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2/28/2017 - Regular
Roanoke County Board of Supervisors February 28, 2017 NOTE: There will not be a 7:00 p.m. evening session as no public hearings are scheduled. INVOCATION: Harold O. Minnix, Chaplain Christian Motorcyclists Association 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 February 28, 2017 Good afternoon and welcome to our meeting for February 28, 2017. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.gov. Our meetings are closed -captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS 1. Briefing by the Roanoke Regional Partnership (Beth Doughty, Executive Director of the Roanoke Regional Partnership) E. NEW BUSINESS Page 2 of 5 F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. - 1 . ommission: 1. The petition of North Point Apts, LLC and North Point Apts II, LLC to rezone approximately 6.656 acres to amend proffered conditions to increase the maximum number of residential units from 115 to 126 to allow the construction of an additional apartment building on property zoned R -4C, High Density Multi - Family Residential, District with conditions, located at 6430 and 6451 Archcrest Drive, Hollins Magisterial District (Philip Thompson, Deputy Director of Planning) G. FIRST READING OF ORDINANCES 1. Ordinance accepting and appropriating funds in the amount of $215,000 to the Roanoke County Schools for a grant from the EPA National Clean Diesel Rebate Program (Due to time constraints, it is requested that, upon a four-fifths vote of the Board, the second reading be waiver per Article V Chapter 2, Section 2-123 (h) of the Roanoke County Code) (Mike Stovall, Supervisor of Transportation, Roanoke County Schools) H. SECOND READING OF ORDINANCES 1. Ordinance accepting and appropriating Federal Lands Access Program Funds in the amount of $1,733,750 from the Eastern Federal Lands Highway Division of the U. S. Department of Transportation Federal Highway Administration for extension of the Roanoke River Greenway from the Blue Ridge Parkway to Explore Park (Doug Blount, Director of Parks, Recreation and Tourism) 2. Ordinance approving a lease agreement with the Roanoke Valley Broadband Authority (RVBA) to lease 90 square feet in the Roanoke County Public Safety Building located at 5925 Cove Road in Roanoke, Virginia (Rob Light, Director of General Services) 3. Ordinance approving a lease agreement with the Roanoke Valley Broadband Authority (RVBA) for 500 square feet of ground space on the parcel for the South County Library, located at 6303 Merriman Road in Roanoke, Virginia (Rob Light, Director of General Services) I. APPOINTMENTS 1. Board of Zoning Appeals (BZA) (appointed by District) 2. Budget and Fiscal Affairs (BFAC) (appointed by District and At -Large) 3. Economic Development Authority (EDA) (appointed by District) Page 3 of 5 4. Library Board (appointed by District) J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes — January 10, 2017 2. Request to accept and allocate grant funds in the amount of $40,000 from the Virginia Department of Emergency Management for a supplemental Emergency Management Performance Grant 3. Request to accept and allocate grant funds in the amount of $42,564 from the Virginia Department of Emergency Management (VDEM) for an Emergency Management Performance Grant 4. Request to accept and allocate grant funds in the amount of $50,000 from the Virginia Department of Emergency Management (VDEM) for an Emergency Management Performance Grant 5. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Diana I. Rosapepe, Director of Library Services, upon her retirement after more than thirty (30) years of service 6. Resolution expressing support for Roanoke County's military and veterans caregivers 7. Confirmation of appointment to the Clean Valley Council (At -Large) K. CITIZENS' COMMENTS AND COMMUNICATIONS L. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of January 31, 2017 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of January 31, 2017 5. Accounts Paid - January 31, 2017 Page 4 of 5 6. Proclamation signed by the Chairman - Vietnam Veterans Day M. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. P. Jason Peters 2. George G. Assaid 3. Al Bedrosian 4. Martha B. Hooker 5. Joseph P. McNamara N. WORK SESSIONS 1. Work session to review with the Board of Supervisors fiscal year 2017-2018 General Government Fund operating budget revenues (Rebecca Owens, Director of Finance; Christopher Bever, Director of Management and Budget) O. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: February 28, 2017 Briefing by the Roanoke Regional Partnership Deborah Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Briefing from the Roanoke Regional Partnership. BACKGROUND: There is no background associated with this agenda item. DISCUSSION: This time has been set aside for Beth Doughty, Executive Director of the Roanoke Regional Partnership, to provide a briefing to the Board of Supervisors on Economic Development. 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 1 of 1 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: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: February 28, 2017 The petition of North Point Apts, LLC and North Point Apts II, LLC to rezone approximately 6.656 acres to amend proffered conditions to increase the maximum number of residential units from 115 to 126 to allow the construction of an additional apartment building on property zoned R -4C, High Density Multi -Family Residential, District with conditions, located at 6430 and 6451 Archcrest Drive, Hollins Magisterial District Philip Thompson Deputy Director of Planning Thomas C. Gates County Administrator Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading on this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for March 28, 2017. The title of this ordinance is as follows: 1. The petition of North Point Apts, LLC and North Point Apts II, LLC to rezone approximately 6.656 acres to amend proffered conditions to increase the maximum number of residential units from 115 to 126 to allow the construction of an additional apartment building on property zoned R -4C, High Density Multi -Family Residential, Page 1 of 2 District with conditions, located at 6430 and 6451 Archcrest Drive, Hollins Magisterial District. DISCUSSION: There is no discussion on this agenda item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this rezoning ordinance for the purpose of scheduling the second reading and public hearing for March 28, 2017. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 County of Roanoke For Staff Use Only Community Development pate received: Received by: Planning & Zoning Z` Application fee PC/RF-A da e 5204 Bernard Drive 10 3 5. 00 3/. P O Box 29800 placards issued BOS date Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 Case Number 1A_ ALL APPLICANTS Check type of application filed (check all that apply) ® Rezoning ❑ Special Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review Applicants name/address w/zip Phone: (540) 204-4247 North Point Apts, LLC North Point Apts II, LLC Work: P.Q. Box 20886 P.O. Box 20886 Cell 4: (540) 537-12RR Roanoke, VA 24018 Roanoke, VA 24018 Fax No.: (540) 204-4249 Owner's name/address w/zip Phone 4: (54.0_) 204-4247 North Point Apts, LLC North Point Apts II, LLC Work: P.O. Box 20886 P.O. Box 20886 Fax No. #: (540) 204-4249 Roanoke, VA 24018 Roanoke, VA 24018 Property Location Magisterial District: Hollins 6430 & 6451 Archerest Drive Community Planning area: Hollins Tax Map No.: 026.16-02-14.00, 14.06 Existing Zoning: R4 -Conditional Size of parcel(s): Acres: 6.656 ac. Existing Land Use: Multi -Family Dwellings REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15 2-2232) REVIEW APPLICANTS (R/Sf W/CP) Proposed Zoning: R4 -Conditional Proposed Land Use: Multi -Family Dwellings Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes V No LJ IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes I9 No ❑ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes A No LJ VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (VIW/AA) Variance/Waiver of Section(s) of the Roanoke County Zoningnance in order to: t Appeal of Zoning Administrator's decision to 20 2W Appeal of Interpretation of Section(s): of the Roanoke County Zoning OrdinAffAr iorpi�pl Appeal of Interpretation of Zoning Map to 5 Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE AC D 1F ANY ESE ITEMS ARE MISSING OR INCOMPLETE. R/SIWICP v/AA R/SlWICP V/AA RIS/WICP V/AA Consultation 8 112" x 1 1" concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification Eli Water and sewer application Adjoining property owners 1 hereby certify that I am either the owner of the property r t is agent or contract purchaser and am acting with the knowledge and consent f the owner. Owner's Signature 2 JUSTIFICATION FOR REZONING, SPECIAL. USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant North Point Ants, LLC & North Point Apts II, LLC The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. See attached narrative. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. See attached narrative. PIease describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. See attached narrative. 3 CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS x a. Applicant name and name of development X b. Date, scale and north arrow x c. Lot size in acres or square feet and dimensions x d. Location, names of owners and Roanoke County tax map numbers of adjoining properties x e. Physical features such as ground cover, natural watercourses, floodplain, etc. X f. The zoning and land use of all adjacent properties X g. All property lines and easements x h. All buildings, existing and proposed, and dimensions, floor area and heights X i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development X j, Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS X k. Existing utilities (water, sewer, storm drains) and connections at the site X 1. Any driveways, entrances/exits, curb openings and crossovers X in. Topography map in a suitable scale and contour intervals X n. Approximate street grades and site distances at intersections X o. Locations of all adjacent fire hydrants X p. Any proffered conditions at the site and how they are addressed X q. If project is to be phased, please show phase schedule I cert` that all Items wire n th Ist above are complete. Signature df,applicant Date R qAk c Community DevelopmentPlanning & Zoning Division eaa POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a trafc study at any time, as deemed necessary,) High Traffic -Generating Land Uses: • Single-family residential subdivisions, Multi -family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive-through windows) • Gas station/Convenience store/Car wash • Retail shop/Shopping center • Offices (including: financial institutions, general, medical, etc.) • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing home/Clinic • Industrial site/Factory • Day care center • Bank • Non-specific use requests Road Network Situations: Development adjacent to/with access onto/within 500 -ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly • When required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six -Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signal(s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date: April f9, 2005 O� R�ANO�F Community Developmentz Planning & Zoning Division o z 1838 NOTICE TO APPLICANTS FOR R.EZONiNG, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. 6ffeefive dafe. April 99, 2005 Suncrest Name a it! Petitioner's Signature Date Justification for Rezoning of Tax Map 90.2_6.16-02-14.00 & #026.16-02-14.06 North Point A is LLC & North Point A is II LLC Request to Amend Proffered Conditions This rezoning request is to amend the proffered conditions currently in place for the "Suncrest Community" project located on Archerest Drive. There are currently 114 existing and proposed multi -family units on the property. The requested Amendment is to increase the maximum number of residential units from 115 to 126 to allow for an additional 12 -unit building (Building F) to be constructed on the property. Only proffered conditions #1 and 42 have been revised with this request to address the revisions to the overall masterplan. All other proffered conditions are remaining the same as previously approved for this property. The developer is requesting increased density at this time for a couple of reasons. The first reason is that the rapidly changing economic climate over the last several years has made it increasingly important to maximize usage of this property. The second reason is that there is a current demand for multi -family units in Roanoke County. The multi -family projects that this applicant has developed recently in Roanoke County have consistently remained near 100% occupancy. With the current proposal, the overall density on the property will be approximately 19 units per acre, which is significantly less than the maximum 24 units per acre allowed in the R-4 zoning district. When accounting for the additional R-4 parcel that was previously deeded to Roanoke County, the overall density is just over 10 units per acre. With the current multi -family design, the proposed buildings occupy a much smaller portion of the northern property frontage than with the originally approved townhouse design. The original masterplan that was approved in 2009 included buildings along the entire length of the northern property line. The current design has limited the buildings to approximately 30% of this property line. The architecture of the proposed multi -family building will be consistent with the existing buildings that have been developed on the site to date; however, it will be smaller in size because it has fewer units. The building will be 3 stories and the materials will be consistent with the existing buildings on the site. The building will be located at the northeast corner of the site and additional parking will be provided in this area to meet the zoning regulations. The required buffer yard will be maintained adjacent to the single-family residential zoning, as required by the Zoning Ordinance. The general site circulation pattern will remain the same as shown on the previous masterplan. Traffic generation from the multi -family development and from the overall Suncrest development will be significantly less than what was accounted for in the original Traffic Impact Analysis (TIA). The original TIA accounted for 4,515 daily trips from this development. Existing development that has occurred to date and anticipated future development results in an anticipated traffic projection of 2,265 daily trips. Trip generation information is included in this Owner/Petitioner #1 Owner/Petitioner #2: North Point Apts, LLC P.O. Box 20886 Roanoke, VA 24018 North Point Apts ll, LLC P.O. Box 20886 Roanoke, VA 24018 Request: Rezoning to Amend Proffered Conditions Tax Map #: 026.16-02-14.00 and 026.16-02-14.06 The following are proffered conditions for the above referenced Zoning Case. Proffered Conditions: 1. The developer hereby proffers substantial conformance with the "Suncrest Masterplan", prepared by Balzer and Associates, Inc. dated 1/10/2017. 2. The developer proffers a maximum of 126 residential units for the R-4 portion of the subject property. 3. There will be no vehicular access from Vivian Avenue to the subject parcel. 4. Signage for the Suncrest community will be provided by a monument style sign not to exceed 8' in height and 15' in width and be in compliance with Section 30-93 Signs of the Roanoke County Zoning Ordinance. 5. Site and parking lot lighting shall be provided utilizing residential post top mounted fixtures. 6. A 15' buffer yard shall be provided along the eastern property line and a portion of the northern property line as indicated in Section 30-92-6 of the Roanoke County Zoning Ordinance. 7. The community walking trail shall be a minimum of 5' in width and be constructed of asphalt, concrete, or a crushed stone material to be completed with each residential phase of construction. 8. The developer hereby proffers substantial conformance with the "Suncrest Multifamily Residential Development Front Elevation", prepared by Balzer and Associates, Inc. dated 411512014. 9. The only construction entrance for this development shall be from Peters Creek Road. North Point Apts, LLC Name: /Gybed Frodi!l Signature: G Title: &D Date:hi l North Point At)ts II, LLC Name: 'e4e* ,�rit.t Signatures: ---.* Title: Pasdc. .- Date: I I It I ZU1 -I Nv,d.NB&¥aAON k§ ^� � � _ ` § § � 2■ . §B �. 0115 § 4 S § § � \ 1.1 III 9 �� ter:, IlwiFllllll�llllll�ll IIIIIIIhIII���I�'�� i��,i�� - -111 11 I ■ 1 All 1"IS 31f11�1111111111 q � rr!°�� '� I■s.::. i MR .. 0 J IR ■� ■! IlwiFllllll�llllll�ll IIIIIIIhIII���I�'�� i��,i�� - -111 11 I ■ 1 All 1"IS 31f11�1111111111 q � rr!°�� '� I■s.::. i B&A Job # R0900020.00 Description 6.656Acres Hollins Magisterial District Roanoke County, Virginia Beginning at an iron pin found, said iron pin being designated as point 1 on plat prepared by Balzer and Associates, Inc. dated February 3, 2016 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia as Instrument Number 201607686; Thence with the Stormwater Management Lot as shown on plat of Carriage Park as recorded in said Clerk's Office in Flat Book 30, Page 42, N 500 12' 25" E, 128.02 feet to an iron pin found, being designated as point 2 in Instrument Number 201607686; Thence S 56° 22' 21" E, 326.27 feet to a point designated as point 3 on said plat; Thence S 56° 29' 30" E, 441.15 feet to an iron pin found on the West right of way Nover Avenue, said iron pin being designated as point 14 on said plat; Thence with the West right of way of Nover Avenue S 33° 42' 16" W, 350.80 feet to a point designated as point 7 on said plat; Thence leaving said West right of way of Nover Avenue and with the South right of way of Archcrest Drive S 56° 17' 44" E, 50.00 feet to a point designated as point 8 on said plat; Thence leaving said South right of way of Archcrest Drive S 33° 42' 16" W, 148.17 feet to a point designated as point 9 on said plat: Thence with property of Roanoke County Board of Supervisors designated as Lot B-2 in Instrument Number 2012-00513 (Tax Map # 026.16-02-14.05-0000) N 56° 18' 08" W, 239.18 feet to a point designated as point 10 on said Balzer and Associates, Inc. plat; Thence N 25° 50' 06" W, 445.17 feet to a point designated as point 11 on said plat; Thence N 15° 30' 58" W, 145.57 feet to a point designated as point 12 on said plat; Thence N 320 21'36" W, 132.00 feet to the point and place of beginning and containing 6.656 Acres, designated as Lot B-1 B1 (3.547 Acres) and Lot B -1A1 (3.109Acres) on plat by Balzer and Associates, Inc. dated February 3, 2016 recorded inthe Clerk's Office of the Circuit Court of Roanoke County, Virginia in Instrument Number 201607686. �� NdS1YvfTiIM x � o Q riti Q O N uPi r N 0 $£� 1Hdd211Y ,.. a ` zoz tz N2 moos tom.. 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Rutrough Trust 1346 Vivian Avenue Roanoke, VA 24019 Zoning: RI + TM#:027.13-06-14.00 David R. Newhouse 1347 Vivian Avenue Roanoke, VA 24019 Zoning: R1 • TM -9: 026.16-14-11.00 7947 Carriage Park Drive Robert C. Bailey 1737 Old Fineastle Road Fincastle, VA 24090 Zoning R1 + TM#:026.16-14-10.00 John and Nicole Waff 7941 Carriage Park Drive Roanoke, VA 24019 Zoning: R1 TM#: 026.1614-20.00 7939 Carriage Park Drive Village at Hollins, LLC c/o Allen Deweese 686 Lee Highway Roanoke, VA 24019 Zoning: RI • TM#:026.16-02-14.05 0 Peters Creek Road Roanoke County Board of Supervisors P.O. Box 29800 Roanoke, VA 24018 Zoning: Split • TM#:026.16-02-14.04 0 Peters Creek Road Airport Road Holdings, LLC c/o Robert Fralin P.O. Box 20886 Roanoke, VA 24018 Zoning: C2 Suncrest - Trip Generation Calculations from Original Approved TIA Document TOW 6 Suncrest Site -Trip Generation AnalysisM Land Use Size Units Land Use Code In AM Peak Hour Out Total In PM Peak Hour Out Total Average Daily Trips Proposed Uses - Phase IE51 Residential Apartments 144 D.U. 220 15 59 74 63 34 97 1,016 Commercial Drive -In Bank 3,500 S.F. 912 24 19 43 80 80 160 896 Gas Station with Convience Market 16 Pumps 945 81 8o 161 107 107 214 204 Commercial Subtotal 165 99 204 187 187 374 3,499 TotalTrlps Generated 120 158 276 250 221 471 4,515 Notes: (1) Based on the Institute of Transportation Engineers Trip Generation, 7th Edition. 30 Suncrest - Updated Trip Generation Calculations *Based on the Institute of Transportation Engineers Trip Generation Manual, 9th Edition. Trip Generation Land Use AM PEAK HR PM PEAK HOUR DAILY Proposed ITE Independent Development Code Variable Enter Exit Total Enter Exit Total Total Apartment 220 126 Dwelling '13 52 65.57..30 87 887 Units Drive -In Bank .:.9.12 3,500 s.f. 24 ;' 18 42 45 40 85. 519 Free Standing 815 15;000 s.f. 11 5 16 38 37 75 859 Discount Store Totals 48 75 123 14Q 107 247 2,265 *Based on the Institute of Transportation Engineers Trip Generation Manual, 9th Edition. T- C) 9 . I' //�IIII III 11 • g"'Oloo, '.✓� �,,`�� � �e�^ 11 �I�� � � I► � ,AO` OP ��6� 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: February 28, 2017 Ordinance accepting and appropriating funds in the amount of $215,000 to the Roanoke County Schools for a grant from the EPA National Clean Diesel Rebate Program (Due to time constraints, it is requested that, upon a four-fifths vote of the Board, the second reading be waiver per Article V Chapter 2, Section 2-123 (h) of the Roanoke County Code) Susan Peterson Director of Finance, Roanoke County Schools Thomas C. Gates County Administrator Request to accept and appropriate $215,000 to the Roanoke County Public Schools (RCPS) from the United States Environmental Protection Agency Clean Diesel Rebate Program BACKGROUND: The U.S. Environmental Protection Agency's (EPA) Diesel Emissions Reduction program was originally authorized by the Energy Policy Act of 2005 and amended in 2010 to include a rebate program. The rebate program was designed to encourage school bus fleet turnover so more children can ride buses with the cleanest emissions standards. The 2016 School Bus Replacement and Retrofit Funding Opportunity provides financial assistance to public and private fleet owners for the replacement or retrofit of older school buses. This rebate program provides rebate incentives to selected eligible applicants to replace school buses powered by model year 2006 or older engines with new buses powered by a certified 2016 or newer model year engine. Eligible replacement school buses may operate on ultra-low sulfur diesel fuel (ULSD), gasoline, battery or hybrid drivetrains or Page 1 of 2 alternative fuels. DISCUSSION: RCPS has received a grant from the EPA's National Clean Diesel Rebate Program in the amount of $215,000. This grant will be utilized to replace older, high -mileage school buses with new eligible buses as part of Roanoke County Public Schools' school bus replacement plan. Staff has received notification from the grantor that funds must be used no later than March 13, 2017, which would preclude two readings of the appropriation ordinance without undue risk to the grant proceeds. Accordingly, staff is recommending that the Board waive second reading of this ordinance to accommodate this timeline. Under Article V, Chapter 2, Section 2-123(h) of the Roanoke County Code, the Board may waive second reading upon a four-fifths vote. FISCAL IMPACT: The United States Environmental Protection Agency's (EPA) Diesel Emissions Reduction program will provide one hundred percent (100%) funding. No matching funds from RCPS are required to accept and appropriate the grant funding. STAFF RECOMMENDATION: Staff recommends that the Board favorably consider the adoption of this ordinance and waive second reading. 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, FEBRUARY 28, 2017 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $215,000 TO THE ROANOKE COUNTY PUBLIC SCHOOLS FOR A GRANT FROM THE ENVIRONMENTAL PROTECTION AGENCY NATIONAL CLEAN DIESEL REBATE PROGRAM WHEREAS, the Roanoke County Public Schools was awarded a grant of $215,000 from the EPA National Clean Diesel Rebate Program to encourage school bus fleet turnover so more children can ride buses with the cleanest emissions standards; and WHEREAS, the grant funds will be spent replacing older, high -mileage school buses -land 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 March 8, 2016, and due to time constraints the second reading was waived, upon a four-fifths (4/5th) vote of the Board pursuant to Article V, Chapter 2, Section 2-123(h) of the Roanoke County Code. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. That the sum of $215,000 is hereby appropriated to the Roanoke County Public Schools; and 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 1 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: February 28, 2017 Ordinance accepting and appropriating Federal Lands Access Program Funds in the amount of $1,733,750 from the Eastern Federal Lands Highway Division of the U. S. Department of Transportation Federal Highway Administration for extension of the Roanoke River Greenway from the Blue Ridge Parkway to Explore Park Doug Blount Director of Parks Recreation and Tourism Thomas C. Gates County Administrator Ordinance to accept and appropriate Federal Lands Access Program funds from the Eastern Federal Lands Highway Division of the U.S. Department of Transportation Federal Highway Administration in the amount of $1,733,750 for extension of the Roanoke River Greenway from the Blue Ridge Parkway to Explore Park. BACKGROUND: The Eastern Federal Lands Highway Division (EFLHD) of the U.S. Department of Transportation Federal Highway Administration has awarded Roanoke County funding in the amount of $1,733,750 (inclusive of local matching funds) from the Federal Lands Access Program (FLAP). These funds will permit the extension of the Roanoke River Greenway from the Blue Ridge Parkway to Explore Park. FLAP funding will specifically be used to design, engineer, and construct 1.7 miles of the Roanoke River Greenway from Highland Road, through the Roanoke Valley Resource Authority (RVRA) property, and underneath the Roanoke River Parkway to Explore Park. The FLAP project will be an extension of Roanoke County's East Roanoke River Greenway project proposed to be 2.7 miles in length from Roanoke City to the Blue Ridge Parkway that is currently in the final engineering stages. Page 1 of 3 The Federal Lands Access Program (FLAP) was created by the Moving Ahead for Progress in the 21St Century Act (MAP -21) to improve state and local transportation facilities that provide access to and through federal lands. The project has been endorsed by the National Park Service who will serve as the Federal Land Management Agency partnering with Roanoke County, the Virginia Department of Transportation (VDOT), and the EFLHD for implementation of the grant. The East Roanoke River Greenway Extension (ERRG-EXT) will traverse properties owned by the National Parkway Service and the Roanoke Valley Resource Authority (RVRA). The greenway extension will provide bicycle and pedestrian connectivity to federal property by connecting to two overlooks located along the Roanoke River Parkway, a vehicular spur road linking the Blue Ridge Parkway and Explore Park. The East Roanoke River Greenway project will support economic development and tourism by filling a critical link in the regional greenway network connecting Explore Park to the Blue Ridge Parkway, Downtown Roanoke, and the greater Roanoke Valley. The Roanoke River Greenway is envisioned as the backbone of the Roanoke Valley greenway system and has been designated as the top greenway priority by the Roanoke Valley Greenway Commission in its 2007 Update to the Roanoke Valley Conceptual Greenway Plan, endorsed by the Roanoke County Board of Supervisors. Once complete, the Roanoke River Greenway will be a regional thirty-one (31) -mile bicycle/pedestrian trail through the Roanoke Valley, linking Roanoke County, the Cities of Roanoke and Salem and the Town of Vinton. The greenway system has been strongly supported by citizens, businesses, civic organizations, politicians and local governments. The Roanoke County 2016 Community Strategic Plan identifies greenways as a high priority strategic initiative for supporting a multi -modal transportation network and keeping Roanoke County healthy, clean, and beautiful. Greenways were also strongly supported by citizens during the development of the Comprehensive Parks Master Plan, completed in 2007. The residents of Roanoke County identified greenways as a "High Priority Need" for facilities and amenities desired in our community. FISCAL IMPACT: The Federal share of the funding is eighty percent (80%) or $1,387,000. A local match of twenty percent (20%) or $346,750 is required from the sponsoring locality. The local match can be in the form of local cash, private contributions, donation of goods and services, and land value. It is anticipated that a portion of the local match will be fulfilled from the land value of the greenway and parking lot easement donated to Roanoke County by the Roanoke Valley Resource Authority which is anticipated to be $42,000. The Pathfinders for Greenways have also pledged to support the project by providing funding in the amount of $20,000 to supplement the local match requirement. The remaining balance of $284,750 is recommended to come from current County Capital Reserves. Page 2 of 3 As part of the fiscal year 2018 Capital Year Budget proposal, the County Administrator recommended funding for this project in anticipation of FLAP funding support being received in the upcoming fiscal year. Given the County has now received a notice of award, staff desires to immediately move to accept these funds and to appropriate the required local match in the current fiscal year. If this ordinance is approved, the recommended fiscal year 2018 Capital Budget will be amended to remove funding (reduction of Capital Reserve Funding) for this project and instead note full project funding in fiscal year 2017. In accordance with Roanoke County's Grant Policies and Procedures, a budget appropriation must be established through Board action for expenditures to be processed against a grant. There have been no changes since the first reading of this ordinance on February 14, 2017. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors accept and appropriate the Federal Lands Access Program funding award in the amount of $1,733,750 from the Eastern Federal Lands Highway Division, including the local match amount of $346,750, which will be provided by the Roanoke Valley Resource Authority, Pathfinders for Greenways, and Capital Reserve Funds. Page 3 of 3 "OS40 )p ro 0, GJ O C O C ] H N m O c N UY nwoo Mn �W 11 �W� ■iA■ L C NGIJ �z a� LL M 41aVn "OS40 )p ro 0, GJ O C O C U_ H p O c N C nwoo Mn �W 11 �W� ■iA■ L C �z a� X GJ O C O C > H O c N C Mn W 11 �W� ■iA■ L C DRAFT 01/19/17 FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT Project / Facility Name: VA FLAP RRG TRL(1) Project Route: Roanoke River Greenway (RRG) State: Virginia County(ies): Roanoke County Owner of Federal Lands to which the Project Provides Access: National Park Service (NPS), Blue Ridge Parkway Entity with Title or Maintenance Responsibility for Facility: Roanoke County, VA Type of Work: • Preliminary Engineering: Prepare environmental documents, finalize PS&E package, and acquire necessary permits. • Right-of-way: Roanoke Valley Resource Authority (RVRA) has agreed to easement for trail and parking area. • Construction: Construct a 1.7 mile extension of Roanoke River Greenway (RRG) from the Blue Ridge Parkway at the corner of Highland Rd and Rutrough Rd to the Explore Park River Trail. This Agreement does not obligate (commit to) the expenditure of Federal funds nor does it commit the parties to complete the project. Rather, this Agreement sets forth the respective responsibilities as the project proceeds through the project development process. Parties to this Agreement: FHWA-Eastern Federal Lands Highway Division (EFLHD), Virginia Department of Transportation (VDOT), and Roanoke County (ROCO), VA The Program Decision Committee (PDC) approved this project on 7/22/2016. AGREED: Commissioner of Highways, VDOT County Administrator Roanoke County, VA Chief of Business Operations, EFLHD Date Date Date Page 1 of 10 VA FLAP RRG TRL(1) DRAFT 01/19/17 A. PURPOSE OF THIS AGREEMENT This Agreement documents the intent of the parties and sets forth the anticipated responsibilities of each party in the development, construction, and future maintenance of the subject project. The purpose of the Agreement is to identify and assign responsibilities for the environmental analysis, design, right-of-way, utilities, acquisition and construction as appropriate for this programmed project, and to ensure maintenance of the facility for public use if improvements are made. The parties understand that any final decision as to design or construction will not be made until after the environmental analysis required under the National Environmental Policy Act (NEPA) is completed (this does not prevent the parties from assigning proposed design criteria to be studied in the NEPA process.) Any decision to proceed with the design and construction of the project will depend on the availability of appropriations at the time of obligation and other factors such as issues raised during the NEPA process, a natural disaster that changes the need for the project, a change in Congressional direction, or other relevant factors. If Federal Lands Access Program funds are used for the development or construction of this project, Roanoke County, VA agrees to provide a matching share equal to 18.50% of the total cost of the project, as detailed more fully in Section J below. FLAP project funds are not to exceed the approved amount of $1,387,000.00. Before the expenditure of any funds for which reimbursement will be sought from FHWA, the parties agree to execute a separate obligating document. No reimbursement will be made for expenditures made prior to having an obligating document in place. B. AUTHORITY This Agreement is entered into between the signatory parties pursuant to the provisions of 23 U.S.C. 204, and Code of Virginia Sections §33.2-221.A, 33.2-1011 and 33.2-102. C. JURISDICTION AND MAINTENANCE COMMITMENT Roanoke County, VA has jurisdictional authority to operate and maintain the existing facility and will operate and maintain the completed project at its expense. D. FEDERAL LAND MANAGEMENT AGENCY COORDINATION The Virginia Department of Transportation and Roanoke County, VA have coordinated project development with the NPS Blue Ridge Parkway. The NPS Blue Ridge Parkway support of the project is documented per the signed support letters dated 4/9/2015. Each party to this agreement who has a primary role in NEPA, design, or construction shall coordinate their activities with the NPS Blue Ridge Parkway. E. PROJECT BACKGROUND/SCOPE This project will construct an extension of the Roanoke River Greenway (RRG) from the Blue Ridge Parkway to Explore Park, completing a 23 -mile bicycle/pedestrian trail across the Roanoke Valley. RRG is a paved path, 10 -foot wide, built to AASHTO and VDOT standards, including ADA requirements. Completion of the currently funded sections does not provide connection to the BLRI motor road because the trail would end at Page 2 of 10 VA FLAP RRG TRL(1) DRAFT 01/19/17 Highland Road where it tunnels under the Parkway. The next phase, which is included in this project, would provide connection from Highland to the Roanoke River Parkway and thus to BLRL One alternative is to utilize Roanoke Valley Resource Authority (RVRA) land, under easement to BLRI, and cross in an existing tunnel under Roanoke River Parkway with connections to the two overlooks. After passing through the tunnel, RRG would go across the capped landfill, be built on top of a service road, and continue down to the Roanoke River, intersecting the Explore Park River Trail at its terminus. F. PROJECT BUDGET Item Estimate $ Comments EFLHD PROJECT MANAGEMENT $ 27,000.00 PRELIMINARY ENGINEERING $ 95,500.00 RIGHT-OF-WAY $ 54,500.00 CONSTRUCTION ENGINEERING $ 100,000.00 CONSTRUCTION $ 1,456,750.00 TOTAL PROJECT COST $ 1,733,750.00 The EFLHD project management funds (estimated at $27,000.00) will require a tapered match using local matching funds. The matching ratio is 18.50%. Project cost based on the current bid amount, the total available FLAP budget may not be sufficient to award the project as defined in the application. As necessary, Roanoke County, VA will provide additional local funding to address any funding shortfall. G. ROLES AND RESPONSIBILITIES Responsible Party Product/Service/Role Comments EFLHD • Review documentation showing the project is on an approved program of projects and a TIP or STIP • Approve identified design standards/geometrics and the project scope, schedule, and budget • If applicable, review and/or concur with identified lead federal agency and draft environmental documents • Review and adopt NEPA document • Review/approve design exceptions, ROW certifications, utility agreements and, where applicable, railroad agreements • Review and approve 95% PS&E package • Review and/or approve contract package, award package, and all contract modifications • Attend final project inspection. Can be done electronically with photos • Provide assistance in contract disputes and claims if requested by the partner Page 3 of 10 VA FLAP RRG TRL(1) DRAFT 01/19/17 Responsible Party Product/Service/Role Comments VDOT • Responsible for stewardship and oversight of construction letting, bid review, contract award, and project delivery following standard federal -aid procedures as outlined in 23 CFR • Schedule and invite EFLHD and appropriate parties to public meetings • Submit quarterly reimbursement requests to EFLHD for expenses incurred in order to maintain financial activity • Provide quarterly progress and financial reports to EFLHD • Schedule and hold pre -construction meetings and construction inspections • Notify EFLHD of any contract disputes or claims • Provide stewardship and oversight and documentation of the following: o Evidence that project is on an approved program of projects and a TIP or STIP o Design Standards/Geometrics to be used o Identified design exception approval agency o Identified lead federal agency o Anticipated NEPA action o Copy of draft NEPA documents o Copy of final NEPA action o Evidence of permits o Review of Public Notices 0 95% and final PS&E packages o Design exceptions o ROW certifications o Utility/Railroad Agreements o Approval of proprietary products o Contract award documents for review/concurrence o Copy of award package o Proposed contract modifications for concurrence o Documentation of project close-out o Copy of As-builts o Copy of final voucher Page 4 of 10 VA FLAP RRG TRL(1) DRAFT 01/19/17 Responsible Party Product/Service/Role Comments Roanoke • Responsible for construction letting, bid review, contract County, VA award, and project delivery following standard federal -aid procedures as outlined in 23 CFR • Provide construction administration including stewardship and oversight for federal funded projects • Submit quarterly reimbursement requests for expenses incurred in order to maintain financial activity. • Provide quarterly progress and financial reports • Schedule and invite EFLHD and appropriate parties to public meetings • Schedule and hold pre -construction meetings and construction inspections • Provide data on traffic, accidents, material sources, etc • Notify EFLHD of any contract disputes or claims • Final acceptance of project and project closeout • Assume responsibility of the NPDES permit after project completion • Provide long term maintenance and operation of the facility • Provide the following documents and information: o Evidence that project is on an approved program of projects and a TIP or STIP o Design Standards/Geometrics to be used o Identified design exception approval agency o Identified lead federal agency o Anticipated NEPA action o Copy of draft NEPA documents o Copy of final NEPA action o Evidence of permits o Review of Public Notices 0 95% and final PS&E packages o Design exceptions o ROW certifications o Utility/Railroad Agreements o Approval of proprietary products o Contract award documents for review/concurrence o Copy of award package o Proposed contract modifications for concurrence o Documentation of project close-out o Copy of As-builts o Copy of final voucher Page 5 of 10 VA FLAP RRG TRL(1) DRAFT 01/19/17 H. ROLES AND RESPONSIBILITIES — SCHEDULE Responsible Lead Product/Service/Role Schedule Start -Finish ROCO NEPA Document 12/12/16 — 04/08/18 ROCO Final Design 12/12/16 — 04/08/18 ROCO Right of Way 04/09/18 — 04/02/19 ROCO Advertisement 04/02/19 — 04/23/19 ROCO Construction Engineering 04/24/19 — 12/16/20 ROCO Construction 06/20/19 — 08/12/20 ROCO Contract Closeout 08/13/20 — 12/16/20 L PROPOSED DESIGN STANDARDS Final design standards will be determined through the NEPA process. Criteria Comments Standard AASHTO Functional Classification N/A Surface Type AASHTO Design Volume AASHTO J. FUNDING Fund Source Amount Comments Federal Lands Access Program Funding $ 11387,000.00 Roanoke County, VA Local Cash Match $ 346,750.00 TOTAL $ 1,733,750.00 The matching fund share will be documented with a PR -2 to be submitted by the VDOT following submittal of required stewardship documents. K. MATCHING SHARE REQUIREMENTS Matching or cost sharing requirements may be satisfied following the obligation of funds to the project by: allowable costs incurred by the State or local government, cash donations, the fair and reasonable value of third party in-kind contributions (but only to the extent that the value of the costs would be allowable if paid for by the party responsible for meeting the matching share), including materials or services; however no costs or value of third party contributions may count towards satisfying the matching share requirements under this agreement if they have or will be counted towards meeting the matching share requirements under another federal award. Costs and third party contributions counting toward satisfying a cost sharing or matching requirement must be verifiable from the records of the party responsible for meeting the matching requirements. The records must demonstrate how the value of third party in Page 6 of 10 VA FLAP RRG TRL(l) DRAFT 01/19/17 kind contributions was derived. Voluntary services sought to be applied to the matching share will be supported by the same methods that the party to this agreement uses to support allocability of personnel costs. Any donated services provided by a third party will be valued at rates consistent with those ordinarily paid by employers for similar work in the same labor market. Supplies furnished will be valued at their market value at the time of donation. Donated equipment or space will be valued at fair rental rate of the equipment or space. All records associated with valuations or costs under section K shall be accessible and be maintained for three years following project close-out. L. PROJECT TEAM MEMBERS - POINTS OF CONTACT The following table provides the points of contact for this project. They are to be the first persons to deal with any issues or questions that arise over the implementation of each party's role and responsibility for this agreement. Name Title Agency Element Phone & Email Jacinda EFLHD Access Project 571-434-1543 Russell Program Manager EFLHD Management Jacinda.Russell@dot.gov Charlie Program 571-434-1558 Costello Planning EFLHD Coordination Charlie. Costellogdot. gov Specialist Director of Parks, Roanoke Coordination 540-777-6321 Doug Blount Recreation and County dblountkroanokecount, va. _ov Tourism Lon Planning and Roanoke Project 540-777-6324 Williams Development County Manager lwilliamsgroanokecountyva.gov Manager Cheryl Locally VDOT District 540-387-5399 Becker Administered Project cheryl.beckerkvdot.virginia.gov Proj ects Coordination Coordinator Jay Guy Program Manager VDOT District 540-387-5247 Project james.guygvdot.vir ig nia.goy Coordination H.W. Federal Programs VDOT Coordination 804-786-2264 Chenault Supervisor H.ChenaultkVDOT.virginia.gov Richard Assistant County Roanoke Coordination 540-776-7190 Caywood Administrator County rca, woodkroanokecoun va. , _ov M. CHANGES/AMENDMENTS/ADDENDUMS The agreement may be modified, amended, or have addendums added by mutual agreement of all parties. The change, amendment, or addendum must be in writing and executed by all of the parties. The types of changes envisioned include, but are not limited to, changes that significantly impact scope, schedule, or budget; changes to the local match, either in type or responsibility; changes that alter the level of effort or responsibilities of a party. The Page 7 of 10 VA FLAP RRG TRL(1) DRAFT 01/19/17 parties commit to consider suggested changes in good faith. Failure to reach agreement on changes may be cause for termination of this agreement. A change in the composition of the project team members does not require the agreement to be amended. It is the responsibility of the project team members to recognize when changes are needed and to make timely notification to their management in order to avoid project delivery delays. N. ISSUE RESOLUTION PROCEDURES MATRIX Issues should be resolved at the lowest level possible. The issue should be clearly defined in writing and understood by all parties. Escalating to the next level can be requested by any party. When an issue is resolved, the decision will be communicated to all levels below. FHWA VDOT Roano `eACounty, Time Project Manager LAP Coordinator Lon Williams (Jacinda Russell) (Cheryl Becker) 5 Working Days Planning and Program Manager Doug Blount Programs Manager (Jay Guy) 5 Working Days Chief of Business Federal Programs Doug Blount Operations Supervisor 5 Working Days (H.W. Chenault) Division Director Federal Programs Richard Caywood, Supervisor Assistant County 5 Working Days (H.W. Chenault) Administrator O. TERMINATION This agreement may be terminated by mutual written consent of all parties. This agreement may also be terminated if either the NEPA process or funding availability requires a change and the parties are not able to agree to the change. Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. If Federal Access funds have been expended prior to termination, the party responsible for the match agrees to provide a match in the applicable percentage of the total amount expended on the project prior to the termination. P. STEWARDSHIP & OVERSIGHT ACTIVITIES Based upon the risk assessment, complexity of the undertaking, and capabilities and past performance of the delivery partner, the EFLHD had determined this project to be low risk. The table below identifies necessary Stewardship and Oversight Activities. If items are not delivered timely or in such poor condition that it brings into question the ability to deliver, the issue will be elevated to all participants to the agreement using the issue resolution procedures matrix identified above. Page 8 of 10 VA FLAP RRG TRL(1) DRAFT 01/19/17 Phase or Activity Partner EFLHD Comments Role Role Planning & Programming Evidence that project is on an Provide Review For funds disbursed by a division, they approved program of projects Provide Review/ may know this already Evidence of being on a TIP or STIP Provide Review following Fed Aid procedures. Project agreement with scope, EFLHD would be a signatory. Would schedule, & budget Provide Approve be involved in the drafting to define Concur what S&O deliverables it will receive Environment Lead Federal agency identified Provide Concur FHWA must be a co- lead agency on an Provide File copy package in its files in case inquiries are EIS Copy of/review of Draft documents Provide Review/ EFLHD should review to insure they can Concur be adopted by EFLHD Copy of NEPA action Provide File copy (CE, EA, or EIS) Evidence of permits Provide File copy Adopt or Sign off on FHWA NEPA document Provide develop parallel EFLHD approval needed Document Design Review 95% PS&E Provide Review/ Are required contract provisions included Approve — Common Rule or Fed -Aid? Review design exceptions Provide Review/ If the partner is a State DOT, they would Approve follow their process Review ROW certifications Provide Review/ If ROW is acquired, it must follow Approve Uniform Federal Relocation Act Utility/Railroad Agreements Provide Review/ Approve EFLHD needs certification Phase or Activity Partner EFLHD Comments Role Role Acquisitions Review contract package for Would not need to do this if the partner required clauses (Civil Rights, Provide Review/ is another federal agency or State DOT Davis -Bacon, Buy America/ Approve following Fed Aid procedures. American etc. Concur in award of contract Provide Review/ Generally would only get involved if Concur additional funds required EFLHD should have a copy of the Receive copy of award package Provide File copy package in its files in case inquiries are received Page 9 of 10 VA FLAP RRG TRL(1) DRAFT 01/19/17 Page 10 of 10 VA FLAP RRG TRL(1) Review/ Review or approve contract Provide Concur Depends Need to assure non -eligible work is not modifications upon nature being paid for with program funds of CM Construction FLH should attend the final project inspection for projects above $500,000.00 Final Project Inspections Schedule Attend in FLAP funds regardless of risk level or elevated risk projects. Final project inspection could be done electronically with photos. Generally only request these if project adjacent to or along a corridor EFLHD is Copy of As-builts Provide File copy working on or if EFLHD does asset management. Used for updating system info Copy of final voucher Provide File copy Contract Dispute Notify Provide assistance if Need to be aware if additional funds are (Claim) requested needed Page 10 of 10 VA FLAP RRG TRL(1) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON FEBRUARY 28, 2017 ORDINANCE ACCEPTING AND APPROPRIATING FEDERAL LANDS ACCESS PROGRAM GRANT FUNDS IN THE AMOUNT OF $1,733,750 FROM THE EASTERN FEDERAL LANDS DIVISION OF THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION FOR EXTENSION OF THE EAST ROANOKE RIVER GREENWAY FROM THE BLUE RIDGE PARKWAY TO EXPLORE PARK WHEREAS, in April 2015, Roanoke County, in coordination with the Roanoke Valley Greenway Commission, the Roanoke Valley Resource Authority, and the National Park Service, submitted a request to the Eastern Federal Lands Division of the U.S. Department of Transportation Federal Highway Administration for Federal Lands Access Program (FLAP) funds for the eastern section of the Roanoke River Greenway extensions proposed between the Blue Ridge Parkway and Explore Park; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, Roanoke County is committed to provide a twenty percent (20%) matching contribution for this project in the amount of $346,750, which may be in the form of cash, private contributions, donations of goods and services and land value; and WHEREAS, the FLAP funds must be allocated to the East Roanoke River Greenway extension from the Blue Ridge Parkway to Explore Park for engineering, environmental permitting, right-of-way acquisition, and construction; and WHEREAS, the appropriations designated for the East Roanoke River Greenway Project will not lapse at the end of each fiscal year, but shall remain appropriated until the completion of the project. It is acknowledged, however, that FLAP funds are Page 1 of 3 subject to deallocation if not expended within four years of allocation; and WHEREAS, Roanoke County will be responsible for maintenance and operating costs of any improvement or facility constructed with FLAP funds unless other arrangements have been made with the Virginia Department of Transportation (VDOT); and WHEREAS, Roanoke County is willing to enter into a project administration agreement with VDOT and to provide the necessary oversight to ensure the project is developed in accordance with all state and federal requirements for design, right of way acquisition, and construction of a federally funded transportation project; and WHEREAS, if Roanoke County subsequently elects to cancel this project, Roanoke County acknowledges that it will be required to reimburse VDOT for the total amount of costs expended by VDOT up until the date VDOT is notified of such cancellation. Roanoke County also acknowledges that it will be required to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration. WHEREAS, the first reading of this ordinance was held on February 14, 2017, and the second reading was held on February 28, 2017; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the sum of $1,733,750 is hereby accepted from the Federal Lands Access Program and is appropriated to the Department of Parks, Recreation and Tourism for fiscal years 2017 through 2021; and Page 2 of 3 2. That the County Administrator or Assistant County Administrator is hereby authorized to execute such project agreements (all of which shall be approved as to form by the County Attorney) and take such actions on behalf of Roanoke County in this matter as are necessary for the extension, maintenance, and operation of the East Roanoke River Greenway from the Blue Ridge Parkway to Explore Park. 3. That this ordinance shall take effect from and after the date of adoption. Page 3 of 3 ACTION NO. ITEM NO. H.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: February 28, 2017 Ordinance approving a lease agreement with the Roanoke Valley Broadband Authority (RVBA) to lease 90 square feet in the Roanoke County Public Safety Building located at 5925 Cove Road in Roanoke, Virginia Rob Light Director of General Services APPROVED BY: Thomas C. Gates County Administrator ISSUE: Approval of a lease agreement between Roanoke County and the Roanoke Valley Broadband Authority (RVBA) to provide 90 square feet of space within the Roanoke County Public Safety Building infrastructure equipment necessary for operation of a broadband network. BACKGROUND: Design of the Roanoke County's broadband infrastructure identified the County's Public Safety Building as a logistically beneficial location for placement of equipment necessary for operation of the broadband network. The Public Safety Building is served by a redundant power source and has sufficient cooling capacity to accommodate the required equipment. DISCUSSION: The initial proposed lease term would be for fifteen years commencing on March 1, 2017. The lease would automatically renew for an additional five year period unless written notice is provided by either party at least ninety days prior to the end of the initial term. The County can terminate this lease at any time with six months notice. The only change since the first reading of this ordinance on February 14, 2017 is the Page 1 of 2 inclusion of the lease exhibits. FISCAL IMPACT: The RVBA will pay $1,680 annually as rent to the County which includes space rental and anticipated electric consumption charges. 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, FEBRUARY 28, 2017 ORDINANCE APPROVING A LEASE FOR 90 SQUARE FEET OF SPACE IN THE ROANOKE COUNTY PUBLIC SAFETY BUILDING TO THE ROANOKE VALLEY BROADBAND AUTHORITY WHEREAS, the Roanoke Valley Broadband Authority ("Authority") is an authority formed and existing in accordance with Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, the Virginia Wireless Services Authorities Act §§15.2-5431.1, et seq; and WHEREAS, Roanoke County is a member of the Authority and benefits from the services of the Authority; and WHEREAS, the Authority wishes to lease space in the Roanoke County Public Safety Building located at 5925 Cove Road, Roanoke, VA 24019 for placement of necessary equipment and infrastructure; and WHEREAS, such lease will not interfere with the operations of the County Public Safety Center; and WHEREAS, such lease is mutually beneficial to the parties and the consideration paid by the Authority to the County will represent the County's costs of providing electricity for the Authority's equipment; and WHEREAS, this Ordinance authorizes the Authority to place its equipment in the designated leased space in accord with the terms of the Lease dated March 1, 2017; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests by ordinance; the first reading of this Page 1 of 2 Ordinance was held on February 14, 2017, and the second reading was held on February 28, 2017. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Lease Agreement between the County and the Authority dated March 1, 2017, is hereby approved; and 2. That the lease of the ninety square feet of space in the County Public Safety Building, located at 5925 Cove Road, Roanoke, Virginia, 24019 (Tax Map #036.16-01-11.01-0000), to the Authority from March 1, 2017 through March 31, 2032, is hereby approved; and 3. 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. 4. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 LEASE AGREEMENT (Roanoke County Public Safety Center, 5925 Cove Road 24019) THIS LEASE, made and entered into this day of 2017, by and between the Board of Supervisors of Roanoke County, Virginia, ("Landlord") and the Roanoke Valley Broadband Authority, ("Tenant") an authority formed and existing in accordance with the provisions of Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, and the Virginia Wireless Services Authorities Act §§ 15.2-5431.1, etseq. (the "Act") ("Tenant"), WITNESSETH: That for and in consideration of the mutual covenants and obligations hereinafter set forth, Landlord agrees to lease and Tenant agrees to rent a portion of the building on Landlord's property located at 5925 Cove Road, Roanoke, VA 24019 (the "Property"), as shown on the drawings attached hereto as Exhibit A and being approximately ninety (90) square feet, with non-exclusive access from Cove Road. 1. Lease Term. The initial term of this Lease shall be for a period of fifteen (15) years, commencing on March 1, 2017 (the "Rent Commencement Date") and ending February 28, 2032. This Lease may be automatically renewed for one five (5) year period upon the same terms and conditions stated herein unless either party notifies the other party, in writing, not less than ninety days prior to the end of the initial term indicating their intention not to renew this Lease. The initial term and any extension made in accordance with the terms of this Lease are to be considered the "Lease Term" of this Lease. Notwithstanding the forgoing, the Landlord may, with prior written notice delivered to the Tenant at least six months in advance, terminate the Lease at any time. 2. Basic Rent. The goal of Landlord is cost -recovery, not profit, with regard to rent collected from Tenant. With that goal in mind, Tenant covenants and agrees to pay Landlord, as rent for each calendar year, the estimated sum of $1,680. Rent shall be payable without deduction, offset, notice or demand, in advance at the rate of $140.00, on or before the first (1st) day of each month during the initial or any renewal term of this Lease. Payments shall be made by check payable to Landlord or its assigns and delivered to Landlord. At the end of each calendar year during the term of this Lease, Landlord and tenant shall reconcile and "true -up" the account to ensure that the Landlord has recovered actual costs of providing electricity to Tenant under the terms of this Lease. 3. Premises. Landlord does lease unto Tenant, and Tenant does lease from Landlord, for the term hereinafter set forth, approximately ninety square feet of space on the premises located at 5925 Cove Road in Roanoke County, as depicted on the attached Exhibit A ("the Premises"), and 1) any improvements that may be located thereon; 2) such rights of way and easement on, over, under, across, and through the adjoining lands of Landlord, extending from the Premises to the nearest 1 convenient public road and of standard vehicular width as shall be necessary for ingress and egress to and from the Premises; 3) such other rights of way and easements on, over, under, across, and through the adjoining property of Landlord as may be required by Tenant for the purpose of bringing electricity, telephone and any and all other utilities to the Premises; and 4) the right to park vehicles on or about the Premises, the lands immediately adjacent thereto during periods of construction, site inspection, and necessary maintenance and repair work. Tenant acknowledges that the Property is a secure, public safety facility, operated for the health, safety, and law enforcement purposes for benefit of residents of Roanoke County. Tenant further acknowledges that Landlord's use of Property as a secure public safety facility supersedes all other uses of the Property, including those uses as may be set forth in this Lease. Tenant shall have the right to use the Premises each day, subject to requirements necessary to maintain the Landlord's public safety operations, for the installation, maintenance and operation of its telecommunications equipment. To the extent that Tenant deems it necessary to construct, erect, install, lay, use or attach to any poles, conduits, vaults, handholds or any other communications facilities, place aerial communications lines or place underground, and thereafter use, operate, inspect, maintain, repair, replace, and/or remove a telecommunications system, consisting of fiber optic lines, high speed broadband equipment, wires, cables, conduits, wireless communications equipment, shelters, generators, and other related on the ground, above ground, and subsurface fixtures, equipment, appurtenances and facilities, including any replacements, upgrades, and improvement of any such items (collectively, the "Facilities") on the Property, as it exists on the date of this Lease and as depicted on the plat attached hereto as Exhibit B (the "Licensed Area"), the Landlord may grant a license for such purposes, upon written request from Tenant prior to the undertaking of such construction. Such permission and /or license shall not be withheld where such construction is necessary for Tenant's operations and where such construction does not interfere with Landlord's use of the Property for public safety functions. The license includes the right of access over the Property in order for the Tenant to access and/or use the Licensed Area, including, but not limited to, uses for temporary construction purposes and/or investigation and/or testing of the Licensed Area and surrounding areas. Tenant's rights set forth above will not interfere with Landlord's use of the Property outside the Licensed Area. Tenant will clean up and restore property at conclusion of each installation or repair process. Tenant shall not obstruct or interfere with the rights of other tenants of Landlord, or injure or annoy them, or permit anything to be done which will in any way increase the rate of fire insurance or liability insurance on the Premises or contents, and in the event that, by reason of acts of Tenant, there is any increase in rate of such insurance on the Premises or contents, created by Tenant's acts or conduct of the business, then Tenant hereby agrees to pay such increase. It is further agreed that Tenant shall use the Premises solely for the purpose specified in this OA Agreement. Tenant, at its expense, shall procure any and all governmental licenses and permits required for the conduct of Tenant's business on the Premises and shall at all times comply with the requirement of each such license and permit. Landlord is not required, and does not represent or warrant that it will obtain or endeavor to obtain for Tenant (or that Tenant will be able to obtain) any license or permit. 4. Information Technology Security The parties understand and acknowledge that each party is subject to the security requirements set forth by the National Institute of Standards and Technology (NIST) in NIST Special Publication 800-14. The parties further acknowledge that they have taken affirmative steps to ensure practices consistent with the terms and conditions set forth in NIST 800-14, particularly Section 3.10 "Physical and Environmental Security" of each parties' networks, information technology equipment, and the electronically stored information thereon. Tenant's Expenses. Tenant's expenses shall include, but are not limited to: A. The complete cost of telephone, telecommunication services, wireless or any type of internet service or another type of communication services the Tenant desires to utilize during the term of this Lease. B. Tenant improvements, equipment and fixtures installed on the Premises. C. Maintenance of the Premises. D. Insurance for Tenant's personal property, equipment and fixtures. E. Materials, tools and equipment, florescent and incandescent lamps, filters, cleaning supplies and maintenance items specific to Tenant's business or made necessary by Tenant's business for specific particular use of Tenant's officers, agents, employees, servants, contractors, patrons, customers, licensees, invitees and visitors. 6. Landlord's Expenses. Landlord shall provide for the Tenant's use in the Premises: A. Electric current. B. Heating and air conditioning. C. Maintenance of the Property. D. Building Security. 7. Tenant's Duty of Care. A. Tenant will, at Tenant's own cost and expense, maintain the Premises in sound condition and good repair, and shall repair or replace any damage or injury done to the Premises, or any part thereof by Tenant or Tenant's agents, employees, invitees and visitors. If Tenant fails to make such repair or replacements promptly within fifteen days of occurrence to the satisfaction of Landlord, Landlord may, at its option, make such repairs or replacements, and Tenant shall reimburse Landlord for the out-of-pocket, direct and reasonable costs thereof on demand. Tenant waives all right to make repairs at the expense of Landlord, or to deduct the cost thereof from Basic Rent. B. All trade fixtures and trade equipment installed by Tenant, if any, for its business purposes, whether or not attached to the Premises, will remain the property of Tenant and will be removable, at any time and from time to time during the term of this Lease or at the expiration of prior termination thereof. Furthermore, Landlord shall have no right or claim to any insurance proceeds payable on account of damage to or destruction of any of the property of Tenant. Any easements granted to Tenant under this Agreement shall continue during a reasonable period after the expiration or earlier termination of this Lease as is necessary for Tenant to remove such Tenant's property. 8. Landlord Repairs. Landlord, at its expense, shall maintain the Property, in good working order and repair. 9. Quiet Possession. Landlord hereby covenants that Tenant, upon paying Basic Rent as herein provided, and performing all covenants and agreements herein contained, shall and may peacefully and quietly have, hold and enjoy the Premises. 10. Condition of Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises or the Property or with respect to the suitability of either for the conduct of Tenant's business or profession. By taking of possession of the Premises, Tenant conclusively acknowledges that the Premises and the Property are in satisfactory condition at such time. 11. Insurance. A. Landlord shall carry all-risk property damage and hazard -casualty insurance insuring against loss or damage to the Premises amounts and with companies as Landlord chooses at its sole discretion. B. Tenant shall, at its expense, maintain in effect a general liability policy, with minimum coverages not less than Two Million Dollars ($2,000,000.00). The coverage amounts shall be subject to periodic increases based on inflation, increased liability awards, recommendation of Landlord's professional insurance advisors, and other relevant factors. The amount in coverage of such insurance shall not limit Tenant's liability or relieve Tenant of any other obligation under this E Lease. The liability policy shall be primary and non-contributing, contain cross - liability endorsements, and show Landlord as an additional insured. Tenant shall provide Landlord with verification that the policy or policies are in effect upon request by Landlord. Landlord shall be named as an additional insured on Tenant's policy of insurance. 12. Compliance with Laws and Governmental Regulations. Tenant shall, in the use and occupancy of the Premises and the conduct of Tenant's business or profession therein, at all times comply with all applicable laws, ordinances, orders, notices, rules and regulations of the federal, state and municipal governments. 13. Easements, Restrictions and Rights -Of -Way. The Premises are leased subject to all easements, restrictions and rights-of-way legally affecting the Premises. Landlord represents that, to the best of its knowledge, as of date of execution of this Lease, the Permitted Uses are not prohibited by any easement, restriction, or right of way. 14. Brokers. Tenant represents that there was no broker instrumental in consummating this Lease, and that no conversations or prior negotiations were had with any broker concerning the renting of the Premises. 15. Parking. Tenant shall also have the non-exclusive right, in common with other Tenants and Landlord, to use the areas surrounding the Premises designated as parking for the parking of automobiles of Tenant and its officers, agents, employees, servants, contractors, patrons, customers, licensees, invitees, and visitors, without separate charge, on a non-exclusive basis, incident to Tenant's permitted use of the Premises. Tenant shall have no designated parking spaces and shall observe restricted parking areas designated by Landlord. 16. Bindingeffect. ffect. Each and all of the covenants terms, provisions and agreements of this Lease shall be binding upon and inure to the benefit of the parties and, to the extent permitted by this Lease, their respective heirs, executors, administrators, legal representatives, successors and assigns; provided that Landlord shall have no obligation to Tenant's successor unless the rights or interests of Tenant's successor are acquired in accordance with the terms of this Lease. 17. Entire agreement. This Lease, including the Exhibits hereto (which are hereby incorporated by this reference), supersedes all prior discussions, proposals, negotiations and discussions between the parties and the Lease, and all documents incorporated by reference, contains all the agreements, conditions, understandings, representations and warranties made between the parties hereto with respect to the subject matter hereof, and may not be modified orally or in any manner other than by an agreement in writing signed by both parties hereto or their respective successors in interest. 5 18. Time is of the essence. Time is of the essence in all provisions of this Lease, including all notice provisions to be performed by or on behalf of Tenant. 19. Counterparts. This Lease may be executed in any number of counterparts, each of which when taken together shall be deemed to be one and the same instrument. 20. Severability. If any provisions of this Lease shall be held to be invalid, void or unenforceable, the remaining provisions hereof shall in no way be affected or impaired and such remaining provisions shall remain in full force and effect. 21. Additional Acts. Each party will execute and deliver all other additional and necessary instructions and documents and do all other acts and things as may be reasonably necessary to more fully effectuate this Lease. 22. Choice of law. This Lease shall be construed, governed and enforced in accordance with the laws of the Commonwealth of Virginia, without regard to principles relating to conflicts of law. 23. Forum selection. For any action relating in any way to this Lease or in any way related to Tenant's use of the Premises, Tenant consents to the exclusive jurisdiction of the state courts of the Commonwealth of Virginia and to the federal courts located in the Western District of Virginia, and Tenant hereby agrees that the sole and exclusive venue of any such action shall be the Circuit Court of the County of Roanoke Virginia, or the United States District Court for the Western District of Virginia, Roanoke Division. 24. No partnership created. Landlord does not, in any way or for any purpose, become a partner of Tenant in the conduct of its business, or otherwise or joint venturer or a member of a joint enterprise with Tenant. This Lease establishes a relationship solely of that of a landlord and tenant. 25. Construction. No provision of this Lease shall be construed against or interpreted to the disadvantage of any party by any court or other governmental or judicial authority by reason of that party's having or being deemed to have prepared or imposed that provision. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and plural, and pronouns stated in either the masculine, the feminine or the neuter gender shall include the masculine, feminine and neuter. Headings are for convenience only and shall not constitute any addition to or alteration of the terms of this Lease. 26. Representations and Warranties. Each party, for itself, represents and warrants to the other as follows: A. It is duly constituted, in good standing and qualified to do business in the Commonwealth of Virginia and the signatories signing on its behalf have the requisite authority to bind it to the obligations under this Lease; and M B. The execution and entry into this Lease, and the performance of its duties and obligations under this Lease and of all other acts necessary and appropriate for the full consummation of this Lease, are consistent with and not in violation of any contract, agreement or other instruments to which it is a party, or any judicial order or judgment of any nature by which it is bound; and all necessary and appropriate actions have been taken by its authorizing and approving the execution of and entry into this Lease, the execution and delivery by it of the documents and instruments to be executed by it, and the performance by it of its duties and obligations under this Lease. [SIGNATURES ON FOLLOWING PAGE] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 14 7 IN WITNESS WHEREOF, the parties hereto have executed this Lease under seal the day and year first above written. ROANOKE COUNTY, VIRGINIA, Landlord Thomas C. Gates, County Administrator STATE OF VIRGINIA COUNTY OF ROANOKE; to -Wit: I hereby certify that the foregoing instrument was acknowledged before me this day of , 2017 by Thomas C. Gates, County Administrator for Roanoke County, Virginia, Landlord. My commission expires: My registration number: Notary Public ROANOKE VALLEY BROADBAND AUTHORITY, Tenant Frank M. Smith II, President and CEO CITY OF ROANOKE; to -Wit: I hereby certify that the foregoing instrument was acknowledged before me this day of , 2017 by Frank M. Smith II, President and CEO of the Roanoke Valley Broadband Authority, Tenant. My commission expires: My registration number: Notary Public EXHIBIT A Roanoke County Public Safety Center located on Roanoke County Tax Parcel Number 036.16-01-11.01-0000 located at 5925 Cove Road, Roanoke, Virginia 24019. I 4 EXHIBIT B 10 0 0 I� �m r� ,b -,l ,S ,Sl � m - M O 3op - o O m h O � 0 o -Ll o -Ll 0 -Ll 0-Ll,O-,LL 0 -LL XVV rwm w < 6 w ti S 0-0 r 0 o -Ll ID El � p OoO r 6a o_ o O O o- 0 oY a— L 01� ,o -,l m0 -,6L m o O O W,6-,Ol V-2 O m � s L M � bo b -L7 �� ry �Q I m 0 e ..d—.l .e . .d—.m .b—u ..,a—.6 .k—,L o do Z- l o 9� o 0 „0-,6 „b „9-,91 Ol ;b „l -,L ,s -,L L -,b n �0 , _ 4-0 `SSS++ i ni ti C W •i -ti SON W � o �Q©gip �a z w 3N u g0'4LL • � 3.Ltpsm9N W i Z � � i77 'L Fti�a `' �A �� 53Jva5 a rt N F v R a Yx r lam, o a '°rr&,� __ ail �§�g�- "mow � -_ i - � •� H \ � _ o r� 1 _cam �������� �� $ •� ___� Yi _____ I w Ito 4 U. �- �.'• 3 M 4 p ... W M a ACTION NO. ITEM NO. H.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: February 28, 2017 Ordinance approving a lease agreement with the Roanoke Valley Broadband Authority (RVBA) for 500 square feet of ground space on the parcel for the South County Library, located at 6303 Merriman Road in Roanoke, Virginia Rob Light Director of General Services APPROVED BY: Thomas C. Gates County Administrator ISSUE: Approval of a lease agreement between Roanoke County and the Roanoke Valley Broadband Authority (RVBA) providing RVBA with approximately 500 square feet of ground space in proximity to the South County Library for placement of infrastructure and equipment necessary for the implementation of Roanoke County's broadband network. BACKGROUND: As part of the construction of a Roanoke County broadband fiber system, the Roanoke Valley Broadband Authority (RVBA) is seeking approximately 500 square feet of ground space in close proximity to the South County Library for installation of a structure to house equipment necessary for operation of the broadband system. RVBA will install a small concrete building, equipment, and generator on the designated site to provide a disaster resiliency for communication lines. The structure will be appropriately positioned and screened from view so as to minimize impact on the aesthetic quality of the South County Library. The proposed lease agreement would be for a term of fifteen years commencing on March 1, 2017. The lease would automatically renew for an additional five year period unless written notice is provided by either party at least ninety days prior to the end of the initial term. The County can terminate this lease at any time with a notice of six Page 1 of 3 months. DISCUSSION: The County currently utilizes space inside the South County Library for data storage and disaster resilience needs. Design requirements for broadband installation likewise determined the South County Library site to be an optimal location for equipment necessary to operate the broadband infrastructure network. County staff, along with RVBA staff explored several options for accommodating both County and RVBA needs at the South County Library location including the option of having RVBA co -locate equipment within the South County Library. After a complete assessment, it was determined the Library as currently constructed is not capable of meeting the comprehensive Disaster Resilience (DR) attributes required for Broadband infrastructure design. In light of RVBA's needs and the greater resilience of the RVBA facility, the County intends to co -locate its equipment with the RVBA in a common structure which will ensure a 99.99999% survivability rate for critical information technology data and systems. In addition to ensuring critical technology operations are maintained, co -location in a dedicated DR structure with the Broadband Authority provides the County with a net operational cost savings. The existing air conditioning unit for the South County Library server room, which currently houses over $500,000 worth of County DR equipment, does not have the capacity to provide the necessary cooling load to protect equipment from overheating. Co -location of County equipment with RVBA equipment will allow for the County to avoid new investment in additional cooling capacity. The only change since the first reading of this ordinance on February 14, 2017, is the inclusion of the lease exhibits. FISCAL IMPACT: The RVBA will pay $120 annually as rent to the County. Separate metering within the DR structure will allow the RVBA and the County to be billed separately for electrical usage. The County will provide $52,343 to the RVBA for costs related to the increased size requirement of the DR structure to accommodate County equipment. This cost includes proportional expenses for the additional cooling and generator redundancy needs necessary as a result of the County's use of the structure. Co -location of County equipment within the RVBA structure will permit the County to avoid approximately $35,000 in expense associated with upgrading the cooling capacity in South County Library. Additionally, approximately $150,000 in costs associated with Page 2 of 3 the streaming of back-up data and equipment replacement at a third site located out of County will be avoided. Funding for the $52,343 co -location investment will be provided from the Department of General Services capital maintenance account through deferral of the Server Room Cooling System Replacement project and from existing Comm/IT equipment and infrastructure replacement funds. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 28, 2017 ORDINANCE APPROVING A LEASE TO THE ROANOKE VALLEY BROADBAND AUTHORITY AT THE SOUTH COUNTY LIBRARY WHEREAS, the Roanoke Valley Broadband Authority ("Authority") is an authority formed and existing in accordance with Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, the Virginia Wireless Services Authorities Act §§15.2-5431.1, et seq; and WHEREAS, Roanoke County is a member of the Authority and benefits from the services of the Authority; and WHEREAS, the Authority wishes to lease space on the site of the South County Library, located at 6303 Merriman Road, Roanoke, Virginia, 24018 (Tax Parcel ID 097.05- 01-26.00.0000), for placement of a building (the "Hut") to house necessary equipment and infrastructure; and WHEREAS, such lease will not interfere with the operations of the Library; and WHEREAS, the County will utilize approximately 500 square feet of space within the Authority's building to house the County's disaster -recovery information technology equipment, subject to NIST 800-14 and other applicable data security standards; and WHEREAS, such lease is mutually beneficial to the parties; and WHEREAS, this Ordinance authorizes the Authority to construct the Hut on the designated leased space in accord with the terms of the Lease dated March 1, 2017; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests by ordinance; the first reading of this Page 1 of 2 Ordinance was held on February 14, 2017, and the second reading was held on February 28, 2017. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Lease Agreement between the County and the Authority dated March 1, 2017 is hereby approved; and 2. That the lease of the 500 square feet of space at South County Library, located at 6303 Merriman Road, Roanoke, Virginia, 24018 (Tax Parcel ID 097.05-01- 26.00.0000) to the Authority from March 1, 2017 through March 31, 2032 is hereby approved; and 3. 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. 4. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 LEASE AGREEMENT (South County Library, 6303 Merriman Road Roanoke, Virginia, 24018) THIS LEASE, made and entered into this day of , 2017, by and between the Board of Supervisors of Roanoke County, Virginia, ("Landlord" or "County") and the Roanoke Valley Broadband Authority, an authority formed and existing in accordance with the provisions of Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, and the Virginia Wireless Services Authorities Act §§ 15.2-5431.1, etseq. (the "Act") ("Tenant"), WITNESSETH: That for and in consideration of the mutual covenants and obligations hereinafter set forth, Landlord agrees to lease and Tenant agrees to rent portions of the Landlord's Property located at 6303 Merriman Road, S.W., Roanoke, VA 24018, Tax Parcel ID 097.05-01-26.00.0000 (the "Property"), as shown on the drawings attached hereto as Exhibit A and being approximately five hundred square feet, with non-exclusive access from Merriman Road as well as the non-exclusive use of bathrooms and other public accommodations located in and on the Landlord's Property. Tenant shall construct, in accord with agreed -to specifications, a structure on the Property that shall be designated as "the Hut" and a redundant power supply for the equipment in the Hut. The dimensions and specifications for the Hut are depicted on the attached Exhibit B. 1. Lease Term. The initial term of this Lease shall be for a period of fifteen (15) years, commencing on March 1, 2017 (the "Rent Commencement Date") and ending February 28, 2032. This Lease may be automatically renewed for one five (5) year period upon the same terms and conditions stated herein unless either party notifies the other party, in writing, not less than ninety days prior to the end of the initial term indicating their intention not to renew this Lease. The initial term and any extension made in accordance with the terms of this Lease are to be considered the "Lease Term" of this Lease. Notwithstanding the forgoing, the Landlord may, with prior written notice delivered to the Tenant at least six months in advance, terminate the Lease at any time. 2. Basic Rent. The goal of Landlord is cost -recovery, not profit, with regard to rent collected from Tenant. With that goal in mind, Tenant covenants and agrees to pay Landlord, as rent for each calendar year, the sum of $120. Rent shall be payable without deduction, offset, notice or demand, in advance at the rate of $10, on or before the first day of each month during the initial or any renewal term of this Lease. Payments shall be made by check payable to Landlord or its assigns and delivered to Landlord. 3. Premises. Landlord does lease unto Tenant, and Tenant does lease from Landlord, for the term hereinafter set forth, approximately five hundred square feet of space on the Property located at 6303 Merriman Road in Roanoke County, as depicted on the attached Exhibit A ("the Premises"), and 1) any improvements that may be located thereon; 2) such rights of way and easement on, over, under, across, and through the adjoining lands of Landlord, extending from the Premises to the nearest 1 convenient public road and of standard vehicular width as shall be necessary for ingress and egress to and from the Premises; 3) such other rights of way and easements on, over, under, across, and through the adjoining property of Landlord as may be required by Tenant for the purpose of bringing electricity, telephone and any and all other utilities to the Premises; and 4) the right to park vehicles on or about the Premises and the lands immediately adjacent thereto during periods of construction, site inspection, and necessary maintenance and repair work. Tenant shall have the right to use the Premises each day, subject to Landlord's operation of the Property as a public library, for the installation, maintenance and operation of its telecommunications equipment. To the extent that Tenant deems it necessary to construct, erect, install, lay, use or attach to any poles, conduits, vaults, handholds or any other communications facilities, place aerial communications lines or place underground, and thereafter use, operate, inspect, maintain, repair, replace, and/or remove a telecommunications system, consisting of fiber optic lines, high speed broadband equipment, wires, cables, conduits, wireless communications equipment, shelters, generators, and other related on the ground, above ground, and subsurface fixtures, equipment, appurtenances and facilities, including any replacements, upgrades, and improvement of any such items (collectively, the "Facilities") on the Property, as it exists on the date of this Easement and as depicted on the plat attached hereto as Exhibit C, the Landlord may grant a license for such purposes, upon written request from Tenant prior to the undertaking of such construction. Such permission and /or license shall not be withheld where such construction is necessary for Tenant's operations and where such construction does not interfere with Landlord's use of the Property for public safety functions. The license includes the right of access over the Property in order for the Tenant to access and/or use the Licensed Area, including, but not limited to, uses for temporary construction purposes and/or investigation and/or testing of the Licensed Area and surrounding areas. Tenant's rights set forth above will not interfere with Landlord's use of the Property outside the Licensed Area. Tenant will clean up and restore property at conclusion of each installation or repair process. Tenant shall not obstruct or interfere with the rights of other tenants of Landlord, or injure or annoy them, or permit anything to be done which will in any way increase the rate of fire insurance or liability insurance on the Premises or contents, and in the event that, by reason of acts of Tenant, there is any increase in rate of such insurance on the Premises or contents, created by Tenant's acts or conduct of the business, then Tenant hereby agrees to pay such increase. It is further agreed that Tenant shall use the Premises solely for the purpose specified in this paragraph three of this Agreement. Tenant, at its expense, shall procure any and all governmental licenses and permits required for the conduct of Tenant's business on the Premises and shall at all times comply with the requirement of each such license and permit. Landlord is not required, and does not represent or warrant that it will obtain or endeavor to obtain for Tenant (or that Tenant will be able to obtain) any license or permit. W 4. Fixtures and Equipment In the event the Tenant abandons the Premises for sixty (60) consecutive days, the Hut and the power supply installed by the Tenant to provide redundant heating and cooling to the Hut shall remain the property of the County. The Landlord deems the fixtures to include a fully functional disaster recovery center. 5. Information Technology Security The parties have agreed that County will place in the Hut certain IT equipment that is solely the property of the County. The parties acknowledge that Tenant will not have physical access to County's IT equipment in the Hut. The parties further understand and acknowledge that each party is subject to the security requirements set forth by the National Institute of Standards and Technology (NIST) in NIST Special Publication 800-14. The parties further acknowledge that they have taken affirmative steps to ensure practices consistent with the terms and conditions set forth in NIST 800-14, particularly Section 3.10 "Physical and Environmental Security" of each parties' networks, information technology equipment, and the electronically stored information thereon. 6. Tenant's Expenses. Tenant's expenses shall include, but are not limited to: A. Cost to construct the Hut. Tenant agrees that Landlord shall have final approval over the exterior design and appearance of the Hut. B. The complete cost of telephone, telecommunication services, wireless or any type of internet service or another type of communication services the Tenant desires to utilize during the term of this Lease. C. Tenant improvements, equipment and fixtures installed on the Premises. D. Maintenance of the Premises. E. Insurance for Tenant's personal property, equipment and fixtures, including the generator, the Hut and all other equipment associated with the Facilities. F. Materials, tools and equipment, florescent and incandescent lamps, filters, cleaning supplies and maintenance items specific to Tenant's business or made necessary by Tenant's business for specific particular use of Tenant's officers, agents, employees, servants, contractors, patrons, customers, licensees, invitees and visitors. 7. Landlord's Expenses. County shall provide for the Tenant's use in the Premises: A. Maintenance of the Property, exclusive of maintenance on the Leased Premises and the Facilities. 7 B. Insurance for County's equipment in the Hut. Tenant's Dutv of Care. A. Tenant will, at Tenant's own cost and expense, maintain the Premises in sound condition and good repair, and shall repair or replace any damage or injury done to the Premises or the Property, or any part thereof by Tenant or Tenant's agents, employees, invitees and visitors. If Tenant fails to make such repair or replacements promptly within fifteen days of occurrence to the satisfaction of Landlord, Landlord may, at its option, make such repairs or replacements, and Tenant shall reimburse Landlord for the out-of-pocket, direct and reasonable costs thereof on demand. Tenant waives all right to make repairs at the expense of Landlord, or to deduct the cost thereof from Basic Rent. B. All trade fixtures and trade equipment installed by Tenant, if any, for its business purposes, whether or not attached to the Premises, will remain the property of Tenant and will be removable, at any time and from time to time during the term of this Lease or at the expiration of prior termination thereof. Furthermore, Landlord shall have no right or claim to any insurance proceeds payable on account of damage to or destruction of any of the property of Tenant. Any easements granted to Tenant under this Agreement shall continue during a reasonable period after the expiration or earlier termination of this Lease as is necessary for Tenant to remove such Tenant's property. Landlord Repairs. Landlord, at its expense, shall maintain the Property, in good working order and repair. 10. Quiet Possession. Landlord hereby covenants that Tenant, upon paying Basic Rent as herein provided, and performing all covenants and agreements herein contained, shall and may peacefully and quietly have, hold and enjoy the Premises. 11. Condition of Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises or the Property or with respect to the suitability of either for the conduct of Tenant's business or profession. By taking of possession of the Premises, Tenant conclusively acknowledges that the Premises and the Property are in satisfactory condition at such time. 12. Insurance. A. Landlord shall carry all-risk property damage and hazard -casualty insurance insuring against loss or damage to the Property and Landlord's equipment in the Hut in amounts and with companies as Landlord chooses at its sole discretion. B. Tenant shall, at its expense, maintain in effect a general liability policy with respect to the Premises, with minimum coverages not less than Two Million Dollars E ($2,000,000.00). The coverage amounts shall be subject to periodic increases based on inflation, increased liability awards, recommendation of Landlord's professional insurance advisors, and other relevant factors. The amount in coverage of such insurance shall not limit Tenant's liability or relieve Tenant of any other obligation under this Lease. The liability policy shall be primary and non-contributing, contain cross -liability endorsements, and show Landlord as an additional insured. Tenant shall provide Landlord with verification that the policy or policies are in effect upon request by Landlord. Landlord shall be named as an additional insured on Tenant's policy of insurance. 13. Compliance with Laws and Governmental Regulations. Tenant shall, in the use and occupancy of the Premises and the conduct of Tenant's business or profession therein, at all times comply with all applicable laws, ordinances, orders, notices, rules and regulations of the federal, state and municipal governments. 14. Easements, Restrictions and Rights -Of -Way. The Premises are leased subject to all easements, restrictions and rights-of-way legally affecting the Premises. Landlord represents that, to the best of its knowledge, as of date of execution of this Lease, the Permitted Uses are not prohibited by any easement, restriction, or right of way. 15. Brokers. Tenant represents that there was no broker instrumental in consummating this Lease, and that no conversations or prior negotiations were had with any broker concerning the renting of the Premises. 16. Parking. Tenant shall also have the non-exclusive right, in common with other Tenants and Landlord, to use the areas surrounding the Premises designated as parking for the parking of automobiles of Tenant and its officers, agents, employees, servants, contractors, patrons, customers, licensees, invitees, and visitors, without separate charge, on a non-exclusive basis, incident to Tenant's permitted use of the Premises. Tenant shall have no designated parking spaces and shall observe restricted parking areas designated by Landlord. 17. BindingeEach and all of the covenants terms, provisions and agreements of this Lease shall be binding upon and inure to the benefit of the parties and, to the extent permitted by this Lease, their respective heirs, executors, administrators, legal representatives, successors and assigns; provided that Landlord shall have no obligation to Tenant's successor unless the rights or interests of Tenant's successor are acquired in accordance with the terms of this Lease. 18. Entire agreement. This Lease, including the Exhibits hereto (which are hereby incorporated by this reference), supersedes all prior discussions, proposals, negotiations and discussions between the parties and the Lease, and all documents incorporated by reference, contains all the agreements, conditions, understandings, representations and warranties made between the parties hereto with respect to the subject matter hereof, and may not be modified orally or in any manner other than 5 by an agreement in writing signed by both parties hereto or their respective successors in interest. 19. Time is of the essence. Time is of the essence in all provisions of this Lease, including all notice provisions to be performed by or on behalf of Tenant. 20. Counterparts. This Lease may be executed in any number of counterparts, each of which when taken together shall be deemed to be one and the same instrument. 21. Severability. If any provisions of this Lease shall be held to be invalid, void or unenforceable, the remaining provisions hereof shall in no way be affected or impaired and such remaining provisions shall remain in full force and effect. 22. Additional Acts. Each party will execute and deliver all other additional and necessary instructions and documents and do all other acts and things as may be reasonably necessary to more fully effectuate this Lease. 23. Choice of law. This Lease shall be construed, governed and enforced in accordance with the laws of the Commonwealth of Virginia, without regard to principles relating to conflicts of law. 24. Forum selection. For any action relating in any way to this Lease or in any way related to Tenant's use of the Premises, Tenant consents to the exclusive jurisdiction of the state courts of the Commonwealth of Virginia and to the federal courts located in the Western District of Virginia, and Tenant hereby agrees that the sole and exclusive venue of any such action shall be the Circuit Court of the County of Roanoke Virginia, or the United States District Court for the Western District of Virginia, Roanoke Division. 25. No partnership created. Notwithstanding any other provision in this Agreement, Landlord does not, in any way or for any purpose, become a partner of Tenant in the conduct of its business, or otherwise or joint venturer or a member of a joint enterprise with Tenant. This Lease establishes a relationship solely of that of a landlord and tenant. 26. Construction. No provision of this Lease shall be construed against or interpreted to the disadvantage of any party by any court or other governmental or judicial authority by reason of that party's having or being deemed to have prepared or imposed that provision. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and plural, and pronouns stated in either the masculine, the feminine or the neuter gender shall include the masculine, feminine and neuter. Headings are for convenience only and shall not constitute any addition to or alteration of the terms of this Lease. 27. Representations and Warranties. Each party, for itself, represents and warrants to the other as follows: M A. It is duly constituted, in good standing and qualified to do business in the Commonwealth of Virginia and the signatories signing on its behalf have the requisite authority to bind it to the obligations under this Lease; and B. The execution and entry into this Lease, and the performance of its duties and obligations under this Lease and of all other acts necessary and appropriate for the full consummation of this Lease, are consistent with and not in violation of any contract, agreement or other instruments to which it is a party, or any judicial order or judgment of any nature by which it is bound; and all necessary and appropriate actions have been taken by its authorizing and approving the execution of and entry into this Lease, the execution and delivery by it of the documents and instruments to be executed by it, and the performance by it of its duties and obligations under this Lease. [SIGNATURES ON FOLLOWING PAGE] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties hereto have executed this Lease under seal the day and year first above written. ROANOKE COUNTY, VIRGINIA, Landlord Thomas C. Gates, County Administrator STATE OF VIRGINIA COUNTY OF ROANOKE; to -Wit: I hereby certify that the foregoing instrument was acknowledged before me this day of , 2017 by Thomas C. Gates, County Administrator for Roanoke County, Virginia, Landlord. My commission expires: My registration number: Notary Public 7 ROANOKE VALLEY BROADBAND AUTHORITY, Tenant Frank M. Smith II, President and CEO CITY OF ROANOKE; to -Wit: I hereby certify that the foregoing instrument was acknowledged before me this day of , 2017 by Frank M. Smith II, President and CEO of the Roanoke Valley Broadband Authority, Tenant. My commission expires: My registration number: ,.T,.4-,...., 'n..1-1— N. EXHIBIT A EXHIBIT B 10 ZRNRNF& 2 EXHIBIT B: RVBA Lease at the South County Library NOTES +. f[�Ilt b Ar[' � u�.w>,` son Al ✓<" 1WF nlbn.� s�[ Wlfl i WfRfi PL. :N. /q� q fwlF��( �} ,G ut x!• s ata i+xnM4 aew. 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VFR, INC. ryrrirr� �x To- ..uoenns w.. ww "wa O E W AE91EUCiEL 9V[ CEWC 203146 eo aeu Am I= 1�wh9anN°" . a�uo m. was am .do � LAM on wua a arefwrM. rt r .tae VFP, INC. W-7 ihWikD No C) ��DM OPEratGOPEr✓9ftGV rL�mpnc Ea}niRucnar i IIGIE$ �1 �P� �ewro�r �v w"Awaw.n f1 IWONI011 RNI _ �-}'� EXAMPLE: 272010-04$ 36 1"i ,see, w�c o}en r Mme � YWL CPEI�IG yrx w.ry .ca Mmu •411 .nf1� ��:"R .-, crate LeDOia wseuutml xra a vu "RNl+R A4.} xa CW UDDER %U ~ RMNLODr1 e r.1 PYC HIPRfE N45fFllAT04 �> �s�oew n+or _ ea �R SV Kw D CPflMq[6 9�IA /dOT Y H... .•cc R IKRxw VFP, INC. panrr:mm' �svar?-xm K 11i'x M'x }'t• WIWI SWUM OpNSTNwflom OETAU � v 8 VFP, INC. ImMW� n 3 }Warr-� x�ny,ey y. ta�4n sslne p,u ti'! p+6}b•-resin ��:-nn w �sua{�+:nc.E rp -ecux USE �}R[ SHELiF_R5 _"" 272U1U - Sm 2720li-140 32 �9 �*�x�w+maweR �y a ooM RAIL lfm l Fem-sc*a VFP, INC. (i y;7S9NMywiy.�iN p6pR- Ir. -Y.R yiMli.l451 s P� P ' Ud FOUPOAT SI OTTL USE FLIT MTE IX -DM 272013 9 r � 540-977-0500 Sales@VFPinc.com Concrete Shelters Bullet Resistant Vandal Resistant Fire Resistant Optional Finishes Weather Resistant Light Weight Shelters Air Liftable Rooftop Applications Optional Bullet Resistant Optional Non -Combustible Optional Finishes Build -On -Site Solutions (Bass) Concrete Light Weight Quick Completion 15 Ft Interior Height or More To 3000 SgFt or more Selection of Exteriors Site Power Systems Generators UPS Systems do Power 5ysterns Fully Integrated Equipment Integration Cellular Public Safety Radio Telephone Fiber Optic Satellite OW VFP � � VFP, Inc. Employee owned The VFP Concrete Advantage VFP lightweight concrete shelters take full advantage of concrete's strength, long life and resistance to the long term effects of the weather. The shelters are pre -assembled, reinforced solid concrete structures welded together as a single, high strength, module. The walls, roof, and floor panels are triple sealed for superior weather resistance and welded together creating a single, high strength module. The completed shelter is inherently bullet, vandal, and fire resistant. The standard flinch wall construction provides a 2 -hour fire endurance rating which is recognized by the SBC, UBC, and BOCA codes'. The standard exterior, shown here, is an esthetically pleasing stone aggregate with a clear coat sealer. The sealer provides ultra -violet protection and enhances the color of the stone. Optional exterior finishes include brick, lap siding, block, fluted concrete, and smooth painted finishes to complement any neighborhood setting. State -of -the -Art Construction VFP shelters are built to withstand the elements anywhere in the world. Our designs meet South Florida hurricane standards, snow loading in the Rockies, temperature extremes from the South Pole to the Arabian deserts, and more. 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Board of Zoning Appeals (appointed by District) The Windsor Hills Magisterial District representative has passed away. Mr. Karr's five (5) -year term expired June 30, 2016. 2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District and At - Large) The following District appointments remain open: Hollins Magisterial District Cave Spring Magisterial District At -Large (2) openings 3. 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 Page 1 of 2 reappointment 4. Library Board (appointed by District) The following four-year term expired on December 31, 2016 a) Heather Lawrence, representing the Vinton Magisterial District 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 J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 28, 2017 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 February 28, 2017, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Approval of minutes — January 10, 2017 2. Request to accept and allocate grant funds in the amount of $50,000 from the Virginia Department of Emergency Management for the purchase of equipment for emergency sheltering of citizens 3. Request to accept and allocate grant funds in the amount of $40,000 from the Virginia Department of Emergency Management for the purchase of equipment for Emergency Sheltering of Citizens 4. Request to accept and allocate grant funds in the amount of $42,564 from the Virginia Department of Emergency Management forthe purchase of equipment and furnishings for the Emergency Operations Center and Mass Care supplies for sheltering citizens 5. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Diana I. Rosapepe, Director of Library Services, upon her retirement after more than thirty (30) years of service 6. Resolution expressing support for Roanoke County's military and veterans caregivers 7. Confirmation of appointment to the Clean Valley Council (At -Large) Page 1 of 1 ACTION NO. ITEM NO. J.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: February 28, 2017 Request to accept and allocate grant funds in the amount of $40,000 from the Virginia Department of Emergency Management for a supplemental Emergency Management Performance Grant Stephen Simon Chief of Fire and Rescue APPROVED BY: Thomas C. Gates County Administrator ISSUE: Accept and allocate an Emergency Management Performance Grant in the amount of $40,000 from the Virginia Department of Emergency Management. BACKGROUND: The Supplemental Emergency Management Performance Grant is an annual grant allocated to jurisdictions to assist local governments in preparing for all hazards. DISCUSSION: This grant will provide funding to purchase a generator to provide power for an emergency shelter for citizens. Specifically, this grant will offset costs associated with the Green Ridge Recreation Center Generator and Emergency Shelter project included in the County Administrator's Proposed Fiscal Year 2018-2027 Capital Improvement Program. FISCAL IMPACT: Awarded grant funds total $40,000, which includes a required local match of 50% or $20,000. Terms and conditions of the grant permit Roanoke County to use a portion of the existing Emergency Manager's salary to meet the match requirement of the grant. Page 1 of 2 Acceptance of this grant will not require an additional County appropriation of funds. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds to the Fire and Rescue Department in the amount of $40,000 from VDEM, of which $20,000 will be utilized for the purpose of supporting the Green Ridge Recreation Center Generator and Emergency Shelter project planned for fiscal year 2018. Page 2 of 2 Virginia Department of Emergency Management GRANT AGREEMENT Page 1 of 3 c E 10501 Trade Court Richmond VA 23236 1. SUBRECIPIENT NAME AND ADDRESS: 4. SUBAWARD DATE: February 15, 2017 Roanoke County 5. PROJECT PERIOD: FROM 09/01/2016 TO 06/30/2017 5204 Bernard Dr. BUDGET PERIOD: FROM 09/01/2016 TO 013012017 P.O. Box 29800 Roanoke,VA 24018 6. TOTAL AMOUNT OF THIS SUBAWARD $40,000.00 2. SUBRECIPIENT DUNS Number: 7. FEDERAL AMOUNT OF THIS SUBAWARD $20,000.00 8. SUBRECIPIENT NON-FEDERAL COST SHARE 06-2353610 SUBRECIPIENT EIN: REQUIREMENT $20,000.00 546001573 9. INDIRECT COST RATE (If applicable): NIA PASS-THROUGH ENTITY: Virginia Department of Emergency Management 3. SUBAWARD NAME: FY 2015 Supplemental Local Emergency Management Performance Grant CFDA: 97.042 - Emergency Management Performance Grant (EMPG) Program U.S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) 10. STANDARD TERMS AND CONDITIONS & SPECIAL CONDITIONS The above subaward is approved subject to the FY 2016 Department of Homeland Security (DHS) Standard Terms and Conditions and VDEM Special Conditions as set forth on the attached pages. 11. STATUTORY AUTHORITY FOR GRANT The project is supported under The Robert T. Stafford Disaster Relief and Emergency Assistance act (Public Law 93-288). 12. METHOD OF PAYMENT Commonwealth of Virginia Cardinal Accounting System AGENCYAPPROVAL SUBRECIPIENT ACCEPTANCE 13. TYPED NAME AND TITLE OF APPROVING VDEM OFFICIAL 14. TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL Jeffrey D. Stem Ph.D. Thomas C. Gates State Coordinator County Administrator 15. SIGNATURE OF APPROVING VDEM OFFICIAL 16. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL ,BOFF, Virginia Department of Emergency Management 10501 Trade Court GRANT AGREEMENT Page 2 of 3 Richmond, VA 23236 Subaward Name: FY 2015 Supplemental Local Emergency Management Performance Grant Subaward Date: February 15, 2017 SPECIAL CONDITIONS 1. The Subrecipient shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 CFR Part 200, and adopted by DHS at 2 CFR Part 3002 and the Department of Homeland Security FY 2015 Emergency Management Performance Grant Program Notice of Funding Opportunity (NOFOI. 2. The Subrecipient agrees to permit the pass-through entity and auditors to have access to its records and financial statements as necessary for the pass-through entity to meet the requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 CFR Part 200. 3. The Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 4. The Subrecipient shall comply with the indirect costs provisions of 2 CFR 200A14. With the exception of subrecipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. § 200.414(f), subrecipients must have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to this subaward. 5. In the event VDEM determines that changes are necessary to the award document after an award has been made, including changes to the period of performance or terms and conditions, the Subrecipient will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Subrecipient acceptance of the changes to the award. 6. Subrecipients proposing projects that have the potential to impact the environment, including but not limited to the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new construction including replacement of facilities, must participate in the FEMA Environmental Planning and Historic Preservation (EHP) review process. Subrecipients must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground -disturbing activities occur during project implementation, the Subrecipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the Subrecipient will immediately cease construction in that area and notify FEMA and the State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 7. The Subrecipient agrees that federal funds under this award will be used to supplement, not supplant, state or local funds for emergency preparedness. "Working to Protect People, Properly and Our Communities" „EP, Virginia Department of Emergency Management GRANT AGREEMENT 3 3 10501 Trade Court Page of Richmond, VA 23236 Subaward Name: FY 2015 Supplemental Local Emergency Management Performance Grant Subaward Date: February 15, 2017 8. The Subrecipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security.” 9. The Subrecipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 10. The Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 11. The Subrecipient must submit a Quarterly Progress Report for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Reports are due within fifteen (15) days following the end of the quarter. A Final Progress Report is due thirty (30) days after the end date of the performance period. Failure to provide this information may result in VDEM withholding grant funds from further obligation and expenditure and prevent future awards to the Subrecipient. 12, National Incident Management System (NIMS) Implementation Compliance In accordance with HSPD-5, the adoption of the NIMS is a requirement to receive federal preparedness assistance through grants, contracts, and other activities. No federal funds will be released to the primary grantee and any other entity participating and benefiting in this project if this requirement has not been met. In the event of a Corrective Action Plan submitted, VDEMISAA will determine if the Subrecipient has made sufficient progress to disburse funds. 13. All conferences and workshops using federal preparedness funds must pertain to the project being funded_ The Subrecipient agrees to submit a Trip Report when using federal funds to attend a conference or workshop. The Trip Report template can be found at www.vaemergency.gov under Grant Information. These reports must be remitted with your request for reimbursement. Failure to do so will result in a delay of payment until received. 14. The Subrecipient agrees that under program guidelines, travel expenses are allowable for approved training, planning, administrative, and exercise activities following local, state, and federal guidelines. Prior to traveling for these activities outside of contiguous United States (OCONUS) as well as to Canada and Mexico, preapproval is required by the state and FEMA through the SAA office. Please reference 2 CFR 200.403, in regard to reasonableness when considering requests for travel of this type. Where applicable, you should also reference the following regarding travel: the Western Hemisphere Travel Initiative(http:Ilwww.dhs.govlfileslprogramslgc 1200693579776.shtrti). "Working to Protect People, Property and Our Conrrnunities" The FY 2016 DHS Standard Terms and Conditions apply to all new Federal financial assistance awards funded in FY 2016. The terms and conditions of DHS financial assistance awards flow down to subrecipients, unless a particular award term or condition specifically indicates otherwise. DHS Snecific Acknowle-daempgrits and Assurances All recipients, sub -recipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy, records, accounts, and other documents and sources of information related to the award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial assistance office and the QHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcl o&hg.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS financial assistance office and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Activities Conducted Abroad Age Discrimination Act of 1975 Americans with Disabilities Act of 1990 DHS Standard Terms & Conditions: All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. All recipients must comply with the requirements of the Age Discrimination Act of 9975 (Title 42 U.S. Code, § 6101 et secs.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. All recipients must comply with the requirements of Titles I, ll, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. 15§ 12101-12213). Best Practices for Collection and Use of Personally Identifiable Information (PIQ DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. Civil Rights Act of 1964 – Title VI All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et se .), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance_ DHS implementing regulations for the Act are found at 6 C. F. R , Part 21 and 44 C.F.R. Part 7. Civil Rights Act of 1968 All recipients must comply with Title Vill of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et seg.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators)—be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201). Copyright All recipients must affix the applicable copyright notices of 17 U.S.0 q§ 401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards. Debarment and Suspension All recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (41U.S.C. § 701 et sea.), which requires all organizations receiving grants from any Federal agency agree to maintain a drug- free workplace. DHS has adopted the Act's implementing regulations at 2 C.F.R Part 3001. Duplication of Benefits Any cost allocable to a particular Federal award provided for in 2 C F. R Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a recipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. DHS Standard Terms & Conditions: Education Amendments of 1972 ( Equal Opportunity in Education ,Act}- Title IX All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et sey.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. DHS implementing regulations are codified at 6 C F. R. Part 17 and 44 C.F.R. Part 19 Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U. S.C. 5 6201 which contain policies relating to energy efficiency that is defined in the state energy conservation plan issued in compliance with this Act. False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 3729- 3733 which prohibits the submission of false or fraudulent claims for payment to the Federal Government. See 31 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. Federal Debt Status All recipients are required to be non -delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A- 129. Federal Leadership on Reducing Text Messaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513., including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.G. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 9974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Hotel and Motel Fire Safety Act of 1990 Limited English Proficiency (Civil Rights Act of 1964, Title VI) DHS Standard Terms & Conditions: In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 9974, as amended, 15 U.S.C. § 2225. All recipients must comply with the Title VI of the Civil Rights Act of 9964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance hitps:llwww.dhs.govlguidance-published-#ielp-departmer}t- supported-organizations-provide-meaningful-access-people-limited and additional resources on http:llwww,lei).go-. Lobbying Prohibitions All recipients must comply with 31 U S C_§ 1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Non -supplanting 'Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award. All recipients must comply with any such requirements set forth in the program NOFO. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Procurement of Recovered Materials All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and RecoverV Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C. F. R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Reporting Subawards and Executive Compensation All recipients are required to comply with the requirements set forth in the government -wide Award Term on Reporting Subawards and Executive Compensation located at 2 C F.R Part 170, Appendix A, the full text of which is incorporated here by reference in the terms and conditions of your award. SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Terrorist Financing Ali recipients roust comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government -wide award term which implements Section 106(8) of the Trafficking Victims Protection Act of 2000, (NPA) as amended (22 U.S.0 6 7104). The award term is located at 2 CFR _§175.15, the full text of which is incorporated here by reference in the terms and conditions of your award. Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S C. � 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. QHS Standard Terms & Conditions: Reporting of Matters Related to Recipient If the total value of your currently active grants, cooperative agreements, Integrity and Performance and procurement contracts from all Federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F. R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. All recipients are required to comply with the requirements set forth in Universal Identifier and System of Award the government -wide Award Term regarding the System for Award Managemenntt (SAM) Management and Universal Identifier Requirements located at 2 G. F- R Part 25, Appendix A, the full text of which is incorporated here by reference in the terms and conditions of your award. USA Patriot Act of 2009 Use of DNS Seal, Logo, and Flags Whistleblower Protection Act DHS Standard Terms & Conditions: All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. 44 175-175c. All recipients must obtain permission from their financial assistance office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including the use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 2409, 41 U.S.C. 4712, and 10 U.S.C, 2324, 41 U. S.C. §§ 4304 and 4310. ACTION NO. ITEM NO. J.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: February 28, 2017 Request to accept and allocate grant funds in the amount of $42,564 from the Virginia Department of Emergency Management (VDEM) for an Emergency Management Performance Grant Stephen Simon Chief of Fire and Rescue APPROVED BY: Thomas C. Gates County Administrator ISSUE: Accept and allocate an Emergency Management Performance Grant in the amount of $42,564 from the Department of Emergency Management. BACKGROUND: The Emergency Management Performance Grant is an annual grant allocated to jurisdictions to assist local governments in preparing for all hazards. Approved items include replacement of obsolete technology, furnishings, and equipment for our Emergency Operations Center. Other approved items include cots and bedding for sheltering of citizens. DISCUSSION: The grant will provide funding for Fire and Rescue to maintain and update the Emergency Operations Center capabilities and to purchase supplies for mass care and sheltering of citizens. FISCAL IMPACT: Awarded grant funds total $42,564, which includes a required local match of 50% or $21,282. Terms and conditions of the grant permit Roanoke County to use a portion of Page 1 of 2 the existing Emergency Manager's salary to meet the match requirement of the grant. Acceptance of this grant will not require a County contribution of cash. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds to the Fire and Rescue Department in the amount of $42,564 from the VDEM. Page 2 of 2 vAofr Virginia Department of Emergency Management 10501 Trade Court GRANT AGREEMENT Page 1 of 3 Richmond, VA 23236 M1��P 1. SUBIRECIPIENT NAME AND ADDRESS: 4. SUBAWARD DATE: February 8, 2017 Roanoke County 5. PROJECT PERIOD: FROM 07/01/2016 TO 06/30/2017 204 Bernard Dr. BUDGET PERIOD: FROM 07/01/2016 TO 06/30/2017 P.O. Box 29800 Roanoke, VA 24018 G. TOTAL AMOUNT OF THIS SUBAWAR �.564.00 2. SUBRECIPIENT DUNS Number: 7. FEDERAL AMOUNT OF THIS SUBAWARD $21,282.00 8. SUBRECIPIENT NON-FEDERAL COST SHARE 06-2353610 SUBRECIPIENT EIN: REQUIREMENT $21,282.00 54-6001572 9. INDIRECT COST RATE (If applicable): NIA PASS-THROUGH ENTITY: Virginia Depaftentof Emergency Management 3. SUBAWARD NAME: FY 2016 Local Emergency Management Performance Grant CFDA: 97.042 - Emergency Management Performance Grant (EMPG) Program U.S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) 10. STANDARD TERMS AND CONDITIONS & SPECIAL CONDITIONS he above subaward is approved subject to the FY 2016 Department of Homeland Security (DHS) Standard Terms and Conditions and VDEM Special Conditions as set forth on the attached pages. 11. STATUTORY AUTHORITY FOR GRANT The project is supported under The Robert T. Stafford Disaster Relief and Emergency Assistance act (Public Law 93-288). 12. METHOD OF PAYMENT Commonwealth of Virginia Cardinal Accounting System AGENCY APPROVAL SUBRECIPIENT ACCEPTANCE 13. TYPED NAME AND TITLE OF APPROVING VDEM OFFICIAL 14. TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL Jeffrey D. Stern Ph.D. Thomas C. Gates State Coordinator County Administrator 15. SIGNATURE -OF APPROVWG VDE FI IAL 16. SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL DATE �orVirginia Department of Emergency Management 1050'1 Trade Court GRANT AGREEMENT Page 2 of 3 Richmond, VA 23236 Subaward Name: FY 2016 Local Emergency Management Performance Grant Subaward Date: February 8, 2017 SPECIAL CONDITIONS 1. The Subrecipient shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 CFR Part 200, and adopted by DHS at 2 CFR Part 3002 and the Department of Homeland Security FY 2016 Emergency Management Performance Grant Program Notice of Funding Opportunity NOFO . 2. The Subrecipient agrees to permit the pass-through entity and auditors to have access to its records and financial statements as necessary for the pass-through entity to meet the requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 CFR Part 200, 3. The Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 4. The Subrecipient shall comply with the indirect costs provisions of 2 CFRq 200.414. With the exception of subrecipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. § 200.414(f), subrecipients must have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to this subaward. 5. In the event VDEM determines that changes are necessary to the award document after an award has been made, including changes to the period of performance or terms and conditions, the Subrecipient will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Subrecipient acceptance of the changes to the award. 6. Subrocipients proposing projects that have the potential to impact the environment, including but not limited to the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new construction including replacement of facilities, must participate in the FEMA Environmental Planning and Historic Preservation (EHP) review process. Subrecipients must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground -disturbing activities occur during project implementation, the Subrecipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the Subrecipient will immediately cease construction in that area and notify FEMA and the State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 7. The Subrecipient agrees that federal funds under this award will be used to supplement, not supplant, state or local funds for emergency preparedness. "Wor•Iting to Protect People, Property arrrl Our Contnrrrfrities" �rpoFPA,?, Virginia Department of Emergency Management � 10501 Trade Court GRANT AGREEMENT Page 3 of 3 Richmond, VA 23236 Subaward Name: FY 2016 Local Emergency Management Performance Grant Subaward Date: February 8, 2017 8. The Subrecipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." 9, The Subrecipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 10. The Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 11. The Subrecipient must submit a Quarterly Progress Report for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Reports are due within fifteen (15) days following the end of the quarter. A Final Progress Report is due thirty (30) days after the end date of the performance period. Failure to provide this information may result in VDEM withholding grant funds from further obligation and expenditure and prevent future awards to the Subrecipient. 12. National Incident Management System (NIMS) Implementation Compliance In accordance with HSPD-5, the adoption of the NIMS is a requirement to receive federal preparedness assistance through grants, contracts, and other activities. No federal funds will be released to the primary grantee and any other entity participating and benefiting in this project if this requirement has not been met. In the event of a Corrective Action Plan submitted, VDEMISAA will determine if the Subrecipient has made sufficient progress to disburse funds. 13. All conferences and workshops using federal preparedness funds must pertain to the project being funded. The Subrecipient agrees to submit a Trip Report when using federal funds to attend a conference or workshop. The Trip Report template can be found at www.vaemergency.gov under Grant Information. These reports must be remitted with your request for reimbursement. Failure to do so will result in a delay of payment until received. 14. The Subrecipient agrees that under program guidelines, travel expenses are allowable for approved training, planning, administrative, and exercise activities following local, state, and federal guidelines. Prior to traveling for these activities outside of contiguous United States (OCONUS) as well as to Canada and Mexico, preapproval is required by the state and FEMA through the SAA office. Please reference 2 CFR 200.403, in regard to reasonableness when considering requests for travel of this type. Where applicable, you should also reference the following regarding travel: the Western Hemisphere Travel Initiative (http://www.dhs.govlfiies/l)rograms/c 1200693579776.shtm). "WoMbig to Protect People, Proper-ty rrnd Our• Comnitntities" The FY 2016 DHS Standard Terms and Conditions apply to all new Federal financial assistance awards funded in FY 2016 The terms and conditions of DHS financial assistance awards flow down to subrecipients, unless a particular award term or condition specifically indicates otherwise. All recipients, sub -recipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy, records, accounts, and other documents and sources of information related to the award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcKi)hg.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #10190 Washington, D.C. 20528. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS financial assistance office and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Ago Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 9975 (Title 42 U.S. Code, 6 6101 et seg.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles 1, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. && 12101--12213). DHS Standard Terms & Conditions: Best Practices for Collection and Use of Personally Identifiable Information (PII) Civil Rights Act of 1964 -- Title VI DHS defines personally identifiable information (Pll) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. & 2000d et se4.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F. R., Part 21 and 44 C. F. R. Part 7. Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et seg.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units---i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators)—be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201). Copyright All recipients must affix the applicable copyright notices o€17 U.S.C. §§ 401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards. Debarment and Suspension All recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U.S.C. $ 701 et seg.), which requires all organizations receiving grants from any Federal agency agree to maintain a drug- free workplace. DHS has adopted the Act's implementing regulations at 2 C.F.R Part 3001. Duplication of Benefits Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a recipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. DHS Standard Terms & Conditions: Education Amendments of 1972 ( Equal Opportunity in Education Act)- Title IX All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20-U.S.C.-§-.1.681 et seer.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. DHS implementing regulations are codified at C.F.R. Part 17 and 44 Cf. R. Part 19 Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that is defined in the state energy conservation plan issued in compliance with this Act. False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 3729- 3733 which prohibits the submission of false or fraudulent claims for payment to the Federal Government. See 31 U.S.C. � 3801-3812 which details the administrative remedies for false claims and statements made. Federal Debt Status All recipients are required to be non -delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A- 129. Federal Leadership on Reducing Text Messaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. � 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. �5 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Hotel and Motel Fire Safety Act of 1990 Limited English Proficiency (Civil Rights Act of 1964, Title VI) DHS Standard Terms & Conditions: In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §..22 all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225. All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance htti)s://www.dhs.gov/guidance-published-help-department- su000rted-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lei).-qov Lobbying Prohibitions All recipients must comply with 31 U.S.C. � 1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Non -supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award. All recipients must comply with any such requirements set forth in the program NOFO. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Procurement of Recovered Materials All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (FPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Reporting Subawards and Executive Compensation All recipients are required to comply with the requirements set forth in the government -wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the terms and conditions of your award. SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Terrorist Financing All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, (NPA) as amended (22 U.S.C. § 7104). The award term is located at 2 CFR § 175.15, the full text of which is incorporated here by reference in the terms and conditions of your award. Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 9973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. CHS Standard Terms & Conditions: Reporting of Matters Related to Recipient If the total value of your currently active grants, cooperative agreements, Integrity and Performance and procurement contracts from all Federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200: Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. All recipients are required to comply with the requirements set forth in Universal Identifier and System of Award the government -wide Award Term regarding the System for Award Management (SAM) Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference in the terms and conditions of your award. USA Patriot Act of 2001 Use of DHS Seal, Logo, and Flags Whistleblower Protection Act DHS Standard Terms & Conditions: All recipients must comply with requirements of the Uniting and Strengthening America by Providing Aoprooriatq Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Acts, which amends 18 U.S.C. §§ 175_-175c. All recipients must obtain permission from their financial assistance office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including the use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. All recipients must comply with the statutory requirements forwhistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §6 4304 and 4310. ACTION NO. ITEM NO. JA 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: February 28, 2017 Request to accept and allocate grant funds in the amount of $50,000 from the Virginia Department of Emergency Management (VDEM) for an Emergency Management Performance Grant Stephen Simon Chief of Fire and Rescue APPROVED BY: Thomas C. Gates County Administrator ISSUE: Accept and allocate an Emergency Management Performance Grant in the amount of $50,000 from the Virginia Department of Emergency Management BACKGROUND: The Emergency Management Performance Grant program provides funding for activities that support the building, sustainment and delivery of core capabilities that are necessary for the accomplishment of the National Preparedness System goals and ensure the safety and resiliency of our communities. DISCUSSION: The grant provides funding to implement investments that build, sustain and deliver the 32 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. The grant is administered by the Virginia Department of Emergency Management (VDEM) and will be utilized for the purchase of an alternate power source (generator) to sustain sheltering operations. Specifically, this grant will offset costs associated with the Green Ridge Recreation Center Generator and Emergency Shelter project included in the County Administrator's Proposed Fiscal Year 2018-2027 Capital Improvement Program. Page 1 of 2 FISCAL IMPACT: Federal grant funds total $50,000. No County match is required. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds to the Fire and Rescue Department in the amount of $50,000 from the VDEM for the purpose of supporting the Green Ridge Recreation Center Generator and Emergency Shelter project planned for fiscal year 2018. Page 2 of 2 corp Virginia Department of Emergency Management 10501 Trade Court GRANT AGREEMENT Page 1 of 3 Richmond, VA 23236 1. SUBRECIPIENT NAME AND ADDRESS: 4. SUBAWARD DATE: February15, 2017 Roanoke County 5. PROJECT PERIOD: FROM 07/01/2016 TO 0613D12017 204 Bernard Dr. BUDGti r PERIOD: FROM 07/01/2016 TO D613012017 P.O. Box 29800 Roanoke, VA 24018 6. TOTAL. AMOUNT OF THIS SUBAWA $50,000.00 2. SUBRECIPIENT DUNS Number: 7. FEDERAL AMOUNT OF THIS SUBAWARD $50,000.00 8. SUBRECIPIENT NON-FEDERAL COST SHARE 06-2353610 SUBRECIPIENT EIN: REQUIREMENT $ 0.00 54-6001572 9. INDIRECT COST RATE (If applicable): NIA PASS-THROUGH ENTITY: Virginia Department of Emergency Management 3. SUBAWARD NAME: FY 2015 Local Emergency Management Performance Grant CFDA: 97.042 - Emergency Management Performance Grant (EMPG) Program U.S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) 10. STANDARD TERMS AND CONDITIONS & SPECIAL CONDITIONS he above subaward is approved subject to the FY 2016 Department of Homeland Security (DHS) Standard Terms and Conditions and VDEM Special Conditions as set forth on the attached pages. 11. STATUTORY AUTHORITY FOR GRANT The project is supported under The Robert T. Stafford Disaster Relief and Emergency Assistance act (Public Lave 93-288), 12. METHOD OF PAYMENT Commonwealth of Virginia Cardinal Accounting System AGENCY APPROVAL SUBRECIPIENT ACCEPTANCE 13. TYPED NAME AND TITLE OF APPROVING VDEM OFFICIAL 14. TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL Jeffrey D. Stem Ph.D. Thomas C. Gates State Coordinator County Administrator 15. SIGNATU F APPRO G VDE FI IAL 16. SIGNATURE OF AUTHORIZED SUBRECIPIFNT OFFICIAL DATE Virginia Department of Emergency Management r_)�10501 Trade Court GRANT AGREEMENT Page 2 of 3 Richmond, VA 23236 Subaward Name: FY 2016 Local Emergency Management Performance Grant Subaward Date: February 15, 2017 SPECIAL CONDITIONS 1. The Subrecipient shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 CFR Part 200, and adopted by DHS at 2 CFR Part 3002 and the Department of Homeland Security FY 2016 Emergency Management Performance Grant Program Notice of Funding OpportunityN( OFO). 2. The Subrecipient agrees to permit the pass-through entity and auditors to have access to its records and financial statements as necessary for the pass-through entity to meet the requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 CFR Part 200. 3. The Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 4. The Subrecipient shall comply with the indirect costs provisions of 2 CFR§ 200.414. With the exception of subrecipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. § 200.414(f), subrecipients must have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to this subaward. 5. In the event VDEM determines that changes are necessary to the award document after an award has been made, including changes to the period of performance or terms and conditions, the Subrecipient will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Subrecipiont acceptance of the changes to the award. 6. Subrecipients proposing projects that have the potential to impact the environment, including but not limited to the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new construction including replacement of facilities, must participate in the FEMA Environmental Planning and Historic Preservation (EHP) review process. Subrecipients must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground -disturbing activities occur during project implementation, the Subrecipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the Subrecipient will immediately cease construction in that area and notify FEMA and the State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-complianco finding and will not be eligible for FEMA funding. 7. The Subrecipient agrees that federal funds under this award will be used to supplement, not supplant, state or local funds for emergency preparedness. "Wollcirzl; to Plwteet People, .Pi open y and 0111• Conirirrnaities" ca'�u�T Virginia Department of Emergency Management 10501 Trade Court GRANT AGREEMENT page 3 of 3 Richmond, VA 23236 Subaward Name: FY 2016 Local Emergency Management Performance Grant Subaward Date: February 15, 2017 8. The Subrecipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." 9. The Subrecipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 10. The Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 11. The Subrecipient must submit a Quarterly Progress Report for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Reports are due within fifteen (15) days following the end of the quarter. A Final Progress Report is due thirty (30) days after the end date of the performance period. Failure to provide this information may result in VDEM withholding grant funds from further obligation and expenditure and prevent future awards to the Subrecipient. 12. National Incident Management System (NIMS) Implementation Compliance In accordance with HSPD-5, the adoption of the NIMS is a requirement to receive federal preparedness assistance through grants, contracts, and other activities. No federal funds will be released to the primary grantee and any other entity participating and benefiting in this project if this requirement has not been met. In the event of a Corrective Action Plan submitted, VDEMISAA will determine if the Subrecipient has made sufficient progress to disburse funds. 13. All conferences and workshops using federal preparedness funds must pertain to the project being funded. The Subrecipient agrees to submit a Trip Report when using federal funds to attend a conforence or workshop. The Trip Report template can be found at www.vaemerciency.gov under Grant Information. These reports must be remitted with your request for reimbursement. Failure to do so will result in a delay of payment until received. 14. The Subrecipient agrees that under program guidelines, travel expenses are allowable for approved training, planning, administrative, and exercise activities following local, state, and federal guidelines. Prior to traveling for these activities outside of contiguous United States (OCONUS) as well as to Canada and Mexico, preapproval is required by the state and FEMA through the SAA office. Please reference 2 CFR 200.403, in regard to reasonableness when considering requests for travel of this type. Where applicable, you should also reference the following regarding travel: the Western Hemisphere Travel Initiative (http•llwww.dhs.ciov/files/programs/gc 1200693579776.shtm). "Woridn" to Pt•r ie t.peolVe, I'-al)ertv and Orcr- Coantarrtni ies" The FY 2016 DHS Standard Terms and Conditions apply to all new Federal financial assistance awards funded in FY 2016. The terms and conditions of DHS financial assistance awards flow down to subrecipients, unless a particular award term or condition specifically indicates otherwise. DHS Specific Acknowtedaements_and Assurances All recipients, sub -recipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy, records, accounts, and other documents and sources of information related to the award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sox, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcI0,hg.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS financial assistance office and the CRCs. office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Age Discrimination Act of 1975 All recipients must comply with the requirements of the Ago Discrimination Act of 1975 (Title 42 U.S. Code 6101 et seg.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Americans with disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. 12101--12213). DHS Standard Terms & Conditions: Best Practices for Collection and Use of Personally Identifiable Information (PII) Civil Rights Act of 1964 -- Title VI DHS defines personally identifiable information (Pll) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C.2000d et serr.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F. R., Part 21 and 44 C.F.R. Part 7. Civil Rights Act of 1968 All recipients must comply with Title Vill of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 at sen.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators)—be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201). Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. �& 401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards. Debarment and Suspension All recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders 12549 and 12589, and 2 C.F.R. Part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Drug -Free Workplace Regulations All recipients must comply with the Drug -t=ree Workplace Act of 1988(41U.S.C. § 701 etseq.), which requires all organizations receiving grants from any Federal agency agree to maintain a drug- free workplace. DHS has adopted the Act's implementing regulations at 2 G.F.R Part 3001. Duplication of Benefits Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other f=ederal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a recipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. DHS Standard Terms & Conditions: Education Amendments of 1972 ( Equal Opportunity in Education Act)- Title IX All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. §..1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. � 6201 which contain policies relating to energy efficiency that is defined in the state energy conservation plan issued in compliance with this Act. False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. � 3729- 3733 which prohibits the submission of false or fraudulent claims for payment to the Federal Government. See 31 U.S.C. 3801-3812 which details the administrative remedies for false claims and statements made. Federal Debt Status All recipients are required to be non -delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A- 129. Federal Leadership on Reducing Text Messaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (449 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Hotel and Motel Fire Safety Act of 1990 Limited English Proficiency (Civil Rights Act of 1964, Title VI) DHS Standard Terms & Conditions: In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. & 2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. & 2225. All recipients must comply with the Title V1 of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance htps://www.dhs.gov/quidance-published-help-department- suonorted-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lepgov Lobbying Prohibitions All recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Non -supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award. All recipients must comply with any such requirements set forth in the program NOFO. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L, No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Procurement of Recovered Materials All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and RecovefyAct. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Reporting Subawards and Executive Compensation All recipients are required to comply with the requirements set forth in the government -wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the terms and conditions of your award. SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Terrorist f=inancing All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended (22 U.S.C. 7104). The award term is located at 2 CFR � 175.15, the full text of which is incorporated here by reference in the terms and conditions of your award. Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 9973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. DHS Standard Terms & Conditions: Reporting of Matters Related to Recipient If the total value of your currently active grants, cooperative agreements, Integrity and Performance and procurement contracts from all Federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. All recipients are required to comply with the requirements set forth in Management (SAM) Identifier and System of Award the government -wide Award Term regarding the System for Award ManageManagement and Universal Identifier Requirements located at 2 C.F.R. Part 25 A endix A, the full text of which is incorporated here by reference in the terms and conditions of your award. USA Patriot Act of 2001 Use of DHS Seal, Logo, and Flags Whistleblower Protection Act DHS Standard Terms & Conditions: All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act USA PATRIOT Act), which amends 18 U.S.C.& 175-175c. All recipients must obtain permission from their financial assistance office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including the use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 § 2409, Al U.S.C. 4712, and 10 U.S- C-§ 2324, 41 U.S.C. §§ 4304 and 4310. ACTION NO. ITEM NO. J.5 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: February 28, 2017 Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Diana I. Rosapepe, Director of Library Services, upon her retirement after more than thirty (30) years of service Deborah Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Recognition of the retirement of Diana L. Rosapepe BACKGROUND: Diana L. Rosapepe, Director of Library Services, retired on February 1, 2017, after thirty (30) years and nine (9) months of service with Roanoke County. Ms. Rosapepe is unable to attend today's meeting and her quilt and resolution 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 adoption 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, FEBRUARY 28, 2017 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DIANA L. ROSAPEPE, DIRECTOR OF LIBRARY SERVICES, UPON HER RETIREMENT AFTER MORE THAN THIRTY (30) YEARS OF SERVICE WHEREAS, Diana L. Rosapepe began her association with Roanoke County on May 5, 1986, serving as Branch Librarian of the Hollins Library from 1986 to 1990, Assistant Director of Library Services from 1990 to 2001, and Director of Library Services from 2001 until her retirement on February 1, 2017, after 30 years and nine (9) months of devoted, faithful, and expert service to Roanoke County; and WHEREAS, Ms. Rosapepe performed her duties with professionalism and tireless devotion throughout her career, dedicating long hours to the day-to-day operation of the library system; reporting to the Roanoke County Board of Supervisors, the Library Board of Trustees and The Friends of the Roanoke County Public Library; being actively engaged as a member of the Roanoke County management team; and working with the Roanoke Valley Libraries consortium to share library resources and provide convenient library services for Roanoke Valley citizens; and WHEREAS, Ms. Rosapepe's primary focus was to provide Roanoke County citizens with a strong and vibrant library system. Through her vision and leadership, she anticipated a seismic nationwide shift in libraries would reach Roanoke County and effectively transitioned the Library from a primarily paper-based service to a progressive technology model; and WHEREAS, after it became evident that the system's then -existing infrastructure could not adequately adapt to the demands of current technology, Ms. Rosapepe worked through Roanoke County's Capital Improvement Program process, which resulted in the construction of three new library facilities to replace the outdated and deteriorating Headquarters (South County), Glenvar and Vinton branches; and WHEREAS, these new facilities, starting with South County, revolutionized how people in the Roanoke Valley and beyond viewed libraries, replacing them as "book boxes" with attractive, well-planned and high-tech community centers where people study, meet, socialize and learn; and WHEREAS, during her time as Director, overall circulation increased thirty-four percent (34%), visits twenty-two percent (22%), and programming attendance fifty-three percent (53%); and WHEREAS, Ms. Rosapepe was a beloved mentor to many as she humbly shared her gifts of intelligence, wit and wisdom. She, too, was admired for her inexhaustible work ethic as well as her patience, honesty, kindness and determination to always find the best solution. She will be deeply missed by all who have had the honor to work with her. 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 DIANA L. ROSAPEPE for more than thirty 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. ACTION NO. ITEM NO. J.6 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: February 28, 2017 Resolution expressing support for Roanoke County's military and veterans caregivers Joseph McNamara Board Member Windsor Hills Thomas C. Gates County Administrator The Elizabeth Dole Foundation is calling on every city in America to pledge its support to the military and veteran caregivers in their communities. An estimated 5.5 million military and veteran caregivers live in large and small cities across the nation. The alarming challenges they face cannot be solved from Washington, DC alone. Every community has a responsibility to rally around these hidden heroes. BACKGROUND: The Foundation has recruited and trained caregivers in every state and Puerto Rico to serve as advisers and advocates, championed legislation on Capitol Hill, inspired reforms at the U.S. Department of Veterans Affairs, and built a National Coalition of more than 300 organizations from every sector that are developing resources for caregivers. In late September, the Elizabeth Dole Foundation will launch the Hidden Heroes campaign chaired by Tom Hanks, designed to serve as the catalyst for an even greater national response. The heart of the campaign will be the Hidden Heroes Cities - a nationwide network of cities committed to unifying their existing support and resources, and adding others that are needed, in order to provide the critically needed support for their city's military and veteran caregivers. Page 1 of 2 DISCUSSION: The U.S. Conference of Mayors, during its 2016 summer meeting, passed a resolution that encourages all cities to become military and veteran caregiver supportive cities. Following that great act of support for our nation's military caregivers, the Elizabeth Dole Foundation created a national civic engagement initiative, Hidden Heroes Cities. The Hidden Heroes Cities program invites cities across the nation to join with the Foundation and its national partners to create a local network and source of support. To help launch local initiatives, the Elizabeth Dole Foundation created a city resolution modeled on the Conference of Mayors national resolution, and is urging every city to begin their efforts with the signing of the resolution, becoming a Hidden Heroes City. The purpose and goals of the Hidden Heroes Cities element of the campaign are: To encourage cities to put into action the most effective locally relevant ways to identify military caregivers in their community, and create and continually update a register of those caregivers. Caregivers can sign up at HiddenHeroes.org after September 27. Create a working group/steering committee that can serve as the hub and organizing force for a city-wide effort to create awareness and support for military caregivers and their families in that city. The steering committee should include the participation of at least one military caregiver if at all possible, to add their personal perspective, experiences and knowledge. Through the steering committee, bring together those organizations with programs already assisting military caregivers, organizations with programs supporting service members that can be expanded to include support for their caregivers, and organizations that can create additional programs to provide the kinds of support and assistance that are missing and needed. Determine what the ongoing needs are in the community, and how the aggregated resources can address them, seeking new resources if necessary. In addressing caregiver support, review the seven areas identified by the Rand study as most critical to military caregivers: respite care, mental and physical health, employment and workplace support, education and training, community support at home, financial and legal issues, and interfaith action and ministry. Prioritize those areas in creating support for your community's caregivers. FISCAL IMPACT: There is no fiscal impact associated with this item. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. 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, FEBRUARY 28, 2017 RESOLUTION SUPPORTING ROANOKE'S MILITARY AND VETERAN CAREGIVERS WHEREAS, the series of wars in which our nation has been engaged over time, since World War II, has resulted in 5.5 million military and veteran caregivers who are parents, spouses, siblings and friends, caring for those wounded, ill or injured who have served our nation, as documented by the 2014 Rand study commissioned by the Elizabeth Dole Foundation ; and WHEREAS, the daily tasks of these military and veterans caregivers can include bathing, feeding, dressing and caring for the grievous injuries of wounded warriors, administering medications, providing emotional support, caring for the family and the home and working outside the home to earn essential income; and WHEREAS, the nation provides multi -faceted support to our wounded, ill and injured veterans and service members through public, private and philanthropic resources, but their caregivers receive little support or acknowledgement; and WHEREAS, most military and veteran caregivers consider the challenging work they do as simply carrying out their civic and patriotic duty, without realizing they are, in fact, caregivers, and do not identify themselves as such; and WHEREAS, an alarming number of military and veteran caregivers, according to research, are suffering numerous debilitating mental, physical and emotional effects as a result of their caregiving duties; and WHEREAS, the County of Roanoke desires to recognize and support those who are serving in these vital roles in our own community. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisor of the County of Roanoke, as follows: I. The Board of Supervisors of the County of Roanoke hereby designates the County of Roanoke as a military and veteran caregiver supportive city. 2. The County of Roanoke will seek to identify military and veteran caregivers residing in our County. 3. The County of Roanoke will work to ensure that our government, organizations, employers and non -profits are aware of the unique challenges of military and veteran caregivers and are encouraged to create supportive environments and opportunities for assistance. 4. The County of Roanoke will plan an observance each May, during Military Appreciation Month, to honor and recognize the City's military and veteran caregivers in partnership with the Elizabeth Dole Foundation's national Hidden Heroes campaign. 5. The County of Roanoke encourages all who care for and support veterans and service members to extend that support to their caregivers. 6. The County of Roanoke designates the County Administrator or his designee to serve as point of contact, for the public or private sector, for citizens and organizations wanting to offer support, and caregivers who need that support. ACTION NO. ITEM NO. J.7 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: February 28, 2017 Confirmation of appointment to the Clean Valley Council (At - Large) Deborah Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Confirmation of appointment BACKGROUND: It is the consensus of the Board of Supervisors to confirm the appointment of Sarah Duran-Ballen to represent Roanoke County on the Clean Valley Council. This is a two- year appointment and will expire June 30, 2019. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends confirmation of this appointment. Page 1 of 1 0 0 � 0 � � J Q � G q r4 2 � M LL \ j 0 77 ƒ g 00 N a ,m u k ƒ . C � '7p o E $ g CL o m m 2 m a a u k k 2 t / Ln c § u a a ) % , % » ; k Q 0) 2 k \ 00 \ \ / e a ¥ m { \ rn / \ $ r M ca k k / _ 7 _ \ U / E k \ / \ \ .E § ( 2 = � o m e o k \ 0 f / \ \ N § / ~ \ \ 0 E \ � > ; S § 2 \ ; � § \ r V) 2 _ k % ± ; 0 ; 0 # e 2 o \ § •@ o \ $ J - � 11 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Outstanding June 30, 2016 Additions Deletions General Obligation Bonds $ 4,497,704 $ - $ - VPSA School Bonds 95,149,806 8,159,100 Lease Revenue Bonds 81,150,705 - 2,740,000 Submitted By Approved By $ 180,798,215 $ Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator Outstanding February 28, 2017 $ 4,497,704 86,990,706 78,410,705 $ 10,899,100 - $ 169,899,115 i N N co es CO LU f0 0 co — z CG Q�UU) ® m 3 CD'O H LL :3 = ® 00 " a H 0 CD W z r— CD L ® EU O U D CD CD U) CD ca M O C. Ll U 99 U W ,6 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 o 0 C 0 C 0 C 0 C 0 0 00 o 0 C 0 C 0 co o � co 1�rnd' a nrO000r(O0(O M00 a Or(O OpMO e n rr- CC! 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Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors Payroll 01/13/17 Payroll 01/27/17 Manual Checks Grand Total Direct Deposit 1,320,509.00 1,237,880.17 Checks 43,699.56 39,987.87 2,602.23 Total $ 11,562,972.74 1,364,208.56 1,277,868.04 2,602.23 $ 14,207,651.57 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. VIETNAM VETERANS DAY WHEREAS, President Barack Obama proclaimed May 28, 2012, through November 11, 2025, as the Commemoration of the 50"' Anniversary of the Vietnam War, and called upon Federal, State, and local officials to honor our fallen, our wounded, those unaccounted for, our former prisoners of war, their families, and all who served with appropriate programs, ceremonies and activities that demonstrate the fullest respect and support of a grateful Nation for the courage, valor, and sacrifice of the men and women who answered the call to duty; and WHEREAS, according to the Department of Veterans Affairs, 9 million Americans served on active duty in the U.S. Armed Forces during the period of the Vietnam War; approximately 7 million are living today; and WHEREAS, a grateful Nation should express its appreciation, support and respect to all veterans of the Vietnam War, including more than 1,600 of our service people missing in action, and their families, for their service, commitment, and sacrifice on our behalf; and WHEREAS, in response to the call of this Proclamation on the Commemoration of the 50th Anniversary of the Vietnam War, localities within the Roanoke Valley agreed to hold a special ceremony on March 29, 2017, to recall that day in 1973 when the last combat troops withdrew from Vietnam, in each of our respective localities to remember, honor, and thank the men and women who served in the Vietnam War; and WHEREAS, out of great respect for the military personnel who served our country during the Vietnam War, the County of Roanoke is privileged, honored, and humbled to participate in this celebration; and WHEREAS, the County of Roanoke is proud to be part of a Nation whose people have such a love for and commitment to their Country. NOW, THEREFORE, The Roanoke County Board of Supervisors of Roanoke Virginia, wish to express the appreciation, gratitude, and respect of the citizens of the County of Roanoke to our Vietnam Veterans and their families for their courage, commitment, and sacrifice in protecting our Country, and thus do hereby proclaim March 29, 2017, throughout the County of Roanoke, as VIETNAM VETERANS DAY Presented the 29th day of March 2017 George Alsaid,,., f) „ A Bedrosian ` mm&A.�_ � 66L ACTION NO. ITEM NO. N.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: February 28, 2017 Work session to review with the Board of Supervisors fiscal year 2017-2018 General Government Fund operating budget revenues Christopher Bever Director of Management and Budget Thomas C. Gates County Administrator Review fiscal year 2017-2018 General Government Fund revenue estimates with the Board of Supervisors. BACKGROUND: As part of the annual operating budget development process, staff provides the Board of Supervisors revenue estimates for the coming fiscal year in advance of the County Administrator's proposal of the operating budget. DISCUSSION: This work session will provide information to the Board of Supervisors regarding fiscal year 2017-2018 revenue estimates for the General Government Fund. Revenue estimates contained in the attached presentation are as of February 22, 2017 and are subject to change based on any additional information received by staff. Final proposed fiscal year 2017-2018 revenues will be detailed in the County Administrator's Proposed Fiscal Year 2017-2018 Operating Budget document, scheduled to be presented to the Board of Supervisors on March 14, 2017. The attached Power Point presentation will be shown. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with the receipt of the attached presentation. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive information regarding County of Roanoke fiscal year 2017-2018 General Government Fund revenue estimates. 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