment is expected to last 90 days. The bill also eliminates the requirement that a prescriber request information about a patient from the Prescription Monitoring Program when prescribing benzodiazepine; allows a prescriber to delegate the duty to request information from the Prescription Monitoring Program to another licensed, registered, or certified health care provider who is employed at the same facility under the direct supervision of the prescriber or dispenser who has routine access to confidential patient data and has signed a patient data confidentiality agreement; and creates an exemption from the requirement that a prescriber check the Prescription Monitoring Program for cases in which (i) the opioid is prescribed to a patient currently receiving hospice or palliative care; (ii) the opioid is prescribed to a patient as part of treatment for a surgical procedure, provided that such prescription is not refillable; (iii) the opioid is prescribed to a patient during an inpatient hospital admission or at discharge; (iv) the opioid is prescribed to a patient in a nursing home or a patient in an assisted living facility that uses a sole source pharmacy; (v) the Prescription Monitoring Program is not operational or available due to temporary technological or electrical failure or natural disaster; or (vi) the prescriber is unable to access the Prescription Monitoring Program due to emergency or disaster and documents such circumstances in the patient's medical record. The bill requires the Director of the Department of Health Professions to report to the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health on utilization of the Prescription Monitoring Program and any impact on the prescribing of opioids. The provisions of the bill expire on July 1, 2019. 43 HB 342/SB 466 Guardianship; communication between incapacitated person and others. Chiefpatron: Pogge/Wagner Provides that a guardian shall not unreasonably restrict an incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship. HB 420 Auxiliary grants; regulations adopted by Commissioner of DARS for adult foster care home, etc. Chief patron: Helsel Clarifies that regulations adopted by the Commissioner of the Department for Aging and Rehabilitative Services shall establish auxiliary grant rates for adult foster care homes and licensed assisted living facilities, the process for reporting and certification, and services to be provided to auxiliary grant recipients and paid for using auxiliary grant funds. The bill eliminates specific requirements for regulations related to reporting certain allowable costs and resident charges, the time period for reporting such costs, forms to be used, financial reviews, and audits of reported costs and clarifies processes for calculating auxiliary grant rates. HB 428 Prisoner's spouse or children; support payments by county or city. Chief patron: Hope Designates the Department of Social Services as the entity to which a county or city within the boundaries of which a prisoner is put to work on a workhouse, city farm, or work squad shall pay funds for the support of the prisoner's spouse or children. Increases the minimum amount that the county or city shall pay from $5 to $20 and increases the maximum amount that the county or city shall pay from $25 to $40 for each week in the discretion of the court during any part of which any work is performed by the prisoner. HB 435 Adult day care centers; exempt from licensure, Programs of All -Inclusive Care for the Elderly. Chiefpatron: Stolle Exempts adult day care centers that provide services only to individuals enrolled in a Programs of All -Inclusive Care for the Elderly program from the requirement for obtaining a license issued by the Department of Social Services. 44 HB 485 Assault; person charged with simple assault against family or household member. Chiefpatron: McClellan Provides that a first offense of simple assault against a family or household member may be subject to deferral and dismissal. Under current law, first offender status is only available to a person who commits assault and battery against a family or household member. HB 523/SB 425 Higher educational institutions; student mental health policies. Chief patron: LeMunyon/Edwards Specifies that the contact person designated by a memorandum of understanding between a public four-year institution of higher education and a mental health care provider to be notified when a student is involuntarily committed, or when a student is discharged from a facility, shall be notified only to the extent allowable under state and federal privacy laws. HB 674 Kinship foster care; waiver of foster home approval standards. Chiefpatron: Peace Allows local boards of social services, subject to approval by the Commissioner of the Department of Social Services, to grant a waiver regarding the Board's standards for foster home approval, set forth in regulations, that are not related to safety. HB 676 Financial exploitation of adults; DARS work group to study. Chiefpatron: Peace Directs the Commissioner of the Department for Aging and Rehabilitative Services (DARS), together with the Director of the Department for Planning and Budget or his designee, representatives of DARS' Adult Protective Services Unit and local department of social services' adult protective services units, law-enforcement agencies, financial institutions in the Commonwealth, and organizations representing elderly individuals and adults with disabilities, to determine the cost of financial exploitation of adults in the Commonwealth and develop recommendations for improving the ability of financial institutions to identify financial exploitation of adults, the process by which financial institutions report suspected financial exploitation of adults, and interactions between financial institutions and local adult protective services units investigating reports of suspected financial exploitation of adults and to report on his activities and recommendations to the Governor and the General Assembly by January 1, 2017. 45 HB 711 Protective orders in cases of family abuse; possession of premises. Chiefpatron: Watts Provides that in a protective order in the case of family abuse, a person who is not a tenant or authorized occupant of the dwelling unit and who has obtained a protective order from a court of competent jurisdiction granting such person possession of the premises to the exclusion of one or more co -tenants or authorized occupants may provide a copy of such order to the landlord and submit a rental application to become a tenant in such dwelling unit within 10 days of the entry of such order. If such person's rental application meets the landlord's tenant selection criteria, such person may become a tenant in such dwelling unit under a written rental agreement. If such person submits a rental application and does not meet the landlord's tenant selection criteria, such person shall vacate the dwelling unit no later than 30 days after the date the landlord gives such person written notice that his rental application has been rejected. If such person does not provide a copy of the protective order to the landlord and submit a rental application to the landlord within 10 days as required, such person shall vacate the dwelling unit no later than 30 days after the date of the entry of such order. Such person shall be liable to the landlord for failure to vacate the dwelling unit. The bill provides that any tenant obligated on a rental agreement shall pay the rent and otherwise comply with any and all requirements of the rental agreement and any applicable laws and regulations. The landlord may pursue all of its remedies under the rental agreement and applicable laws and regulations, including filing an unlawful detainer action to obtain a money judgment and to evict any persons residing in such dwelling unit. The bill contains a technical amendment. HB 740 Federal Rehabilitation Act and Older Americans Act; amends certain language in Code. Chief patron: Yost Amends certain language in the Code of Virginia to conform to the federal Rehabilitation Act. The bill adds to the services to be provided through grants or contracts with centers for independent living to include services that (i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, (ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community, and (iii) facilitate the transition of youth with significant disabilities, who were eligible for individualized education programs under the Individuals with Disabilities Education Act or who have completed their secondary education, to post- secondary life. The bill also requires that individualized plans for employment for recipients of vocational rehabilitation services provided or funded by the Department for Aging and Rehabilitative Services (DARS) be developed as soon as possible, but not later than 90 days after the due date of the determination of eligibility. The bill also repeals a section of the Code of Virginia that lists certain services employers may provide through projects with DARS designed to provide vocational rehabilitation in realistic employment settings and to provide on-the-job training for persons with disabilities. HB 991 Virginia Initiative for Employment Not Welfare (VIEW); education and training programs. Chief patron: Lopez Allows local departments of social services to place VIEW participants who are in need of job skills and who would benefit from additional job skills training in an apprenticeship program developed by the local department in accordance with requirements established by the Department of Social Services. HB 1026 Social Services, Department of; electronic notices. Chiefpatron: Sickles Allows the Department of Social Services to deliver certain notices by electronic means, which in some cases is access to a secure portal for receipt of such notices. Under current law, such notices generally require service of notice or delivery by certified mail, return receipt requested. The bill allows the delivery by electronic means of notices of (i) intent to suspend a debtor's driver's license due to delinquency in the payment of child support; (ii) the availability of federal and state earned income tax credits to all recipients of public benefits; (iii) an action to enforce certain orders directing the payment of child or spousal support; (iv) an action to review the amount of support ordered; (v) withholding from a noncustodial parent's income for support obligations; (vi) intent to enforce a support lien by distraint, seizure, and sale of the property subject to such lien; (vii) a petition for a court order to suspend any license, certificate, registration, or other authorization to engage in a business, trade, or recreational activity issued to the obligor of a support order by the Commonwealth due to delinquency in payment; (viii) certain administrative decisions of hearing officers; and (ix) payments of public assistance benefits or child support services. HB 1056 Family abuse protective orders; extension of orders. Chiefpatron: Bell, Robert B. Corrects a reference to a member of the respondent's family or household to be consistent with the defined term "family or household member," relating to petitioners in proceedings for extensions of protective orders in cases of family abuse. HB 1103 ABLE savings trust accounts; exclusion from determination of state means -tested assistance, etc. Chiefpatron: Filler -Corn 47 Provides that notwithstanding any other provision of state law that requires consideration of one or more financial circumstances of an individual for the purpose of determining (i) the individual's eligibility to receive any assistance or benefit pursuant to such provision of state law or (ii) the amount of any such assistance or benefit that such individual is eligible to receive pursuant to such provision of state law, any (a) moneys in an ABLE savings trust account for which such individual is the beneficiary, including any interest on such moneys, (b) contributions to an ABLE savings trust account for which such individual is the beneficiary, and (c) distribution for qualified disability expenses for such individual from an ABLE savings trust account for which such individual is the beneficiary shall be disregarded for such purpose with respect to any period during which such individual remains the beneficiary of, makes contributions to, or receives distributions for qualified disability expenses from such ABLE savings trust account. HB 1266 Guardianship appointments, modifications, and terminations; notice sent to DMAS. Chiefpatron: Habeeb Requires that notices of guardianship appointments, modifications, and terminations be sent to the Department of Medical Assistance Services. Current law requires that such notices be sent only to the local department of social services. HB 1267 Guardianship or conservatorship; orders prior to the respondent's 18th birthday. Chiefpatron: Habeeb Clarifies that a court may enter an order of appointment for a respondent's parent or guardian, or other person if there is no living parent or guardian, prior to the respondent's eighteenth birthday. The bill requires that any such order state whether the order takes effect immediately upon entry or on the child's eighteenth birthday. HB 1391/SB 49 Protective orders; possession of firearms, penalty. Chief patron: Howell/Murphy Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for family abuse to possess a firearm while the order is in effect. The bill also provides that such person may continue to possess and transport a firearm for 24 hours after being served with the order for the purposes of selling or transferring the firearm to another person. Under current law, it is a Class 1 misdemeanor for a person subject to a protective order to purchase or transport a firearm. 48 HJ 45 Health insurance; coverage for abuse deterrent formulations for opioid medications. Chiefpatron: Byron Continues the study by the Health Insurance Reform Commission of mandating health insurance coverage for abuse deterrent formulations for opioid medications. SB 162 Family violence fatality review teams; definition of fatal family violence incident. Chief patron: Howell Specifies that for the purpose of referring such incident to a local family violence fatality review team "fatal family violence incident" means any fatality that occurred or that is suspected of having occurred in the context of abuse between family members or intimate partners. SB 455 Social Services, Department of; information sharing. Chief patron: Dunnavant Requires the Department of Social Services to provide access to information regarding a medical assistance applicant's receipt of public assistance from programs administered by the Department to entities approved by the Board of Medical Assistance Services to receive applications and to determine eligibility for medical assistance. Child Social Services HB 47 Mixed -Delivery Preschool Fund and Grant Program; established, report, sunset provision. Chiefpatron: Greason Establishes the Mixed -Delivery Preschool Services Fund and Grant Program for the purpose of awarding grants on a competitive basis to urban, suburban, and rural community applicants to field-test innovative strategies and evidence -based practices that support a robust system of mixed -delivery preschool services in the Commonwealth. The bill requires the Virginia Early Childhood Foundation (the Foundation) to administer a request for proposal process to invite community applicants to respond with localized innovations and approaches to a mixed -delivery preschool services system. Grants are awarded by the Foundation and priority is given to applicants who (i) commit to pursuing models of local governance that promote the successful mixed delivery of preschool services, (ii) compare classroom and child outcomes among teachers with different credentials and qualifications, (iii) utilize incentives to encourage participation, and (iv) 49 utilize strategic assessment to discern outcomes. The bill requires the award of six two- year grants during each year of the 2016-2018 biennium. The bill has an expiration date of July 1, 2019. HB 227/SB 358 Hearsay exceptions; admissibility of statements by children in certain cases. Chiefpatron: Albo/McDougle Establishes a hearsay exception to certain out-of-court statements made by a child under the age of 13 at the time of trial in cases involving a violation or attempted violation of an "offense against children." The bill contains a list of certain felony sex offenses and certain felony offenses resulting in physical injury that fall within the definition of an "offense against children." The court must hold a hearing prior to trial and find that the time, content, and totality of the circumstances provide sufficient indicia of reliability so as to render such statement inherently trustworthy. The bill provides factors for the court to consider in making such a determination. Notice of intent to offer the statement and the particulars of the statement must be given to the adverse party at least 14 days in advance of the proceedings. HB 287 Mediation; fee paid to mediators appointed in certain cases. Chiefpatron: Habeeb Provides that, where a referral to mediation includes both custody or visitation and child or spousal support, the referral to mediation is considered to be two separate appointments. HB 337 Neurodegenerative diseases; informed consent to experimental treatment. Chiefpatron: Pogge Provides that in the case of persons suffering from neurodegenerative diseases causing progressive deterioration of cognition for which there is no known cure, the implementation of experimental courses of therapeutic treatment, including non- pharmacological treatment, to which a legally authorized representative has given informed consent shall not constitute the use of force. This provision replaces a current provision that informed consent to experimental courses of treatment, without reference to non -pharmacological treatment, given by a legally authorized representative shall not constitute the use of force in cases of organic brain diseases causing progressive deterioration in which there is no known cure or medically accepted treatment to the disorder. HB 428 Prisoner's spouse or children; support payments by county or city. Chiefpatron: Hope 50 Designates the Department of Social Services as the entity to which a county or city within the boundaries of which a prisoner is put to work on a workhouse, city farm, or work squad shall pay funds for the support of the prisoner's spouse or children. The bill increases the minimum amount that the county or city shall pay from $5 to $20 and increases the maximum amount that the county or city shall pay from $25 to $40 for each week in the discretion of the court during any part of which any work is performed by the prisoner. HB 497 Uniform Child Custody Jurisdiction and Enforcement Act; exclusive, continuing jurisdiction. Chiefpatron: Campbell Provides that the Commonwealth has exclusive, continuing jurisdiction to modify a child custody order that is subject to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) so long as a parent of the child continues to live in the Commonwealth. Under current state law, both parents must reside in the Commonwealth for the court to retain exclusive, continuing jurisdiction. The bill conforms the law to the UCCJEA. This bill is a recommendation of the Boyd -Graves Conference. HB 600 Child welfare; imposes certain mandates related to protection and encouragement of children. Chiefpatron: Bell, Richard P. Imposes certain mandates related to the protection and encouragement of children, including a requirement that certain information and options be given to a child in connection with foster care plans, the imposition of certain age-appropriate restrictions, and requirements of both the courts and the Department of Social Services regarding foster care plans. Adds to the definition of abused or neglected child any child who has been identified as a victim of sex trafficking or severe forms of trafficking as defined by the federal law. HB 669 CASA Program, Advisory Committee to; membership shall include a judge. Chiefpatron: Peace Provides that the membership of the Advisory Committee that advises the Criminal Justice Services Board on matters related to the Court -Appointed Special Advocate Program shall include a juvenile & domestic relations district court or circuit court judge. HB 674 Kinship foster care; waiver of foster home approval standards. Chief patron: Peace 51 Allows local boards of social services, subject to approval by the Commissioner of the Department of Social Services, to grant a waiver regarding the Board's standards for foster home approval, set forth in regulations, that are not related to safety. HB 681/SB 133 Trafficking in persons; civil action. Chief patron: Leftwich/Edwards Creates a civil cause of action against individuals who engage in (i) abduction of any person for the purpose of prostitution, any child under 16 years of age for concubinage, or any minor for the purpose of manufacturing child pornography; (ii) solicitation of prostitution from a minor; or (iii) commercial sex trafficking, or who aid in the conduct thereof. HB 782 Social services, local board; proceedings against persons liable for support. Chiefpatron: Helsel Repeals authority of a local board of social services to proceed in a manner provided by law against any person who is liable for support of an applicant or recipient of public assistance to require such person, if of sufficient financial ability, to provide the support. HB 920 Barrier crimes; conviction or finding not guilty by reason of insanity. Chiefpatron: Mason Adds conviction or a finding that a person is not guilty by reason of insanity of any offense that results in the offender's requirement to register with the Sex Offender and Crimes Against Minors Registry to the list of crimes that constitute a barrier to licensure as a child welfare agency or assisted living facility, approval as a foster or adoptive parent by a child -placing agency, approval as a family day home by a family day system, or employment or serving as a volunteer at a children's residential facility, assisted living facility, adult day care center, or child welfare agency. HB 1026 Social Services, Department of; electronic notices. Chiefpatron: Sickles Allows the Department of Social Services to deliver certain notices by electronic means, which in some cases is access to a secure portal for receipt of such notices. Under current law, such notices generally require service of notice or delivery by certified mail, return receipt requested. The bill allows the delivery by electronic means of notices of (i) intent to suspend a debtor's driver's license due to delinquency in the payment of child support; (ii) the availability of federal and state earned income tax credits to all recipients of public benefits; (iii) an action to enforce certain orders directing the payment of child or spousal support; (iv) an action to review the amount of support ordered; (v) withholding 52 from a noncustodial parent's income for support obligations; (vi) intent to enforce a support lien by distraint, seizure, and sale of the property subject to such lien; (vii) a petition for a court order to suspend any license, certificate, registration, or other authorization to engage in a business, trade, or recreational activity issued to the obligor of a support order by the Commonwealth due to delinquency in payment; (viii) certain administrative decisions of hearing officers; and (ix) payments of public assistance benefits or child support services. HB 1056 Family abuse protective orders; extension of orders. Chiefpatron: Bell, Robert B. Corrects a reference to a member of the respondent's family or household to be consistent with the defined term "family or household member," relating to petitioners in proceedings for extensions of protective orders in cases of family abuse. HB 1103 ABLE savings trust accounts; exclusion from determination of state means -tested assistance, etc. Chiefpatron: Filler -Corn Provides that notwithstanding any other provision of state law that requires consideration of one or more financial circumstances of an individual for the purpose of determining (i) the individual's eligibility to receive any assistance or benefit pursuant to such provision of state law or (ii) the amount of any such assistance or benefit that such individual is eligible to receive pursuant to such provision of state law, any (a) moneys in an ABLE savings trust account for which such individual is the beneficiary, including any interest on such moneys, (b) contributions to an ABLE savings trust account for which such individual is the beneficiary, and (c) distribution for qualified disability expenses for such individual from an ABLE savings trust account for which such individual is the beneficiary shall be disregarded for such purpose with respect to any period during which such individual remains the beneficiary of, makes contributions to, or receives distributions for qualified disability expenses from such ABLE savings trust account. HB 1189 Child welfare agency; operating without a license, abuse and neglect of child, penalty. Chief patron: Hester Provides that operating or engaging in the conduct of a child welfare agency without first obtaining a license when it is known that such license is required or after such license has been revoked or has expired constitutes a willful act or willful omission for purpose of the crime of abuse and neglect of a child. Under current law, a parent, guardian, or other person responsible for the care of a child who by willful act or omission causes or permits serious injury to the life or health of such child is guilty of abuse and neglect of a child, which is punishable as a Class 4 felony. 53 HB 1207/SB 346 Family and Children's Trust Fund; exempt from taxation. Chiefpatron: Peace/Dance Clarifies that the Family and Children's Trust Fund performs an essential governmental function and thus gifts, contributions, grants, devises, or bequests, whether personal or real property, and the income therefrom, accepted by the Trust Fund are exempt from all state and local taxes and regarded as the property of the Commonwealth for the purposes of all tax laws. HB 1213 Minors; certain education records as evidence. Chiefpatron: Albo Provides that in any proceeding where a juvenile is alleged to have committed a delinquent act that would be a misdemeanor if committed by an adult on school property, property solely being used for a school -related or school -sponsored activity, or a school bus, the juvenile may introduce into evidence as relevant to whether he acted intentionally or willfully any document created prior to the commission of the delinquent act that relates to certain educational plans or behavioral assessments. The bill provides that such documents shall be admitted as evidence of the facts stated therein, provided that the minor gives notice of his intent to introduce such evidence and copies of such evidence to the attorney for the Commonwealth at least 10 days before trial. The bill allows such reports or documents to be placed under seal by the court. SB 248 Minors; authority to consent to physical evidence recovery kit examination. Chiefpatron: Black Provides that if a parent or guardian of a minor refuses to consent to a physical evidence recovery kit examination of the minor, the minor may consent. SB 278 Child welfare agencies; background checks for volunteers and employees. Chiefpatron: Wexton Prohibits assisted living facilities, adult day care centers, licensed and registered child welfare agencies, and family day homes approved by family day systems from continuing to employ individuals who have been convicted of an offense as defined in § 63.2-1719. SB 417 Social Services, Department of; unauthorized practice of law. Chiefpatron: Vogel Allows designated nonattorney employees of a local department of social services to (i) initiate a case on behalf of the local department by appearing before an intake officer and 54 (ii) complete, sign, and file with the clerk of the juvenile and domestic relations district court, on forms approved by the Supreme Court of Virginia, petitions for foster care review, petitions for permanency planning hearings, petitions to establish paternity, motions to establish or modify support, motions to amend or review an order, and motions for a rule to show cause. The bill also directs directors of local departments of social services to designate nonattorney employees who are authorized to perform such tasks. SB 776 Public schools; residency of children in kinship care. Chiefpatron: Barker Allows a child receiving kinship care from an adult relative to enroll in the school division where the kinship care provider resides. The bill also allows local school divisions to require one legal parent and the kinship care provider to sign affidavits detailing the kinship care arrangement as well as a power of attorney authorizing the adult relative to make educational decisions regarding the child. Transportation Funding HB 23 Fuels tax; refunds of taxes to certain nonprofit entities. Chiefpatron: Farrell Provides refunds of fuels taxes for fuels used in highway vehicles owned by a § 501(c)(3) entity organized with a principal purpose of providing hunger relief services or food to the needy, when such vehicle is used solely for providing such hunger relief services or food to the needy. HB 97 Interstate 95; VDOT, et al., to evaluate traffic congestion in Stafford and Spotsylvania Counties. Chiefpatron: Cole Directs the Department of Transportation (the Department) to conduct an evaluation with the Fredericksburg Area Metropolitan Planning Organization of traffic congestion on the Interstate 95 corridor in the George Washington Regional Commission region to determine the feasibility of extending the HOT lanes south on Interstate 95. The bill also directs the Department to report on the evaluation by the first day of the 2019 Regular Session of the General Assembly. 55 HB 1069 Tolls; toll collection procedures, fees, etc. Chiefpatron: Jones The bill prohibits tolling any highway, bridge, or tunnel without approval of the General Assembly except in limited circumstances. The bill requires the Department of Transportation to allow E-ZPass account holders to provide an email or phone number and to electronically notify account holders of a toll violation and further requires toll operators to notify the Department of such toll violations. The bill amends the definition of high -occupancy toll (HOT) lanes to ensure that mass transit vehicles and commuter buses meet the high -occupancy requirement. The bill lengthens from 30 to 60 days the period following notification of an unpaid toll on HOT lanes after which, if the toll is still unpaid, the owner or operator of the vehicle is in violation. The bill decreases the civil penalties for an unpaid toll violation on the HOT lanes, making them equal to civil penalties for other toll violations, and allows the HOT lanes operator to offer reduced civil penalties if the owner of the vehicle pays within 14 days prior to the hearing date, which is also permitted for other toll operators. For violations on any toll road, the bill provides that for a first court appearance there are reduced civil penalties and places a cap of $2,200 on civil penalties and administrative fees. Finally, the bill provides for a 10 -day grace period for unpaid tolls and requires toll operators to attempt to process and collect unpaid tolls twice during such period. HB 1122/SB 46 Commonwealth Space Flight Fund; transfer of funds. Chiefpatron: Bloxom/Carrico Extends through fiscal year 2023-2024 the annual transfer from the Transportation Trust Fund to the Commonwealth Space Flight Fund and increases the transfer from $9.5 to $15.8 million to reflect the amount in the appropriation act. Under current law, the transfer would cease in fiscal year 2016-2017. HB 1152/SB 182 Local gas road improvement & Virginia Coalfield Economic Development Authority tax; use of revenues. Chiefpatron: Chafin/Morefield Authorizes localities that comprise the Virginia Coalfield Economic Development Authority to use a portion of the revenues collected from the local gas road improvement and Virginia Coalfield Economic Development Authority tax for the repair or enhancement of existing water or sewer systems and lines. M Transportation Policy HB 10/SB 25 Motorcycles; general illumination lights. Chiefpatron: Cole/Reeves Increases from four to five the maximum number of lights allowed on a motorcycle and used for general illumination ahead of the motorcycle. Current law restricts all motor vehicles to no more than four lights, including headlights, fog lights, etc., to provide general illumination ahead of the vehicle. HB 117/SB 719 Boats or other watercraft; excess width permits for transporting vehicles. Chiefpatron: Knight/DeSteph Authorizes the Commissioner of the Department of Motor Vehicles to issue permits for vehicles transporting boats or other watercraft that exceed an outside width of 102 inches but do not exceed an outside width of 108 inches; under current law, no such vehicle shall exceed an outside width of 102 inches. HB 181/SB 277 Northern Virginia Transportation Commission; increases membership. Chiefpatron: Menchew/Wexton Increases the number of nonlegislative citizen members of the Northern Virginia Transportation Commission from 13 to 14 by increasing from one to two the members who represent Loudoun County. HB 190/SB 413 Northern Va. Transportation Authority; use of population estimates in connection with decisions. Chiefpatron: Bulova/Barker Provides that the population criterion required for decisions of the Northern Virginia Transportation Authority shall be the estimates, not the projections, made by the Weldon Cooper Center for Public Service of the University of Virginia and provides that the population estimates shall be adjusted once the estimates are available for July 1 of the fifth year after the decennial census. Under current law, the population estimates are adjusted on July 1 of the fifth year, which requires use of the previous year's data. HB 213 Motor vehicle safety inspection; exceptions to inspection requirement. Chiefpatron: LeMunyon 57 Exempts from the motor vehicle safety inspection requirement vehicles that are parked on a public highway and have been submitted for inspection to an official inspection station. The bill contains technical amendments. HB 267 Length of vehicle combinations; clarification of provision limiting vehicles coupled with another. Chiefpatron: Marshall, D.W. Clarifies that the provision limiting vehicles coupled with another vehicle to a maximum combined length of 65 feet applies to motor homes and buses. The bill is declarative of existing law. HB 329/SB 299 Amber lights, flashing; allows publicly owner or operated transit buses to use. Chiefpatron: Villanueva Allows publicly owned or operated transit buses to use flashing amber lights. HB 374/SB 91 Registration of vehicles owned or used by emergency medical services agencies. Chiefpatron: Yancey/Marsden Requires, upon application, the issuance of permanent license plates for emergency medical services vehicles owned by or under the exclusive control of a commercial or privately owned emergency medical services agency. HB 384 Commonwealth Transportation Board; meeting. Chiefpatron: Marshall, R.G. Requires the Commonwealth Transportation Board to hold at least one hearing on projects that are located wholly within a single highway construction district and valued in excess of $25 million in the highway construction district where the project being considered is located prior to a vote on the project. HB 388 Uninsured motor vehicle fee payment plan; DMV to establish. Chiefpatron: Habeeb Allows the Department of Motor Vehicles to establish an uninsured motor vehicle fee payment plan to allow individuals to pay the $500 uninsured motor vehicle fee through an installment plan with the Department, when their driver's license and vehicle 58 registration have been suspended as a result of failure to pay the uninsured motor vehicle fee. The bill has a delayed effective date of January 1, 2017. HB 407 Interstate 66; designation of HOV lanes. Chief patron: Bulova Designation of HOV lanes. Prohibits HOV-2 lanes of Interstate 66 from being converted to HOV-3 lanes or a more restrictive designation prior to January 1, 2020. The bill contains a delayed effective date. Effective 7/1/17 HB 417 DMV; contracts with state or federal agencies to conduct customer service transactions. Chiefpatron: Bagby Allows the Department of Motor Vehicles (DMV) to enter into contracts with contractors of state or federal agencies to conduct customer service transactions on behalf of such agencies for the benefit of Virginia residents. The bill allows DMV to receive a portion of the transaction fee required by the responsible agency or contractor to defray DMV's costs, provides a $1 discount for specified DMV licensing transactions conducted online, and ensures that DMV does not charge fees to federal, state, and local government agencies for information they request provided that such agencies do not charge the Commonwealth when it requests the same or similar information from those agencies. Finally, the bill provides for a driver's license classification for passenger cars and eliminates the requirement that individuals under the age of 21 who have one or more specified convictions retake the written driver's license examination. The bill contains technical amendments. HB 454/SB 286 Motor vehicles; vehicles not to be equipped with televisions and video within view of driver. Chiefpatron: Davis/DeSteph Provides that motor vehicles may be equipped with visual displays of moving images if the equipment is factory -installed and has an interlock device that disables the equipment when the motor vehicle operator is performing a "driving task," which is defined by the bill. Current law allows equipment with a visual display of a television broadcast or signal if the equipment's interlock disables when the motor vehicle is driven. The bill would allow the viewing of a visual display while the vehicle is being operated autonomously. The bill also provides that vehicles used by universities for vehicle technology research are not required to have government plates. 59 HB 501/SB 465 Request for Proposal; design -build transportation projects. Chief patron: Villanueva/Carrico Request for Proposal of design -build projects. Allows for the submission and consideration of alternative technical concepts, defined in the bill, during the Request for Proposal process of a design -build transportation project. HB 719 Commonwealth Transportation Board; value of statewide prioritization factors. Chiefpatron: LeMunyon Commonwealth Transportation Board; value of statewide prioritization factors. Requires the Commonwealth Transportation Board to make public the criteria used to determine the value of each factor used in the statewide prioritization process for project selection no later than 30 days prior to a vote on such project or strategy. HB 728 State and local transportation planning; results of reviews related to homeland security. Chiefpatron: LeMunyon Requires that the results of Department of Transportation reviews of proposed local comprehensive plan amendments for issues related to homeland security be provided concurrently to the submitting locality and the Northern Virginia Transportation Authority. HB 747 Service facilities; manufacturer of engines for certain trucks to own a facility. Chiefpatron: Greason Allows a manufacturer of engines for trucks having a gross vehicle weight rating of more than 7,500 pounds to own, operate, or control up to five service facilities in the Commonwealth. HB 748 Driver education; certification of online courses. Chiefpatron: Greason Allows driver training schools to provide computer-based driver education courses for the classroom portion of driver education. The Commissioner of the Department of Motor Vehicles is authorized to license such driver training schools as computer-based driver education providers. HB 1111/SB 476 Hampton Roads Transportation Accountability Commission; distribution of moneys. Chiefpatron: Villanueva/Wagner Allows an elected official of any of the four counties embraced by the Hampton Roads Transportation Accountability Commission who serves on the county's governing body and has been appointed by resolution of such governing body to represent the county on the Commission to serve on the Commission. Currently, only the chief elected officer of such county may serve on the Commission. The bill allows a chief elected officer to designate a current elected officer of the same governing body to serve in his place on the Hampton Roads Transportation Accountability Commission for one meeting if 48-hour notice is provided to the Chairman. The bill also ensures that the moneys in the Hampton Roads Transportation Fund are distributed to the Hampton Roads Transportation Accountability Commission and allows the Commission to invest moneys in excess of those required to meet current needs in the same manner as other transportation moneys are invested. The bill clarifies that when investments are made in accordance with the restrictions placed on the investment of transportation moneys that those investing are exempt from personal liability. The bill also allows the Hampton Roads Transportation Accountability Commission to spend Hampton Roads Transportation Fund moneys on administrative and operating expenses and removes the requirement that, if no other funds are available, administrative expenses of the Commission be allocated among the localities within Planning District 23 on the basis of relative population. The bill states that it does not result in the expiration of the contingently effective provisions of Chapter 896 of the Acts of Assembly of 2007 or Chapter 766 of the Acts of Assembly of 2013. HB 1122/SB 46 Commonwealth Space Flight Fund; transfer of funds. Chiefpatron: Bloxom/Carrico Extends through fiscal year 2023-2024 the annual transfer from the Transportation Trust Fund to the Commonwealth Space Flight Fund and increases the transfer from $9.5 to $15.8 million to reflect the amount in the appropriation act. Under current law, the transfer would cease in fiscal year 2016-2017. HB 1237 Richmond Metropolitan Transportation Authority; powers. Chiefpatron: Loupassi Authorizes the Richmond Metropolitan Transportation Authority (RMTA) to construct, own, and operate coliseums and arenas, including facilities reasonably related to such coliseums and arenas, provided that the governing authorities of the localities that make up the RMTA approve. 61 HB 1383 Highways, Commissioner of; annual report to be made public. Chiefpatron: Keam Requires the Commissioner of Highways to make his annual report public on the Department of Transportation's website. Currently such report is only provided to the Governor, the General Assembly, the Joint Legislative Audit and Review Commission, and the Commonwealth Transportation Board. The bill requires such report to include traffic modeling results for all federally funded projects requiring a multi -alternative National Environmental Policy Act analysis. SB 109 Eminent domain proceedings; commissioners to be summoned at least 30 days prior to service. Chiefpatron: Petersen Requires commissioners in eminent domain proceedings to be summoned at least 30 days prior to service. Under current law, such summons is required at least one week prior to service. Approved by Governor -Chapter 265 (effective 7/1/16) SB 117 Motor vehicle doors; operator to wait for a reasonable opportunity to open. Chiefpatron: Petersen Requires drivers to wait for a reasonable opportunity to open vehicle doors on the side adjacent to moving traffic. A violation constitutes a traffic infraction punishable by a fine of not more than $50. SB 120 Passing stopped school buses; mailing of summons, rebutting presumption. Chiefpatron: Carrico Provides that a locality that has authorized by ordinance the installation and operation of a video -monitoring system on school buses for recording violations of unlawfully passing a stopped school bus may execute a summons for such violation by mailing a copy of the summons to the owner of a vehicle that unlawfully passed a stopped school bus. Also provides a means by which the existing presumption that the registered owner of the vehicle was the vehicle operator at the time of the violation can be rebutted and requires that this information be included with the mailing of the summons. Gives the summoned person 30 business days from the mailing of the summons to inspect information collected by a video -monitoring system in connection with the violation. Incorporates SB 16 and SB 74. 62 SB 240 Virginia Tort Claims Act; electronic filing when notice filed with VDOT. Chiefpatron: Edwards Allows for the electronic filing of tort claims when a filing is made with the Department of Transportation. Governor's recommendations approved; Chapter 760 (effective 7/1/16) SB 515 Mobile food vending; allows units in commuter lots in Planning District 8. Chief patron: McPike Allows mobile food vending units to apply for a permit and pay a fee to the Department of Transportation that would allow them to sell food in commuter lots in Planning District 8. The bill also requires the Department to establish criteria for the program, publish the permit application on its website, and establish a fee for the permit. Governor's recommendations accepted; Chapter 765 (7/1/16) Unfunded Mandates HB 197 Commonwealth Mental Health First Aid Program; established. Chiefpatron: Lingamfelter Directs the Commissioner of the Department of Behavioral Health and Developmental Services to establish and maintain the Commonwealth Mental Health First Aid Program to provide training by certified trainers of individuals residing or working in the Commonwealth on how to identify and assist individuals who have or may be developing a mental health or substance use disorder or who may be experiencing a mental health or substance abuse crisis. HB 428 Prisoner's spouse or children; support payments by county or city. Chiefpatron: Hope Designates the Department of Social Services as the entity to which a county or city within the boundaries of which a prisoner is put to work on a workhouse, city farm, or work squad shall pay funds for the support of the prisoner's spouse or children. The bill increases the minimum amount that the county or city shall pay from $5 to $20 and increases the maximum amount that the county or city shall pay from $25 to $40 for each week in the discretion of the court during any part of which any work is performed by the prisoner. 63 HB 476 Animal intake policy; animal control officers, etc., shall annually file with State Veterinarian. Chiefpatron: Fariss Requires animal control officers, law-enforcement officers, humane investigators, animal shelters, humane societies, and releasing agencies to submit a copy of their intake policy to the State Veterinarian. HB 515 Higher educational institutions; institutional 6 -year plan, economic development, report. Chief patron: Landes Requires each public institution of higher education to include in its institutional six-year plan a report of the institution's active contributions to efforts to stimulate the economic development of the Commonwealth, the area in which the institution is located, and, for those institutions subject to a management agreement, the areas that lag the Commonwealth in terms of income, employment, and other factors. HB 578/SB 169 Virginia Public Procurement Act; architectural and engineering services. Chiefpatron: Albo/Ruff Provides that in the case of the selection process for a Request for Proposal for architectural or engineering services, the public body shall not request or require offerors to list any exceptions to proposed contractual terms and conditions, unless such terms and conditions are required by statute, regulation, ordinance, or applicable capital outlay standards, until after the qualified offerors are ranked. HB 954 Concussions; school division policy to include Return to Learn Protocol. Chief patron: Keam Requires each local school division's policies and procedures regarding the identification and handling of suspected concussions in student -athletes to include a "Return to Learn Protocol" that requires school personnel to be alert to cognitive and academic issues that may be experienced by a student who has suffered a concussion or other head injury, including (i) difficulty with concentration, organization, and long-term and short-term memory, (ii) sensitivity to bright lights and sounds, and (iii) short-term problems with speech and language, reasoning, planning, and problem solving, and to accommodate the gradual return to full participation in academic activities of a student who has suffered a concussion or other head injury as appropriate, based on the recommendation of the student's licensed health care provider as to the appropriate amount of time that such student needs to be away from the classroom. The bill also broadens the scope of the 64 "Return to Learn Protocol" in the Board of Education's guidelines for school division policies and procedures on concussions in student -athletes to require school personnel to (a) be alert to cognitive and academic issues that may be experienced by a student who has suffered a concussion or other head injury and (b) accommodate the gradual return to full participation in academic activities of a student who has suffered a concussion or other head injury. Under current law, the "Return to Learn Protocol" only imposes such requirements on school personnel with respect to student -athletes. HB 1170 Real property tax; members of board of equalization. Chiefpatron: Fowler Changes the maximum number of members of a board of equalization from five to the greater of five or the number of election districts in the locality. HB 1211/SB 651 Animal control officers; training. Chiefpatron: Leftwich/Cosgrove Requires animal control officers hired on or after July 1, 2017, to complete a basic animal control course within one year after the date of hire, or within two years of the date of hire if the officer is attending a law-enforcement academy. Current law requires completion of such training course within two years after the date of hire. HB 1299/SB 229 U. S. of America and the Commonwealth of Virginia; purchase of flags by public bodies. Chief patron: Edmunds/McEachin Provides that whenever a state or local public body or school division purchases a flag of the United States or a flag of the Commonwealth for public use, such flag must be made in the United States from articles, materials, or supplies that are grown, produced, and manufactured in the United States, if available. The bill has a delayed effective date of July 1, 2017. Effective 7/1/17 SB 87 Circuit court clerks; disaster plan for recovery of any land record maintained electronically. Chiefpatron: Garrett Requires circuit court clerks to maintain a disaster plan for recovery of any land record in possession of the clerk that is maintained as an electronic record. The bill has a delayed effective date of July 1, 2017. Effective 7/1/17 65 SB 89 Electoral boards, local; minutes required to be posted on website. Chiefpatron: Marsden Requires the posting of minutes of the local electoral boards' meetings on the local electoral board's website or the official website of the county or city when such means are available. Minutes of meetings are required to be posted as soon as possible but no later than one week prior to the following meeting of the electoral board. SB 607 Public employees; safety and health program. Chiefpatron: Dance Directs the Commissioner of Labor and Industry or the Safety and Health Codes Board to adopt regulations for enforcing the occupational and health program applicable to employees of the Commonwealth, its agencies, institutions, political subdivisions, or any public body. The measure provides that these regulations and procedures for enforcing the program shall include provisions for the issuance of proposed penalties, the payment of such penalties or a negotiated sum in lieu of such penalties, and the deposit of such payments into the general fund of the state treasury. Other Issues HB 514 Governor's Agriculture and Forestry Industries Development Fund; wild fish and shellfish. Chiefpatron: Landes Clarifies that commercially harvested wild fish and commercially harvested wild shellfish are included within the definition of "agricultural products." The Governor's Agriculture and Forestry Industries Development Fund provides grants or loans to expand the processing of Virginia -grown agriculture and forestry products. HB 834/SB 449 Virginia Growth and Opportunity Board and Fund; established, report. Chiefpatron: Cox/Norment Establishes the Virginia Growth and Opportunity Board to administer grants from the Virginia Growth and Opportunity Fund for regional economic and workforce development projects. The bill provides that regional councils will be established across the Commonwealth, consisting of representatives of government and the business and education communities, and councils may submit applications for collaborative projects in their region that enhance private -sector growth, competitiveness, and workforce development. 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O r 0 m Y a w a) o '- Cl m 0_'- 'E Q m �.w Z `U w m'm� U w O wL m m m q Or.Ncn > w o -E0 -E0 .tam a)m r.0 C HU `m a ao m a) 3 o 0 cQm 3 w °-a) 0 mw a Q E a U .0 W 0 0 3 �- m Y Cm a� v m m a a 0 H w J m w 3 m m a a W E Ln cc > cc E w a> � m� > y o (n U w° � O a R a) >� w 2 o) C C °U ° 0 -O N> .m. ~ N E a) a/ w C C U O N N C m E~ a/ .� w ... o E 0 0 o w 9)2-0 o w w 0 'Q � m Ems_ a y y 0 0 o w E 'mow .o a cl w Q m N -m0 E .2 D m w -0 C) 0� o om N (.9 'n U= >� 0 �. .Nm wa m w w 0 om o v 5 E om m mm m w 0 E w° w m E w 0 ma m w Qm ° v'a,a) a 0 0 -QE w >.m m >.`o > `000 0LD a (7 a _a E a mcn m_8 a �U) a Eu a) � 0-E >_ mUr.E a R� o w w o.cz 2 CL2 M aE o m E 3 E cmi Ema �U 0) a) aE� E oa a �U E a 0 —w o a `m `m `maa E 0 0 0 0 ) U X 0 X -s X m m w m m m ° o m m w'a Q E 0 °0 rn 0 m w o L 0 0— w O> a) U -j m� �a a Car^ Co mWU�W �WQa �W� 30acnOZv�O d��U2w J�waaacn C AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 14, 2016 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