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9/12/2017 - Regular
Roanoke County Board of Supervisors September 12, 2017 INVOCATION: Pastor Tom Reeves Church of St. Peter and St. Paul 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 September 12, 2017 Good afternoon and welcome to our meeting for September 12, 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.RoanokeCountvVA.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 E. NEW BUSINESS 1. Resolution approving a Memorandum of Agreement (MOA) between the County of Roanoke and the Virginia Department of Environmental Quality (DEQ) to establish a cooperative relationship in connection with the Mountain Valley Pipeline (MVP) Project (Richard Caywood, Assistant County Administrator; Ruth Ellen Kuhnel, County Attorney) Page 2 of 5 F. PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Public hearing to consider requesting the Virginia Department of Transportation to restrict through tractor truck and trailer or semi -trailer combinations on Route 624 (Newport Road / Mount Tabor Road) in Roanoke County (David Holladay, Planning Administrator) G. FIRST READING OF ORDINANCES 1. Ordinance accepting and appropriating funds in the amount of $1,084,206 from the Department of Homeland Security (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) Grant (Stephen G. Simon, Chief of Fire and Rescue; Christopher R. Bever, Director, Management and Budget) 2. Ordinance of the Board of Supervisors of the County of Roanoke, Virginia approving the lease financing of various capital projects for the County and authorizing the leasing of certain County -owned property, the execution and delivery of a prime lease and a local lease acquisition agreement and financing lease, and other related actions (Rebecca Owens, Director of Finance) H. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance authorizing the granting of a new public drainage easement by Charles S. Kroll and Annette W. Kroll to the Board of Supervisors of Roanoke County tax map no. 087.05-04-16.00 for the purpose of facilitating storm water management, Cave Spring Magisterial District (Tarek Moneir, Deputy Director of Development) 2. Ordinance authorizing the granting of a new public drainage easement by Donna R. Moran to the Board of Supervisors of Roanoke County tax map no. 071.10-04- 36.00 for the purpose of facilitating storm water management, Vinton Magisterial District (Tarek Moneir, Deputy Director of Development) I. SECOND READING OF ORDINANCES 1. Ordinance to amend the fiscal year 2017-2018 Capital Budget and Self - Contained Breathing Apparatus capital project by accepting and appropriating Federal grant funding in the amount of $860,455, appropriating County Capital Reserves in the amount of $879,545, and reducing planned bonded indebtedness by $1,600,000 (Stephen G. Simon, Chief of Fire and Rescue; Christopher R. Bever, Director of Management and Budget) 2. Ordinance authorizing the County Administrator to execute a contract for the purchase of a facility situated on +/- 1.82 acres located at 5285 Hollins Road in Roanoke County (Rob Light, Director of General Services) Page 3 of 5 3. Ordinance authorizing the lease of the house and one acre of real estate (Tax Map No. 75.00-2-36) located at Happy Hollow Park at 6697 Mt. Chestnut Road in the Windsor Hills Magisterial District (Doug Blount, Director of Parks, Recreation and Tourism) J. APPOINTMENTS 1. Budget and Fiscal Affairs (BFAC)(appointed by District and At -Large) 2. Economic Development Authority (EDA)(appointed by District) 3. Library Board (appointed by District) 4. Social Services Advisory Board (appointed by District) K. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes — June 6, 2017; June 27, 2017 2. Request to approve the Board of Supervisors budget development calendar for fiscal year 2018-2019 3. Resolution requesting acceptance of Laryn Lane and Leigh Lane into the Virginia Department of Transportation Secondary System 4. Confirmation of appointment to the Budget and Fiscal Affairs Committee (BFAC) (appointed by District); Social Services Advisory Board (appointed by District) 5. Confirmation of appointment of the parent representative to the Community Policy and Management Team (CPMT) L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report N. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Al Bedrosian 2. Martha B. Hooker Page 4 of 5 3. P. Jason Peters 4. George G. Assaid 5. Joseph P. McNamara O. WORK SESSIONS 1. Work session to discuss 2017-2018 Transportation Funding Requests (Megan Cronise, Principal Planner) P. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.5. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community Q. CERTIFICATION RESOLUTION R. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 12, 2017 Resolution approving a Memorandum of Agreement (MOA) between the County of Roanoke and the Virginia Department of Environmental Quality (DEQ) to establish a cooperative relationship in connection with the Mountain Valley Pipeline (MVP) Project Richard Caywood Assistant County Administrator Thomas C. Gates County Administrator Consideration of a resolution to approve a MOA with the Virginia Department of Environmental Quality. BACKGROUND: The proposed Mountain Valley Pipeline will extend approximately 8 miles across Western Roanoke County. The project's development and review is primarily governed by the Federal Energy Regulatory Commission. Under State Code, oversight for erosion and sediment control as well as stormwater management is granted to the Virginia Department of Environmental Quality. Localities do not have any direct regulatory oversight of stormwater or erosion and sediment for these projects. In order to allow a framework for local engagement, the Virginia Department of Environmental Quality has offered localities across the Commonwealth affected by the MVP pipeline project as well as the ACP pipeline project the opportunity to enter into a Memorandum of Agreement. The MOA will allow local governments the opportunity to comment on the technical details of proposed stormwater and erosion and sediment control devices. The MOA also allows locality staff the opportunity to accompany DEQ staff when field inspections are made. Page 1 of 2 This resolution would authorize the County Administrator to execute the attached Memorandum of Agreement on behalf of Roanoke County. DISCUSSION: It is anticipated that there will continue to be a high level of citizen interest in the design and construction of the MVP project. This MOA provides staff a structured and agreed upon framework for communication and collaboration during the design approval and construction phase of the project. The MOA does not obligate Roanoke County to dedicate any specific level of resources to the project. However, since Roanoke County has been actively engaged in the project since its inception, having an organized and agreed upon manner in which to interact with DEQ will be beneficial for both County and DEQ staff. FISCAL IMPACT: Since there is no required level of effort required of Roanoke County under this agreement there is no fiscal impact to this item. Roanoke County continues to have ongoing costs related to its efforts on the Mountain Valley Pipeline that are incorporated into the budget. STAFF RECOMMENDATION: Staff recommends approval of this resolution. Page 2 of 2 COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219 Molly Joseph Ward Mailing address: P.O. Box 1105, Richmond, Virginia 23218 David K. Paylor Secretary of Natural Resources www.deq.virginia.gov Director August 3, 2017 igsoo 698-4000 92 ase Mr. Thomas C. Gates County Administrator 5204 Bernard Drive Roanoke, Virginia 24018-0798 Re: Mountain Valley Pipeline Project Erosion and Sediment Control and Stormwater Management Review Dear Mr. Gates: I'm writing to offer Roanoke County the opportunity to work with the Department of Environmental Quality (DEQ) on review of the proposed Mountain Valley Pipeline (MVP). Virginia law and regulations establish that land disturbance associated with pipeline construction activities must meet Erosion and Sediment Control (ESC) and Stormwater Management (SWM) requirements to protect surface water quality during and after construction completion. As you may know, state law further mandates that natural gas pipeline utilities (and certain other utilities) meet the requirements for ESC and SWM under a DEQ approved Annual Standards and Specifications Program rather than by the review and approval of the local Virginia Erosion and Sediment Control Program (VESCP) authority and the local Virginia Stormwater Management Program (VSMP) authority, if one has been established. Under the Annual Standards and Specifications Program utilities are not required to submit site specific ESC and SWM plans to DEQ for approval. However, as an additional measure to ensure protection of state waters, DEQ has required the proposed MVP project to submit its site specific ESC and SWM plans to DEQ for review and approval. Enclosed for your review and consideration is a Memorandum of Agreement (MOA) that establishes a cooperative relationship between DEQ and Roanoke County in the review of ESC and SWM plans and future compliance and inspection activities related to the proposed MVP project. DEQ is inviting each locality in which there will be construction activity related to the proposed MVP project to consider signing this MOA. I am glad to answer any questions you may have about the MOA and I can be reached at melanie.davenport@deg.virginia.gov or (804) 698-4038. Also, if you intend to sign the agreement please let me know so that I can provide a document that is specific to your county/city. I look forward to hearing from you. cc: Denise Sowder Sincerely, Melanie D. Davenport Director, Water Permitting Division FA MEMORANDUM OF AGREEMENT This MEMORANDUM OF AGREEMENT (Agreement) is made as of this 291h day of August, 2017 between the VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) and Roanoke County (Locality). WHEREAS, to ensure the protection of water quality and the environment, the Code of Virginia clearly grants authority to DEQ to administer and enforce the Erosion and Sediment Control Law (Code of Virginia §§ 62.1-44.15:51 et seq.) and the Stormwater Management Act (Code of Virginia §§ 62.1-44.15:24 et seq.) for linear projects constructed subject to approved standards and specifications; WHEREAS, the proposed Mountain Valley Pipeline (MVP) interstate natural gas transmission project will transect Roanoke County and will be constructed under standards and specifications approved by DEQ; WHEREAS, due to the size, length and geographic scope of the proposed MVP project, in addition to approval of standards and specifications, DEQ is requiring individual site-specific erosion and sediment control and stormwater plans for construction activities to be submitted for review and approval; WHEREAS, due to citizen interest in the MVP project, DEQ is requiring the individual site-specific erosion and sediment control and stormwater plans to be posted on the MVP's project's website for public view; WHEREAS, pursuant to its authority to administer the enforcement of the Erosion and Sediment Control Law (Code of Virginia §§ 62.1-44.15:51 et seq.) and the Stormwater Management Act (Code of Virginia §§ 62.1-44.15:24 et seq.) for linear projects constructed under approved standards and specifications, DEQ will conduct compliance and inspection activities for construction in Virginia related to the proposed MVP project; WHEREAS, the Locality has expertise in erosion and sediment control and stormwater management, and an interest in protecting water quality and the environment in Roanoke County; WHEREAS, in the spirit of working together, DEQ has agreed to offer the Locality an opportunity to review and comment on the site-specific erosion and sediment control and stormwater plans for construction activities in the Locality related to the proposed MVP project; WHEREAS, DEQ has also agreed to offer the Locality an opportunity as practicable, to accompany DEQ on regular compliance and inspection site visits, and emergency or complaint - based compliance and inspection site visits, to construction sites in the Locality related to the proposed MVP; NOW, therefore, DEQ and the Locality agree as follows: 1. Comments on Individual Site -Specific Plans. DEQ will receive and consider comments from the Locality for individual project -specific plans that include proposed construction activity related to the proposed MVP project in the Locality. These plans are available for review on Page 1 of 3 DEQ's website. The Locality agrees to provide any comments to DEQ no later than October 13, 2017. Comments may be delivered in hard copy or electronically to: Hannah Zegler (804) 698-4206 Virginia Department of Environmental Quality P.O. Box 1105 Richmond Virginia 23218 Hannah.zeglergdeq.vir ig nia.gov This paragraph does not create an obligation for the Locality to provide comments to any individual project -specific plan related to the proposed MVP. Nothing in this paragraph shall be construed to convey to the Locality any of DEQ's exclusive authority to administer the Erosion and Sediment Control Law (Code of Virginia §§ 62.1-44.15:51 et seq.) and the Stormwater Management Act (Code of Virginia §§ 62.1-44.15:24 et seq.) for linear projects constructed under approved standards and specifications. 2. Compliance and Inspection Site Visits. The Locality designates David Henderson to serve as the Locality Inspection Contact (Contact) for the purposes of receiving notification on behalf of the Locality for the compliance and inspection activities described in this Agreement. To the extent practicable, DEQ will notify the Contact at least two (2) business days in advance of planned compliance and inspection site visits to construction sites related to the proposed MVP project in the Locality as well as any unplanned site visits (such as emergency or complaint -based inspections) to construction sites related to the proposed MVP in the Locality. Notification of compliance and inspection site visits shall be made by telephone or email to the Contact as set forth below: David Henderson, P.E. County Engineer 540-772-2083 DHENDERSON@roa,nokecountyva.gov Once notified, if the Locality intends on accompanying DEQ on a site visit, the Locality shall contact DEQ at the following to coordinate information and logistics: Jerome Brooks (804) 698-4403 Water Compliance Manager Jerome.brookskdeq.vir ig nia.gov During any such site visits, the Locality, DEQ, and their respective employees and agents agree to comply with all applicable safety requirements relating to the proposed MVP project. With respect to the Locality, the scope of any site visit inspections shall be limited solely to erosion and sediment control and stormwater management. This paragraph does not create an obligation for the Locality to accompany DEQ on any inspection or compliance site visit related to the proposed MVP project. Nothing in this paragraph shall be construed to convey to the Locality any of DEQ's exclusive authority to administer the enforcement of the Erosion and Sediment Control Law (Code of Virginia §§ 62.1-44.15:51 et seq.) and the Stormwater Management Act Page 2 of 3 (Code of Virginia §§ 62.1-44.15:24 et seq.) for linear projects constructed under approved standards and specifications. 3. Effective Date and Termination. This Agreement shall be effective upon its execution by both DEQ and the Locality and on the date specified below. This Agreement shall terminate thirty (30) days after the final permanent stabilization of all of the proposed MVP project's construction sites in the Locality. At any time, the Locality may notify DEQ that it no longer intends to participate in this Agreement and it will terminate upon written notice by the Locality. Such notice shall be provided to: Melanie D. Davenport (804) 698-4038 Director, Water Permitting Division Virginia Department of Environmental Quality P.O. Box 1105 Richmond Virginia 23218 Melanie. davenportgdeq.vir_ig nia,.gov Witness the following duly authorized signatures: Virginia Department of Environmental Quality By: David K. Paylor Title: Director Date: Roanoke County By: Title: Date: Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 12, 2017 RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY AND ROANOKE COUNTY WHEREAS, the pipeline known as the Mountain Valley Pipeline (MVP) is expected to transport a natural gas supply from the Marcellus and Utica regions to various Southeast United States markets, and WHEREAS, the Code of Virginia clearly grants authority to DEQ (Department of Environmental Quality) to administer and enforce the Erosion and Sediment Control Law (Code of Virginia §§ 62.1-44.15:51 et seq.) and the Stormwater Management Act (Code of Virginia §§ 62.1-44.15:24 et seq.) for linear projects constructed subject to approved standards and specifications; and WHEREAS, DEQ has agreed to offer the Locality an opportunity to review and comment on the site-specific erosion and sediment control and stormwater plans for construction activities in the locality related to the proposed MVP project; and WHEREAS, DEQ has also agreed to offer the Locality an opportunity as practicable, to accompany DEQ on regular compliance and inspection site visits, and emergency or complaint -based compliance and inspection site visits, to construction sites in the Locality related to the proposed MVP; and WHEREAS, the Locality designates the County Engineer to serve as the Locality Inspection Contact for the purposes of receiving notification on behalf of the Locality for the compliance and inspection activities described in this Agreement; and Page 1 of 2 WHEREAS, this Agreement shall be effective upon its execution by both DEQ and the Locality and on the date specified below; and DEQ. WHEREAS, the Locality may terminate this Agreement upon written notice to NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: The Memorandum of Agreement between the Virginia department of Environmental Quality and Roanoke County be, and hereby is, approved; and That the County Administrator, or his designee, is hereby authorized to execute said Agreement on behalf of the County. Page 2 of 2 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: September 12, 2017 Public hearing to consider requesting the Virginia Department of Transportation to restrict through tractor truck and trailer or semi -trailer combinations on Route 624 (Newport Road / Mount Tabor Road) in Roanoke County Arnold Covey Director of Community Development APPROVED BY: Thomas C. Gates County Administrator ISSUE: Restriction of through tractor truck and trailer or semi -trailer combinations requires a public hearing and resolution by the local governing body to the Virginia Department of Transportation. BACKGROUND: In January 2017, Montgomery County staff began discussions with Roanoke County staff and VDOT regarding through truck restrictions on Route 624, which is Mount Tabor Road in Montgomery County and Newport Road in Roanoke County. Tight curves on Mount Tabor Road makes passage by large trucks very difficult. Using Global Positioning System navigation guidance, numerous truck drivers have attempted to traverse the roadway only to become stuck in curves too tight for the truck to navigate. In some cases, trucks have overturned. These incidents have resulted in extended closures of the roadway impacting motorists in the area in both Roanoke and Montgomery Counties. VDOT has advised that it would be best to restrict truck passage on both ends of Route 624, so that trucks entering from Roanoke County would not get to the Montgomery County limits, only to encounter the truck restriction without an adequate facility in which to turn around. On July 24, 2017, the Montgomery County Board of Supervisors adopted a resolution requesting VDOT to restrict through tractor truck and trailer or semi -trailer combinations Page 1 of 3 on Route 624 (Mount Tabor Road / Newport Road. Montgomery County has requested the Roanoke County Board of Supervisors to consider the adoption a similar resolution. DISCUSSION: A "Through Truck," as defined in Virginia, is a truck that traverses a roadway on which it has neither an origin or destination. A truck that has either an origin or destination on a particular roadway is not considered to be a "Through Truck" when traveling that roadway. This distinction is important because it allows an otherwise restricted vehicle to make a pick up or delivery along a restricted route. A common example of this is when a tractor trailer moving truck traverses restricted routes in a residential area in order to get to a home. The process to restrict through trucks on a secondary street requires that the local governing body hold a public hearing and adopt a resolution formally requesting that VDOT place this restriction on a given section of roadway. Once the public hearing has been held and the resolution adopted, the request is forwarded to the local VDOT Resident Administrator for additional review and processing. For Secondary Roadways, Through Truck Restriction requests are either approved or denied by the VDOT Commissioner. This process takes approximately nine (9) months from VDOT's receipt of the required resolution form the local governing body. There are several key criteria that VDOT considers prior to approving any proposed restriction: 1. A reasonable alternative route is provided. 2. Character/frequency of the truck traffic on the route is not compatible with the affected area. 3. Roadway is residential in nature. 4. Roadway must be functionally classified as either local or collector. The failure to satisfy both criteria one and two, and either three or four will result in the request being denied. Local truck traffic, for deliveries or someone who resides on this route, are not affected by the designation, however, all through trucks would be required to use an alternate route. The through truck restriction is proposed for Route 624 (Newport Road) beginning at the North Corporate Limits of Blacksburg, Route 624 (Mount Tabor Road / Newport Road), and ending at the intersection of Route 311 (Catawba Valley Drive), with a termini to termini distance of approximately 18.61 miles. The alternate route proposed is Business US Route 460 (North Main Street) beginning at the intersection of Route 624 (Mount Tabor Road) and Business US Route 460 Page 2 of 3 (North Main Street), to US Route 460, then traveling east on US Route 460 to 1-81, then traveling north on 1-81 to Exit 140 to Route 311 (Thompson Memorial Drive), then traveling north on Route 311 (Thompson Memorial Drive / Catawba Valley Drive and ending at the intersection of Route 624 (Newport Road) and Route 311 (Catawba Valley Drive), with a termini to termini distance of approximately 47.05 miles. (see attached map) FISCAL IMPACT: There is no fiscal impact for this item. All costs related to the restriction and associated signage are the responsibility of VDOT. Roanoke County Police would enforce the restriction, if approved, as part of its normal patrol responsibility. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. Page 3 of 3 .2) W N 0 4- m O 0 QJ - C O O - 4� U O N � Q 5 w `'T ♦ O O Q Q O O L L - r U 0-0- i � � r, ■ ■ F. CRAIG MEADOWS, COUNTY ADMINISTRATOR OFFICE OF COUNTY ADMINISTRATION MONTGOMERY COUNTY• VIRGINIA 41 755 ROANOKE ST, SUITE 2E - CHRISTIANSBURG, VA 24073 'r PHONE: 540.382.6954 • FAX: 540.382.6943 WWW.MONTGOMERY000NIYVA.GOV July 25, 2017 Thomas C. Gates Roanoke County Administrator 5204 Bernard Drive P.O. Box 29800 Roanoke, VA 24018-0798 Re: Request to the Vir inia Department of Transportation to Restrict Tractor Trailers on SR 624 (Mount Tabor_ RoadlNeM:)ort Road Dear Tom: At their meeting on July 24, 2017 the Montgomery County Board of Supervisors adopted a resolution requesting the Virginia Department of Transportation (VDoT) to restrict through tractor truck and trailer or semi -trailer combinations on Route 624 (Mount Tabor Road/Newport Road). A copy of the resolution is attached, along with a copy of the map showing the proposed restriction and the proposed alternative route. On behalf of the Montgomery County Board of Supervisors, I am requesting that you bring this matter before the Roanoke County Board of Supervisors to consider adopting a similar resolution. Please let me know if you have any questions, Sincerel F. raig aun FCM/jk Attachments cc; David Clarke, VDoT Residency Administrator Mike Azar, VDoT Salem District AT AN ADJOURNED MEETING OF THE BOARD OF SUPERVISORS OF MONTGOMERY COUNTY, VIRGINIA HELD ON THE 24TH DAY OF JULY, 2017 AT 6:30 P.M. IN THE BOARD CHAMBERS, MONTGOMERY COUNTY GOVERNMENT CENTER, 755 ROANOKE STREET, CHRISTIANSBURG, VIRGINIA: R -FY -18-06 RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO RESTRICT THROUGH TRACTOR TRUCK AND TRAILER OR SEMI -TRAILER COMBINATIONS ON ROUTE 624 (MOUNT TABOR ROAD/NEWPORT ROAD) IN MONTGOMERY COUNTY On a motion by Annette S. Perkins, seconded by M. Todd King and carried unanimously, WHEREAS, The Montgomery County Board of Supervisors and the Roanoke County Board of Supervisors have studied the possibility of placing a through tractor truck and trailer or semi -trailer combinations restriction on Route 624 (Mount Tabor Road/Newport Road); and WHEREAS, The restriction of through tractor truck and trailer or semi -trailer combinations is proposed on Route 624 (Mount Tabor Road/Newport Road), beginning at the NCL of Blacksburg, Route 624 (Mount Tabor Road/Newport Road) and ending at the intersection of Route 311 (Catawba Valley Drive) with the termini to termini distance equaling approximately 18.61 miles; and WHEREAS, The alternate route proposed is Business US Route 460 (North Main Street) beginning at the intersection of Mount Tabor Road and Business US Route 460 (North Main Street), in the Town of Blacksburg, then traveling, north on Business US Route 460 (North Main Street), to US Route 460, then traveling east on US Route 460 to I-81, then traveling north on I- 81 to Exit 140 to Route 311 (Thompson Memorial), then traveling north on Route 311 (Thompson Memorial/Catawba Valley Drive) and ending at the intersection of Route 624 (Newport Road) and Route 311 (Catawba Valley Drive) with the termini to termini distance equaling approximately 47.05 miles; and WHEREAS, The alternate route has been found to be reasonable; and WHEREAS, A public hearing was held on July 10, 2017 according to Section 46.2-809 of the Code of Virginia, 1950, as amended. NOW, THEREFORE, BE IT RESOLVED, That the Montgomery County Board of Supervisors requests the Commonwealth Transportation Board and the Virginia Department of Request VDoT to Restrict Truck Traffic on Mount Tabor Road SR 624 Page 1 of 2 Transportation to restrict through tractor truck and trailer or semi -trailer combinations on Route 624 (Mount Tabor Road), beginning at the NCL of Blacksburg Route 624 (Mount Tabor Road/Newport Road) and ending at the intersection of Route 311 (Catawba Valley Drive), with the termini to termini distance equaling approximately 18.61 miles; and BE IT FURTHER RESOLVED, That the County will use its offices for enforcement of the proposed restriction in Montgomery County. The vote on the foregoing resolution was as follows: AYE NAY Annette S. Perkins None M. Todd King Gary D. Creed Mary W. Biggs Darrell O. Sheppard April N. DeMotts Christopher A. Tuck ATTEST: C Request VDoT to Restrict Truck Traffic on Mount Tabor Road 5R 024 Page 2 of 2 }. § q 2 & $ ^0 $ $ \ x $ . . : ¢ Do $ / ! DO E z o o LAJ $ $« .. \T«: y . $ 0 � ce Z p 2 :z§n, b cc < c ¥ ■ 0 2 ¢ � � b LL $ ! $ r£ uj 210 o $ |Q \ ƒ $ 44 � k � � c 2 m % g 7 J §$ \ _ r B g 22 � \ / � %'• 42 � � 2 � m \ \ $ I �� $ § 0 p I f @ 2a @ § NO E - 0 _ .. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 12, 2017 RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO RESTRICT THROUGH TRACTOR TRUCK AND TRAILER OR SEMI -TRAILER COMBINATIONS ON ROUTE 624 (NEWPORT ROAD / MOUNT TABOR ROAD) IN ROANOKE COUNTY WHEREAS, the Roanoke County Board of Supervisors and the Montgomery County Board of Supervisors, have studied the possibility of placing a through tractor truck and trailer or semi -trailer combinations restriction on Route 624 (Newport Road / Mount Tabor Road); and WHEREAS, the through tractor truck and trailer or semi -trailer combinations is proposed on Route 624 (Mount Tabor Road / Newport Road), beginning at the NCL of Blacksburg, Route 624 (Mount Tabor Road / Newport Road) and ending at the intersection of Route 311 (Catawba Valley Drive) with the termini to termini distance equaling approximately 18.61 miles; and WHEREAS, the alternate route proposed is Bus. US Route 460 (North Main Street) beginning at the intersection of Mount Tabor Road and Bus. US Route 460 (North Main Street), in the Town of Blacksburg, then traveling north on Bus. US Route 460 (North Main Street), to US Route 460, then traveling east on US Route 460 to 1-81, then traveling north on 1-81 to Exit 140 to Route 311 (Thompson Memorial), then traveling north on Route 311 (Thompson Memorial / Catawba Valley Drive) and ending at the intersection of Route 624 (Newport Road) and Route 311 (Catawba Valley Drive) with the termini to termini distance equaling approximately 47.05 miles; and WHEREAS, the alternate route has been found to be reasonable; and Page 1 of 2 WHEREAS, a public hearing was held on September 12, 2017, according to Section 46.2-809 of the Code of Virginia, 1950, as amended. NOW, THEREFORE BE IT RESOLVED, that the Roanoke County Board of Supervisors requests the Virginia Department of Transportation to restrict through tractor truck and trailer or semi -trailer combinations on Route 624 (Mount Tabor Road), beginning at the NCL of Blacksburg Route 624 (Mount Tabor Road / Newport Road) and ending at the intersection of Route 311 (Catawba Valley Drive), with the termini to termini distance equaling approximately 18.61 miles; and BE IT FURTHER RESOLVED that the County will use its offices for enforcement of the proposed restriction in Roanoke County. Page 2 of 2 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: September 12, 2017 Ordinance accepting and appropriating funds in the amount of $1,084,206 from the Department of Homeland Security (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) Grant Stephen G. Simon Chief of Fire and Rescue APPROVED BY: Thomas C. Gates County Administrator ISSUE: Appropriation of a grant from the Department of Homeland Security (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) program in the amount of $1,084,206 to support the hiring of eleven new firefighter positions. BACKGROUND: The Staffing for Adequate Fire and Emergency Response (SAFER) grant program was created by the Department of Homeland Security (DHS) to provide funding directly to fire departments and volunteer firefighter interest organizations with the purpose of increasing or maintaining the number of trained, "front line" firefighters. The goal of the SAFER program is to enhance local fire departments' abilities to comply with staffing, response and operational standards established by the National Fire Protection Association (NFPA). DISCUSSION: The SAFER program is a competitive grant awarded to fire departments that demonstrate a clear need for additional firefighter staffing. The County of Roanoke Fire and Rescue Department applied for this grant in February 2017, and received notification that it was selected as a recipient of the grant on July 28, 2017. The grant Page 1 of 3 award totals $1,084,206 over a three-year period supporting the hiring of eleven new firefighter positions. Acceptance of the grant award requires the County to hire additional staff, not offset costs associated with existing staff. The County of Roanoke Fire and Rescue Department will utilize the eleven new positions to meet minimum staffing levels and maintain adequate emergency response capabilities. A recruit school scheduled to start in November 2017 will provide training and the new personnel will be assigned to stations in March 2018. As part of the adopted fiscal year 2017-2018 Operating Budget, the Board of Supervisors approved net new funding in the amount of $180,449 to add four new firefighter positions. Staff indicated to the Board of Supervisors at that time if SAFER grant funds were awarded, up to eleven firefighter positions could be added to the Fire and Rescue Department without additional County resources due to the cost sharing component of the grant. As part of this appropriation ordinance, County staff will request an additional seven firefighter positions be added to the County's Classification and Pay Plan. These seven positions plus the four positions added as part of the adopted fiscal year 2017-2018 Operating Budget will provide the Fire and Rescue department a total of eleven new positions to be supported by the SAFER grant. FISCAL IMPACT: The SAFER grant is a cost sharing grant. For years one and two of the grant, DHS will fund 75% of eligible costs, with the County responsible for 25% costs. For year three of the grant, DHS will fund 35% of eligible costs, with the County responsible for 65% of costs. The maximum reimbursement the County can receive from this grant is $1,084,206 over three years. The three year grant period will start with the hiring of the eleven new firefighters in November 2017. The net new funding approved by the Board of Supervisors in the fiscal year 2017-2018 Operating Budget ($180,449) for four new firefighter positions is anticipated to be sufficient to cover the County's share of the grant in fiscal year 2017-2018. No additional County resources will be required in fiscal year 2017-2018 to support this grant. A projected five-year fiscal impact of the grant was provided to the Board of Supervisors in a memorandum sent by the County Administrator on August 23, 2017, and is included as an attachment to this board report form. Projections provided in the memorandum are related to the new positions only and do not account for potential increased service delivery demands and volunteer staffing level decreases that could impact the budget in future years. STAFF RECOMMENDATION: Page 2 of 3 Staff recommends approval of the appropriation of $1,084,206 from the Department of Homeland Security (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) grant program, and adding seven new firefighter positions to the County's Classification and Pay Plan. Staff recommends approval of the first reading of this ordinance and scheduling second reading on September 26, 2017. Page 3 of 3 Award Package Page 1 of 22 Award Package https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire adrnin/awardslspeclview away... 7/31/2017 Award Package U.S. Department of Homeland Security Washington, D.C. 20472 : Z' - :" A Mrs.Wina Green Roanoke County Fire and Rescue 5204 Bernard Drive Roanoke, Virginia 24018-4345 Re: Grant No.EMW-2016-FH-00387 Dear Mrs, Green: Page 2 of 22 Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2016 Staffing for Adequate Fire and Emergency Response (SAFER) Grant has been approved in the amount of $1,084,206.00. As a condition of this award, you are required to contribute a cost match in the amount of $673,968.00 of non -Federal funds. The Federal share is $1,084,206.00 of the approved total project cost of $1,758,174.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the Assistance to Firefighters Grant Programs' a -grant system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2016 Staffing for Adequate Fire and Emergency Response (SAFER) Grant Notice of Funding Opportunity Please make sure you read, understand, and maintain a copy of these documents in your official file for this award, Prior to requesting Federal funds, all recipients are required to register in the System for Award Management (SAM.gov). As the recipient, you must register and maintain current information in SAM.gov until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM.gov. Your 9€ mpon-line lrpe m�gasa�olpublEc/SAMI. It is your entity's responsibility to have a valid DUNS number the of registration. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please go to hftps:llportal.fema,ggv to accept or decline your award. This will take you to the Assistance to Firefighters eGrants system. Enter your User Name and Password as requested on the login screen. Your User Name and Password are the same as those used to complete the application on-line. Once you are in the system, the Status page will be the first screen you see. On the right side of the Status screen, you will see a column entitled Action. In this column, please select the View Award Package from the drop down menu. Click Go to view your award package and indicate your acceptance or declination of award.. PLEASE NOTE: your recruitment period has begun. If you wish to accept your grant, you should do so immediately. When you have finished, we recommend printing your award package for your records. Step 2: If you accept your award, you will see a link on the left side of the screen that says "Update 1199A" in the Action column. Click this link. This fink will take you to the SF -1199A, Direct Deposit Sign-up Form. Please https:llesorvices.fema.govIFemaFireGrantlfiregrantljsp/fire adniin/awardslspec/view awar... 7/31/2017 Award Package Page 3 of 22 complete the SF -1199A on-line if you have not done so already. When you have finished, you must submit the form electronically. Then, using the Print 1199A Button, print a copy and take it to your bank to have the bottom portion completed. Make sure your application number is on the form. After your bank has filled out their portion of the form, you must fax a copy of the form to FEMA's SF -1'199 Processing Staff at 640-604- 2883. You should keep the original form in your grant files. After the faxed version of your SF 1199A has been reviewed you will receive an email Indicating the form is approved. Once approved you will be able to request payments online. If you have any questions or concerns regarding your 1199A, or the process to request your funds, please call (866) 274-0960. Sincerely, Bridget Bean Acting Assistant Administrator for Grant Programs https://eservices.fema.gov/FemaFireGxantlfiregrantljsp/fire_adminlawards/spec/view awar... 7/31/2017 Award Package Summary Award Memo SUMMARY OF ASSISTANCE ACTION STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANTS Application INSTRUMENT. GRANT AGREEMENT NUMBER: EMW-2016-FH-00387 GRANTEE: Roanoke County Fire and Rescue DUNS NUMBER: AMOUNT: Project Description 062353610 $1,758,174.00, Hiring Wage 4 o1 22 The purpose of the Staffing for Adequate Fire and Emergency Response Program is to protect the health and safety of the public and firefighting personnel against fire and fire -related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application, and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Staffing for Adequate Fire and Emergency Response Grant program's purpose and worthy of award. The projects approved for funding are indicated by the budget or negotiation comments below. The recipient shall perform the work described in the grant application for the recipient's approved project or projects as itemized in the request details section of the application and further described in the grant application narrative. The content of the approved portions of the application - along with any documents submitted with the recipient's application - are incorporated by reference into the terms of the recipient's award. The recipient may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval, via amendment request, from FEMA. Period of Performance 24 -JAN -18 to 23 -JAN -21 Amount Awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this grant (including Federal share plus recipient match): Personnel: $1,339,536.00 Fringe Benefits $418,638.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $1,758,174.00 https://esezvices.fema. govIFernaFireGrantlfiregrantlj splfire_adminlawards/speclview_awar... 7/31/2017 Award Package Page S of 22 NEGOTIATION COMMENTS IF APPLICABLE (max 8000 characters) Any questions pertaining to your award package, please contact your GPD Grants Management Specialist: Annette Robinson at annette.robinson2@fema.dhs.gov. FEMA Officials Program Officer: The Program Specialist is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. If you have any programmatic questions regarding your grant, please call the AFG Help Desk at 866-274-0960 to be directed to a program specialist. Grants Assistance Officer: The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. The Officer conducts the final business review of all grant awards and permits the obligation of federal funds. If you have any questions regarding your grant please call ASK-GMD at 866-827-5646 to be directed to a Grants Management Specialist. Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this grant award. if you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist. ADDITIONAL. REQUIREMENTS (1F APPLICABLE) (max 8000 characters) National Environmental Policy Act All recipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. https://eservic,es.fema.govIFemaFireCTrautlfiregrantljsp/fire adminlawards/speclview_awar... 7/31/2017 Award Package Page 6 of 22 Agreement Articles U.S. Department of Homeland Security Washington, D.C. 24472 AGREEMENT ARTICLES STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) Grants GRANTEE: Roanoke County Fire and Rescue PROGRAM: Staffing for Adequate Fire and Emergency Response (SAFER) - Hiring AGREEMENT -NUMBER: EMW-2016-FH-00387 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Assurances, Administrative Requirements and Cost Principles Article Il Acknowledgement of Federal Funding from DMS Article III Activities Conducted Abroad Article IV Age Discrimination Act of 1975 Article V Americans with Disabilities Act of 1990 Article VI Best Practices for Collection and Use of Personally Identifiable Information (PII) Article VII Title VI of the Civil Rights Act of 1964 Article VIII Civil Right Act of 1968 Article IX Copyright Article X Debarment and Suspension Article XI Drug -Free Workplace Regulations Article XII Duplication of Benefits Article XIII Energy Policy and Conservation Act Article XIV Reporting Subawards and Executive Compensation Article XV False Claims Act and Program Fraud Civil Remedies Article XVI Federal Debt Status Article XVII Fly America Act of 1974 Article XVIII Hotel and Motel Safety Act of 1990 Article XIX Limited English Proficiency (Civil Rights Act of 1964, Title VI) https://esezvices.fema.gov/FemaFireGrantlfiregrantijsp/fre_adminlawardslspec/view awar... 7/31/2017 Award ;Package Article XX Lobbying Prohibitions Article XXI Non -supplanting Requirement Article XXII Patents and Intellectual Property Rights Article XXIII Procurement of Recovered Materials Article XXIV Contract Provisions for Non-federal Entity Contracts Article XXXVII under Federal Awards Article XXV SAFECOM Article XXVI Terrorist Financing E.O. 93224 Article XXVII Title IX of the Education Amendments of 9972 (Equal Opportunity in Education Act) Article XXVII Trafficking Victims Protection Act of 2000 Article XXIX Rehabilitation Act of 1973 Article XXX USA Patriot Act of 2001 Article XXXI Use of DHS Seal, Logo and Flags Article XXXII Whistleblower Protection Act Article XXXIII DHS Specific Acknowledgements and Assurances Article XXXIV System of Award Management and Universal Identifier Requirements Article XXXV Animal Welfare Act of 9966 Article XXXVI Protection of Human Subjects Article XXXVII Incorporation by Reference of Notice of Funding Opportunity Article XXXVIII Acceptance of Post Award Changes Article XXXIX Prior Approval for Modification of Approved Budget Article XL Disposition of Equipment Acquired Under the Federal Award Article XLI Environmental Planning and Historic Preservation Screening Assurances, Administrative Requirements and Cost Princioles Recipients of DHS federal financial assistance must complete OMB Standard Form 424B Assurances - Non -Construction Programs. Certain assurances in this document may not be applicable to your program, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. The administrative requirements and cost principles that apply to DHS award recipients originate from: Page 7 of 22 2 C.F.R. Part 200, Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards, as adopted by DHS at 2 C.F.R. Part 3002. 11. Acknowledgement 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 https://eservices.fema.govtFemaFireGrantlfiregrantljsplfire_admin/awards/spec/view away... 7/31/2017 Award Package Page 8 of 22 documents describing projects_ or programs funded in whole or in part with Federal funds. III. 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. IV. A e Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et sea.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. V. Americans with Disabilities Act of 9990 All recipients must comply with the requirements of Titles I, II, and Ill 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. M 12101-12213). VI. Best Practices for Collection and Use of Personally Identifiable Information PII All recipients who collect Pll are required to have a publicaliy-available privacy policy that describes what PH they collect, how they use the PII, whether they share PI1 with third parties, and how individuals may have their PI corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privac Guidance and Privacy template respectively. VI I. Title VI of the Civil Rights Act of 196A All recipients must comply with the requirements of Title V1 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d etseq.), 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. Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C,F.R. Part 7. VIII. 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 -Le., 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). IX. Copyright https://eservices,fema.gov/FemaFireGrant/firegrant/jsp/fire admin/awards/spec/view awar... 7/31/2017 Award Package Page 9 of 22 All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). X. Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. XI. Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 of sect.), which requires that 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 fart 3001. XII. Duplication of Benefits Any cost allocable to a particular Federal award provided for in 2 C.F.R. Fart 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 the non -Federal entity 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 awards. XIII. Energy_ Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.0 .4 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. XIV. Reporting Subawards and Executive Compensation a., Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e, of this award term). 2. Where and when to report. L You must report each obligating action described in paragraph a.1, of this award term to http.-Ilwww.fsrs.gov. https:lleservices.fema.gov/FemaFireGrantlfire&antljsplfire_adn,Wawardslspeclview awar... 7/31/2017 Award Package Page 10 of 22 ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at httpalwww.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if - 1. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received - (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170,320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http:llwww. sec.go vlanswerslexecomp. htm.) 2. Where and when to report. You must report- executive total compensation described in paragraph b.1. of this award term: L As part of your registration profile at htt s.//www.sam. ov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this https://eservices.fema.gov/FemaFireGranYfiregrant/j sp/firms admin/awards/spec/view away... 7/31/2017 Award Package Page 11 of 22 award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if - 1. in the subrecipient's preceding fiscal year, the subrecipient received - (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports fled under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to thef compensation information, see the U.S. Security and Exchange Commission total compensation filings at hifpJ/www. sec. govlanswerslexecomp. hfm. ) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. H. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (Le., between October 1 and 31), you must report any required compensation information of the subrecipient by November'30 of that year. d.. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and fl. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term„ 1. Entity means all of the following, as defined in 2 CFR part 25: https-Heservices.fema.gov/FemaFireGrantlfiregrantljsp/fire_adminlawardslspeelview awar.,. 7/31/2017 L Award Package Page 12 of 22 i. A Governmental organization, which is a State, local government; or Indian tribe; ii. A foreign public entity; ill. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization, v. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward. i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. H. The term does not include your procurement of property and services needed to carry out the project or program_ (for further explanation, see Sec. —.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. https:lleservices.fema.gov/PemaFireGrantlfiregrantljsplfireuadrnWawards/spec/'view awar... 7/31/2017 Award Package Page 13 of 22 iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial. pension plans. v. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $'10,000. XV. False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. §3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. XVI. 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 CircularA-129 and form Si= -42413, item number 17 for additional information and guidance. XVI I. 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 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.. XVIII. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 9990, 15 U.S.C. V225a, 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 Feddral Fire Prevention and Control Act of 9974, as amended, 15 U.S.C. §2225. XIX. ' Limited English Proficient Civil Ri hts Act of 9964 Title V! All recipients must comply with the Title V1 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. Providing meaningful access for persons with LEP https://ese:rvices.Tema.gov/FemaFireGrantlfiregrandjsplfire—admin/awards/spec/view away... 7/31/2017 Award Package Page 14 of 22 may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance htt s://www.dhs. ov/ uidance- ublished-hel -de artment-su orted-or anizations- rovide-meanie ful-access- eo le - limited and additional resources on hf6://www.lep.aov. XX. lobbying Prohibitions All recipients must comply with 31 U.S.C. 41352, 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. XXI. 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. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. XXII. 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 are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401.14. XXII I. 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 (EPA) at 40 C.F.R. Part 247 that contain the https:lleservices.fema.govIFemaFireGrantlfiregranttjsplfire_adminlawardslspeclview awar... 7/31/2017 Award Package Page 15 of 22 highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. XXIV. Contract Provisions for Non-federal Enfity Contracts under Federal Awards a.Contracts for more than the simplified ac uisition threshold set at $150,000. All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council as authorized by 41 U.S.C. §1998, must address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. b.Contracts in excess of $10,000. All recipients that have contracts exceeding $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be effected and the basis for settlement. XXV. 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. XXVI. Terrorist Financing-E.O. 13224 All recipients must comply with U.S. Executive Order 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 E.O.. and laws. XXVII. Title IX of the Education Amendments of 1972 E ual Opportunit..Vjn Education Act) All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seg.), which provides 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 https:lleser-vices.fema.govIFemaFireGrantlfiregrantljsplfire adminlawardslst)eelview- awar... 7/31/2017 Award package Page 16 of 22 subjected to discrimination under any educational program or activity receiving Federal financial assistance. Implementing regulations are codified at 6 C.F.R. Part 17 and 44 C_F.R. Part 19 XXVI11. Trafficklr g 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 (TVPA) of 2000, as amended (22 U.S.C. 7104. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of the award term is located at 2 CFR § 175.15. XXIX. Rehabilitation Act of 1973 All recipients of 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. These requirements pertain to the provision of benefits or services as well as to employment. XXX. USA Patriot Act of 2001 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. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. XXXI. Use of DHS Seal, Logo and Flags All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seat, logo, crests or reproductions of flags or likenesses of Coast Guard officials. XXXII. Whistleblower Protection Act 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. 4 2324, 41_U S.G. §4 4304 and 4310. XXXIII. DHS Specific Acknowledgements and Assurances All recipients must acknowledge and agree -and require.any sub - recipients, contractors, successors, transferees, and assignees https://eservices.fema.govIFemaFireGrantlfiregraiitljsplfire_admin/awards/spec/view awar... 7/31/2017 Award Package acknowledge and agree -to comply with applicable provisions governing DNS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation.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 grant 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 awarding office and the DHS Office of Civil Rights and Civil Liberties. 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 Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. XXXIV. System of Award Management and Universal Identifier Requirements A. Requirement for System of Award Management Unless exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. Page 17 of 22 https:lleservices.fema.gov/FemaFireGTant/firegrantijsplfire_admizilawards/speclview awar... 7/31/2017 Award Package B. Requirement for unique entity identifier If authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to you. C. Definitions For purposes of this award term: 1. System of Award Management(SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at http.1Avwwsam.govi. 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as itis used in this award term, means all of the following, as is at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4. Subaward. a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.330). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. Page 18 of 22 https:l/eservices.fema.gov/FemaFixeGrant/firegrant/jsp/fire adHfVawards/spec/view away... 7/31/2017 Award Package 5. 5ubrecipient means an entity that: a. Receives a subaward from you under this award, and b. Is accountable to you for the use of the Federal funds provided by the subaward. XXXV. Animal Welfare Act of 9966 All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. §2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. XXXVI. Protection of Human Subjects All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46, which requires that recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research forpurposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B), prisoners (Subpart C), and children (Subpart D)_ The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. XXXVII. Incorporation by Reference of Notice of Funding Opportunity The Notice of Funding Opportunity for this program is hereby incorporated into your award agreement by reference. By accepting this award, the recipient agrees that all allocations and use of funds under this grant will be in accordance with the requirements contained in the Notice of Funding Opportunity. XXXVI 11. Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, .including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification- has been made, any subsequent request for funds will indicate recipient acceptance of Page 19 of 22 https:lleservices.fema-govIFemdFireGranllfiregrantljsp/fire adrainlawardslspee/view awar... 7/31/2017 Award Package Page 20 of 22 the changes to the award. If you have questions about these procedures, please contact the AFG Help Desk at 1-866-274-0960, or send an email to fire rants dhs. ov. XXXIX. Prior Approval for Modification of Approved Bud et Before making any change to the DHS/FEMA approved budget for this award, you must request prior.written approval from DHS/FEMA where required by 2 C.F.R. § 200.308. For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. XL. Disposition of E ui ment Acquired Under the Federal Award When original or replacement equipment acquired under this award - by the recipient or its sub -recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. XLI. Environmental Planning and Historic Preservation Screening SAFER -funded activities that involve the installation of equipment (such as permanently mounted LED/electronic signs) not specifically excluded from a FEMA Environmental and Historic Preservation (EHP) Review per the Grant Programs Directorate (GPD) Programmatic Environmental Assessment (PEA); ground -disturbing activities; or modification/renovation of existing buildings or structures must undergo a FEMA EHP Review. FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by FEMA grant.funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMNs Environmental and Historic Preservation (EHP) screening form and instructions go to our Department of Homeland Security/Federal Emergency Management Agency - website at: hftps://www.fema.-govliibrary/viewRecord-do?id=6906 In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. https:lloservices.Tema.gov/FemaFireGrantlfiregrant/jsplfire_adtninlawards/spec/view awar... 7/31/2017 Award Package Page 22 Of 22 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARDIAMENDMENT 1. AGREEMENT NO. 2. AMENDMENT 3. RECIPIENT NO, 4. TYPE OF 5. CONTROL NO. EMW-2016-FH-00387 NO. 54-6001572 ACTION Wx02696N2017T 0 AWARD 6. RECIPIENT NAME AND 7. ISSUING OFFICE AND ADDRESS B. PAYMENT OFFICE AND ADDRESS ADDRESS Grant Programs Directorate FEMA, Financial Services Branch Roanoke County Fire and 500 C Street, S.W. 500 C Street, S.W., Room 723 Rescue Washington DC, 20472 Washington DC, 20472 5925 Cove Road POC: Andrea Gordon 202-786-9462 Roanoke Virginia, 24019-2403 9. NAME OF RECIPIENT PHONE NO. 10, NAME OF PROJECT COORDINATOR PHONE NO. PROJECT OFFICER 5407778730 Catherine Patterson 1-866-274-0960 Wina Green 11. EFFECTIVE. DATE OF 12. METHOD 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION OF PAYMENT Cost Sharing From:24-JAN-18 To:23-JAN-21 24 -JAN -18 SF -270 Budget Perlod From:02-MAY-17 To:30-SEP-17' 15. DESCRIPTION OF ACTION a. (Indicate funding data For awards or financial changes) PROGRAM CFDA NO, ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NAME (ACCS CODE) TOTAL' AWARDED THIS TOTAL ACRONYM xxxx-XXX-XxxxxX- AWARD ACTION AWARD NON- XXxxx-xXxx-xXxx-x + OR (-) FEDERAL COMMITMENT SAFER 97.083 2017 -F6 -C211 -P4310000- $0,00 $1,084,206,00 $1,084,206.00 $673,968.00 4101-D TOTALS $0.00 $1,084,206,00 $1,084,206.00 $673,968.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. NIA 16a, FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) SAFER recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference In program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE NIA NIA 18, FEMA SIGNATORY OFFICIAL (Name and Title) DATE Marie Rosalie Isabel Vega 20 -JUN -17 https;lleservices,Tema.gov/FemaFireGranilfiregrant/jsp/fire admin/awards/spec/view awar... 7/31/2017 Thomas C. Gates Roanoke Countv Administrator County ` Mem© To: Roanoke County Board of Supervisors From: Thomas C. Gates, County Administra or Date: August 23, 2017 Subject: Staffing for Adequate Fire and Emergency Response (SAFER) Grant for the County of Roanoke Department of Fire and Rescue At the September 12, 2017 Board of Supervisors meeting, County staff will request the Board's approval of an ordinance to appropriate federal grant funding awarded to the County's Fire and Rescue Department in the form of a Staffing for Adequate Fire and Emergency Response (SAFER) grant awarded by the Department of Homeland Security. The grant award will provide financial assistance over three years for eleven new positions in the Fire and Rescue Department. SAFER Grant Background In February 2017, Fire and Rescue staff submitted an application to the Department of Homeland Security to be considered for a SAFER grant. The grant application requested grant support for eleven firefighter positions. The parameters of the grant would provide substantial funding over three years to support the new positions. The timeline for grant award notification was summer 2017, after Board of Supervisors approval of the fiscal year 2017-2018 Operating Budget. As part of the approved fiscal year 2017-2018 Operating Budget, the Board of Supervisors approved net new funding in the amount of $180,449 for four new firefighter positions, making incremental progress towards meeting minimum Fire and Rescue Department staffing levels. During the budget development process, staff informed the Board of Supervisors of the grant application process. If the grant were to be awarded, the approved new County funding (along with overtime savings) combined with the grant award would be sufficient to support the hiring of eleven firefighters during fiscal year 2017-2018, allowing the Fire and Rescue Department to achieve current minimum staffing levels. On July 28, 2017, the Fire and Rescue Department was notified that they had been selected as a recipient of a three-year SAFER grant to provide financial support for the hiring of eleven new firefighter positions. SAFER Grant funds can only be utilized to hire additional staff, not offset costs associated with existing staff. The eleven new positions will bring the Fire and Rescue Departments to current minimum staffing levels as detailed to the Board of Supervisors in the fiscal year 2017-2018 budget development process. Multi -Year Fiscal Impact of New Positions Attachment A provides details on the multi-year fiscal impact of the grant. The maximum total grant award over three years (beginning with the hiring of new staff in November 2017) is $1,084,206. The multi-year fiscal analysis shows the impact of hiring eleven firefighter/EMT positions including all salary and benefits, scheduled overtime, and additional non -personnel operating costs. Additionally, the Fire and Rescue Department expects to realize overtime savings by achieving current minimum staffing levels, which is also factored into the calculations. Including the $180,449 already approved for new positions in the fiscal year 2017-2018 Operating Budget, along with the combination of grant proceeds and overtime savings, it is projected that the County can add these new positions without additional County proceeds until fiscal year 2020-2021 as detailed on Attachment A. After three years, the County is not obligated to keep the new positions, though elimination of the positions would impact maintaining current minimum staffing levels. Projections provided on Attachment A are related to the new positions only and do not account for potential increased service delivery demands and volunteer staffing level decreases that could impact the budget in future fiscal years. Next Steps At the September 12, 2017 Board of Supervisors meeting, staff will present to the Board of Supervisors an ordinance to appropriate the $1,084,206 in SAFER grant funding and add seven additional positions to the County's Classification and Pay Plan. These seven positions along with the four new Fire and Rescue positions included in the fiscal year 2017-2018 budget (but not yet filled) will account for the eleven new positions supported by the SAFER grant. As always, I am pleased to answer any questions. Attachment A: SAFER Grant Projected Five -Year Fiscal Impact cc: Dan O'Donnell, Assistant County Administrator Richard Caywood, Assistant County Administrator Rebecca Owens, Director of Finance Steve Simon, Chief of Fire and Rescue Chris Bever, Director, Office of Management and Budget m n r. m O n N m i i m N O P% N N m .-1 rn 19t; o O N M m N rl d N P~ N O N t/} In -Vl- An qn 'L? m m m O o r•1 rl m r-+ Ln M o W IN o N Lrof M M 4"fl N cl' O d' 401 p d N to O N LL V} in V} V} -In V)L m et O m O q* O m �i m rr O In N O M 4T r` N N � r: [.D ri N M e•1 N —q 00 't Ln cn C1 -I lD ei N In lf� In N Ln rl O O 00 M r� N r•1 O O O O oc ri M r• r-! -1 N Q ;T -q N M N 00 W O N LLL V} in V). Vi Vt• VIL In O, M O o 471 .-! 4.D o0 rn O O 00 p 00 d' cl 00 Ln rr N cr o0 r- o0 00 til N O N M Ln 0 z 41 1A V] V} VF l!i Vt iH w -1.9')- vii i/1• i/ cj 15 O Q1 6) C t f) c; a* Ln fm V w 006 R M M s-1 T-1 1_a! fr) I^. 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U Ct) o)C T n LL G p vI ' m L � u c o 4 - -n _ �+ a C 0 °"-tea =a u $ i 0 Q M O z z ,O .y L m a1 N �- v C O U O T O vI �r m 3 4 - -n C Ln C O 0 Q O O L a 0 � 'N � � !Z 7 Ln ��-I al Z l� DO c C Er U O a q Q) L 1 -L4 ft7 L cn C Ln v v O a4 W ) Q `� o 0 a v ra CLm m u M C ro N LU _ > °J � L ro v o 3 L p_A Cl) OD41 Q E C +LD m a0 C N O q) .c m N C 'LS O C -4 +�-+ L N L N N 43-. O N v Q d a) ro 4- 0 O es tw O In u V7 V v O m C D V) E C CO Q) � v C "O W N N 3 O 0 N In — 3 v, (U Q) -P OV O -p C u r1 Na) c -I m L 3 w m N U- o, aj 3 a) c- Ln E N -0 E C9 T `a _ C T CAO v t0 Q7 C C O Q O N L= Ii O O LL00 n 0 GO O D 1 M `�° c E u, '� z 4- o v OL a 3 a v > a +, C j LA u M M �o -p o �� 'O E ML ro U co v J 3 .c 0 O N f0 E .X w E n C O NCLrl O f6 �' > >— _o +� L r I �.{ NE O E O 'vs r4 m ri 0 oN m in o °a o o >- C mr! >- t, +' u LL O a 41 r-! 4 4 so O. 0 U , N N C U U o bA v VI L O N t••1 L Qi o_ U,''LR� + 1 O O Q 41 o rn is t v co O In ; N v V,z 41 O 4-1 L 7 a C O O b m W L O > LL L -- VI mE to tri c Q O N wv a > C M V} 'f7 C U Z3 C O C\ O m til " O m }J L v LPI Z L E ro E c 4n tia > r` 4 , v ra C p o a m v In > e +a E �`", o L m v ++ O C C > L a-+ Q > ++ I? aDw .0v L L (D > 0 0 -C Q � v 4 C7 o L? -0 � w AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 12, 2017 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,084,206 FROM THE DEPARTMENT OF HOMELAND SECURITY (DHS) STAFFING FOR ADEQUATE FIRE AND EMERGENCY REPSONSE (SAFER) GRANT WHEREAS, the County of Roanoke Fire and Rescue Department applied for a Department of Homeland Security (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) program grant in February 2017; and WHEREAS, on July 28, 2017, the County's Fire and Rescue Department received notification that is was selected as a recipient of a SAFER grant; and and WHEREAS, the SAFER grant award totals $1,084,206 over a period of three years; WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance before they are expended; and WHEREAS, first reading of this ordinance was held on September 12, 2017, and the second reading was held on September 26, 2017. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. That the sum of $1,084,206 is hereby appropriated from grant proceeds from the Department of Homeland Security (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) program. 2. A total of seven (7) new firefighter positions will be added to the County of Roanoke Classification and Pay Plan. 3. That this ordinance shall take effect from and after the date of adoption. Page 1 of 1 ACTION NO. ITEM NO. G.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: September 12, 2017 Ordinance of the Board of Supervisors of the County of Roanoke, Virginia approving the lease financing of various capital projects for the County and authorizing the leasing of certain County -owned property, the execution and delivery of a prime lease and a local lease acquisition agreement and financing lease, and other related actions SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: Thomas C. Gates County Administrator ISSUE: Consideration of an ordinance to authorize the issuance of Lease Revenue Bonds to finance various County capital projects as detailed in the approved fiscal year 2018- 2027 Capital Improvement Program (CIP). BACKGROUND: The proposed ordinance authorizes the issuance of up to $7,500,000 million in Lease Revenue bonds for the fiscal year 2017-2018 capital projects. The Lease Revenue bonds will provide funding for planned County projects including Explore Park ($4,400,000), Public Safety Radios ($1,675,000), and the Public Service Center ($1,000,000). Full project descriptions as detailed in the approved fiscal year 2018-2027 Capital Improvement Program are included as Attachment A. DISCUSSION: The proposed structure of the bond is a Lease Revenue Bond through Virginia Resources Authority (VRA) in the amount of up to $7,500,000 million of bonds, a true interest cost not to exceed five percent (5%), and term to maturity not to exceed twenty years for Explore Park and the Public Service Center and ten years for the Public Safety Page 1 of 3 Radios. This is an estimate of the maximum borrowing authority that the County may need. The amount of the bonds the County issues will depend on interest rate conditions in the marketplace at the time of the bond sale. As a condition of the issuance and purchase of the Bonds, Virginia Resources Authority (VRA) requires the County of Roanoke provide collateral acceptable with a loan to value not exceeding 75%. Roanoke County's Vinton Library Branch at 300 S. Pollard St., Vinton, VA meets the essential facility test and provides the collateral required by VRA. Board approval of the attached Ordinance authorizes the execution of all documents associated with the financing of this project including: 1. Prime Lease between County and VRA 2. Local Lease Acquisition Agreement between the VRA and the County 3. Financing Lease Agreement with VRA 4. Other related documents FISCAL IMPACT: The fiscal year 2017-2018 estimated capital project costs associated with the three projects included in this proposed bond issuance total $9,100,000. County cash sources provide $2,025,000 of project funding with proposed bond funding providing for the remaining $7,075,000. Funding for the projects was included in the fiscal year 2018- 2027 Capital Improvement Program and appropriated by the Board of Supervisors through Budget Ordinance 052317-6, the County's fiscal year 2017-2018 Capital Budget. Principal and interest payments will begin in fiscal year 2018-2019. The County will capitalize interest for any payments due until July 1, 2018. Debt service on the proposed bond amount is projected to be approximately $710,000; however this will be dependent on market conditions at the time of sale and final amortization scheduled provided by VRA. The County's obligation to make payments to VRA under the Financing Lease is subject to annual appropriations by the Board, and does not constitute a pledge of the full faith and credit or taxing power of the County. The County's debt policies established parameters for issuing debt and managing outstanding debt. The County does not have any Constitutional or Statutory Debt Limits. The County does abide by Board of Supervisors -imposed debt limits. The proposed bond issue in the amount not to exceed of approximately $7,500,000 million will allow the County to stay well within its limits of the County debt policy approved by the Board. Page 2 of 3 Calculations regarding County debt policies, projected outstanding debt, and projected debt service are part of the approved fiscal year 2018-2027 Capital Improvement Program document, and included as Attachment B for reference. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and scheduling the second reading for September 26, 2017. Page 3 of 3 U • N 0 OC) cz M Ln N cz ¢ rl.� O n O% cd rq E a� rq • 0 va U O 3 E Q" co CL _ a R E > �, uo O� v 0 v C> 0• 0 > w uo E E+� cC 's E- Oco 0 +� r-, C C) U O 00 'S . w O -� 4-J WD O ccz N U N p. U E Np UO ... 4- U .. � a a- + — • � 3 E ccz ccz O U ... a a-�-+ U N O s. '� O CZ rq cz • a� O CZ w N o' O s. U E .V 'd `� U O N •� N • a d U E . 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Lr N O C� a--+ C� fA ffl ) O O Lo N N CL) N O � tfr f» � • Ste" N CV .' . •--� N En ti r -I (1) co ff} ffl O D O GW_ p N a 0 N rI-I O ff} ffl W N •� N 0 W a-+ O N C\l ti C) O •� Q v 11, N ON n N CV m�, a 00� ., v v o CL) CA ��� N C- CL) U N O c I O o N U .V N N ,� cd Z U p ICI » cd U � Q O�N 0 o 0 o 0 0 c o o o o } N =`1 N 1O suol it Ul o W 4J U NCL) .� CL) CL) i CL) CL Wa AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 12, 2017 ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA APPROVING THE LEASE FINANCING OF VARIOUS CAPITAL PROJECTS FOR THE COUNTY AND AUTHORIZING THE LEASING OF CERTAIN COUNTY -OWNED PROPERTY, THE EXECUTION AND DELIVERY OF A PRIME LEASE AND A LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE, AND OTHER RELATED ACTIONS WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County"), intends to finance all or a portion of the costs (or to reimburse the County for payment of such costs) of various capital improvements, including the acquisition, construction and equipping of public safety radios, a public park and a public service center, including capitalized interest for all or a portion of the construction period (collectively, the "Projects"); WHEREAS, the Board has determined that it is in the best interest of the County to enter into a lease arrangement in order to obtain funds to finance the Projects; WHEREAS, the Board is authorized, pursuant to Section 15.2-1800 of the Code of Virginia of 1950, as amended, to lease any improved or unimproved real estate held by the County; WHEREAS, the first reading of this ordinance was held on September 12, 2017 and the second reading was held on September 26, 2017; WHEREAS, Virginia Resources Authority ("VRA") intends to issue its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2017C (the "VRA Bonds"), and to provide a portion of the proceeds to Page 1 of 8 the County to finance the Projects pursuant to the terms of a Local Lease Acquisition Agreement and Financing Lease (the "Financing Lease"), between the County and VRA; WHEREAS, the County will enter into a Prime Lease (the "Prime Lease") with VRA whereby the County will lease certain real estate, which may include the Vinton Library (the "Real Estate") and the associated improvements and property located thereon (the "Improvements") to VRA; WHEREAS, the County will enter into the Financing Lease with VRA pursuant to which VRA will lease the Real Estate and the Improvements back to the County and the County will make rental payments corresponding in amount and timing to the debt service on the portion of the VRA Bonds issued to finance the Projects (the "Rental Payments"); WHEREAS, pursuant to the Financing Lease the County will undertake and complete the Projects; WHEREAS, the County intends to pay the Rental Payments out of appropriations from the County's General Fund; WHEREAS, the Financing Lease shall indicate that approximately $7,075,000 plus any amount requested for capitalized interest (or such other amount as requested by the County and approved by VRA prior to the pricing of the VRA Bonds) is the amount of proceeds requested (the "Proceeds Requested") from VRA; WHEREAS, VRA's objective is to pay the County an amount which, in VRA's judgment, reflects the market value of the Rental Payments under the Financing Lease (the "VRA Purchase Price Objective"), taking consideration of such factors as the purchase price to be received by VRA for the VRA Bonds, the issuance costs of the VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA Page 2 of 8 (collectively, the "VRA Costs")) and other market conditions relating to the sale of the VRA Bonds; WHEREAS, such factors may result in the County receiving an amount other than the par amount of the aggregate principal components of the Rental Payments under the Financing Lease and consequently (i) the aggregate principal components of the Rental Payments under the Financing Lease may be greater than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized aggregate principal components of the Rental Payments under the Financing Lease set forth in paragraph 4 of this Ordinance does not exceed the Proceeds Requested by at least the amount of the VRA Costs and any original issue discount, the amount to be paid to the County, given the VRA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; WHEREAS, the Prime Lease and the Financing Lease are referred to herein as the "Documents." Copies of the Documents are on file with the County Administrator. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Approval of Lease -Leaseback Arrangement. The lease -leaseback arrangement with VRA to accomplish the financing of the Projects is hereby approved. The County Administrator is authorized to determine the Real Estate and Improvements, as may be required by VRA, to be subject to the lease -leaseback arrangement. 2. Approval of Prime Lease. The leasing of the Real Estate and the Improvements by the County, as lessor, to VRA, as lessee, pursuant to the terms of the Prime Lease is hereby approved. Page 3 of 8 3. Approval of the Financing Lease. The leasing of the Real Estate and the Improvements by VRA, as lessor, to the County, as lessee, pursuant to the terms of the Financing Lease is hereby approved. 4. Approval of the Terms of the Rental Payments. The Rental Payments set forth in the Financing Lease shall be composed of principal and interest components reflecting an original aggregate principal amount not to exceed $7,500,000, a true interest cost not to exceed 5.00% per annum (taking into account any original issue discount or premium) and a term not exceeding 20 years from the date of the closing of the VRA Bonds. It is determined to be in the best interest of the County to accept the offer of VRA to enter into the Financing Lease with the County for an amount determined by VRA to be fair, subject to the conditions set forth in this Ordinance, which Financing Lease shall be executed by the Chairman of the Board (the "Chairman") and the County Administrator, or either of them. Given the VRA Purchase Price Objective and market conditions, it may become necessary to enter into the Financing Lease with aggregate principal components of the Rental Payments greater than the Proceeds Requested. If the limitation on the maximum aggregate principal components of Rental Payments on the Financing Lease set forth in this paragraph 4 restricts VRA's ability to generate the Proceeds Requested, taking into account the VRA Costs, the VRA Purchase Price Objective and market conditions, the County Administrator is authorized to accept a purchase price for the Bond at an amount less than the Proceeds Requested. The Financing Lease, in substantially the form presented to this meeting, is hereby approved, with such completions, omissions, insertions and changes not inconsistent with Page 4 of 8 this Ordinance as may be approved by the Chairman or the County Administrator. The Chairman and the County Administrator, either of whom may act are hereby authorized and directed to enter into the Financing Lease. The actions of the Chairman and the County Administrator in accepting the final terms of the Rental Payments shall be conclusive, and no further action shall be necessary on the part of the Board. 5. Other Payments under Financing Lease. The County agrees to pay all amounts required by the Financing Lease, including any amounts required by Section 5.1(b) of the Financing Lease, including the "Supplemental Interest," as provided in such section. 6. Execution and Recordation of Documents. The Chairman and the County Administrator, either of whom may act, are authorized and directed to execute the Documents and deliver them to the other parties thereto. The Chairman and the County Administrator, either of whom may act, are further authorized to cause the Documents, to be recorded in the Clerk's Office of the Circuit Court of Roanoke County. 7. Form of Documents. The Documents shall be in substantially the forms on file with the County Administrator, which are hereby approved with such completions, omissions, insertions and changes as may be approved by the Chairman and the County Administrator, either of whom may act, with the execution and delivery of the Documents by the Chairman and/or the County Administrator constituting conclusive evidence of the approval of any such completions, omissions, insertions, and changes. Page 5 of 8 8. Essentiality of the Projects and Real Estate. The Projects, the Real Estate and the Improvements are hereby declared to be essential to the efficient operation of the County, and the County anticipates that the Projects, the Real Estate and the Improvements will continue to be essential to the operation of the County during the term of the Financing Lease. 9. Annual Budget. While recognizing that it is not empowered to make any binding commitment to make Rental Payments and any other payments required under the Financing Lease beyond the current fiscal year, the Board hereby states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boards do likewise during the term of the Financing Lease. The Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to include in the budget request for each fiscal year during the term of the Financing Lease an amount sufficient to pay the Rental Payments and all other payments coming due under the Financing Lease during such fiscal year. If at any time during any fiscal year of the County throughout the term of the Financing Lease, the amount appropriated in the County's annual budget in any such fiscal year is insufficient to pay when due the Rental Payments and any other payments required under the Financing Lease, the Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to submit to the Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. Page 6 of 8 10. Rental Payments Subject to Appropriation. The County's obligation to make the Rental Payments and all other payments pursuant to the Financing Lease is hereby specifically stated to be subject to annual appropriation therefor by the Board, and nothing in this Ordinance or the Documents shall constitute a pledge of the full faith and credit nor taxing power of the County or compel the Board to make any such appropriation. 11. Disclosure Documents. The County authorizes and consents to the inclusion of information with respect to the County to be contained in VRA's Preliminary Official Statement and VRA's Official Statement in final form, both to be prepared in connection with the sale of the VRA Bonds. If appropriate, such disclosure documents shall be distributed in such manner and at such times as VRA shall determine. The County Administrator is authorized and directed to take whatever actions are necessary and/or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2-12. 12. Tax Documents. The County Administrator and the Director of Finance, either of whom may act, is authorized to execute a Nonarbitrage Certificate and Tax Compliance Agreement and/or any related document (the "Tax Documents") setting forth the expected use and investment of the proceeds of the VRA Bonds to be received pursuant to the Documents and containing such covenants as may be necessary in order for the County and/or VRA to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code"), with respect to the VRA Bonds and the Documents including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds." The County covenants that the proceeds of the VRA Bonds Page 7 of 8 to be received pursuant to the Documents will be invested and expended as set forth in the Tax Documents, to be delivered simultaneously with the issuance and delivery of the Financing Lease and that the County shall comply with the other covenants and representations contained therein. 13. Other Actions. All other actions of the officers of the County in conformity with the purpose and intent of this Ordinance are hereby approved and confirmed. The officers of the County are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the execution and delivery of the Documents. 14. SNAP Investment Authorization. The County has heretofore received and reviewed the Information Statement (the "Information Statement") describing the State Non -Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non -Arbitrage Program Pool I (the "Contract"), and the County has determined to authorize the Director of Finance to utilize SNAP in connection with the investment of the proceeds of the lease -leaseback transaction if the Director of Finance determines that the utilization of SNAP is in the best interest of the County. The Board acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the contract creating the investment program pool. 15. Effective Date. This Ordinance shall take effect immediately. Page 8 of 8 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: September 12, 2017 Ordinance authorizing the granting of a new public drainage easement by Charles S. Kroll and Annette W. Kroll to the Board of Supervisors of Roanoke County tax map no. 087.05-04-16.00 for the purpose of facilitating storm water management, Cave Spring Magisterial District Tarek Moneir Deputy Director of Development Thomas C. Gates County Administrator An ordinance granting a new public drainage easement by Charles S. Kroll and Annette W. Kroll BACKGROUND: Charles S. Kroll and Annette W. Kroll are granting a new variable width, containing 187 sq. ft. public drainage easement located on Tax Map No. 087.05-04-16.00 shown upon the Plat entitled "Plat Showing new variable width Drainage Easement located on Lot 6, Block 1 Belle Meade, P.B. 3, PG. 286 D.B. 1658 PG. 1739." The easement is needed to replace an existing inadequate storm sewer system, and is part of a revenue sharing project with the Virginia Department of Transportation administered by Community Development. The location of the easement is more particularly described on the Plat which is attached hereto as "Exhibit A". DISCUSSION: Once this stormwater easement is accepted by Roanoke County, the continued maintenance will be the responsibility of Roanoke County. The Department of Community Development is in concurrence with this request. Page 1 of 2 There have been no changes since the first reading on August 22, 2017. FISCAL IMPACT: There is no fiscal impact associated with the agenda item. The County currently maintains the existing stormwater easement. This expansion of the easement will not impact maintenance costs. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. Page 2 of 2 TAX. #087.05-04-10.00 FAX. #087.05-04-05.00 Ex. VARIABLE MDTH P.U.E. S.87'12'004E. , 10403'•----> _ Y Lu I EXIST. 10' WIDE DRAINAGE 5 Tj EASEMENT TAX #087.05-04-15.00Li PROPERTY OF TAX x!087.05-44-17.00 ID LOT 5, BLOCK 1 p CHARLES S. KROLL I � LOT 7, BLOCK 1 BELLE MEADE Q & ANNETTE W. KRCLL l o BELLE MEADE z TAX #087.05-04--16.00 I ° LOT 6, BLOCK 1 i BELLE MEADE, F.B. 3, PG. 286 I n D.B. 1658, PC. 1739 I I I NEW VARIABLE. 1T.0' i E I WIDTH ORA INA GE 221' I EASEMEN7- [ (187 SF.) _ N.8834'00"W. , 100.00' y v BELLE MEADE DRIVE VA SEC. RTE. 1633 — 50' R.O.W. NOTES: 1. REFERENCE. BELLE MEADE, RECORDED IN P.B. 3, Pg_ 286 2. THIS PLAT IS BASED ON A CURRENT FIELD SURVEY. 3. THE SUBJECT PROPERTY LIES WITHIN ZONE "X" AS SHOWN ON THE FEMA FLOOD INSURANCE RATE MAP PANEL NO. 5116100232 G, DATED SEPT 28, 2007. 'T11 0p EASEMENT PLAT 6x1J' &r FOR u ri " a � A 1.rol 14 SHOWING NEW PUBLIC STORM DRAIN 'EASEMENT SITUATE 3815 BELLE MEADE DRIVE LOT 6, BLOCK 1 BELLE MEADE, P.B. 3, PG. 286 COUNTY OF ROANOKE, VA. WA CALD ELL 'SHITE A_S S o C IATE S ... Fxc-y- r± RS f ,sTT-RyEy.ORS ! PT=ANNFRS 4205 MELROSE. AVENUE, NW F.O. Box 6260 ROANOKE, VIRGTNTA 24017 (540) 356-3400 RAX! (540) 866-6702 FRANK B. CALDWELL,III LIC. NO. 1335 19 App 0 DATE: 04/19/16 CALC: J,V:J. W.D.: 16-0012 DRAWN: J.V.j. N.B.: RkeCo #3 CLOSED: J.V.J. SCALE: 1"= 40' CHECKED: F.B.C. EASEMENT PLAT 6x1J' &r FOR u ri " a � A 1.rol 14 SHOWING NEW PUBLIC STORM DRAIN 'EASEMENT SITUATE 3815 BELLE MEADE DRIVE LOT 6, BLOCK 1 BELLE MEADE, P.B. 3, PG. 286 COUNTY OF ROANOKE, VA. WA CALD ELL 'SHITE A_S S o C IATE S ... Fxc-y- r± RS f ,sTT-RyEy.ORS ! PT=ANNFRS 4205 MELROSE. AVENUE, NW F.O. Box 6260 ROANOKE, VIRGTNTA 24017 (540) 356-3400 RAX! (540) 866-6702 Exemption claimed: Roanoke County is exempted from recordation taxes and fees pursuant to Section 17.1-266, Code of Virginia Prepared by: County Attorney's Office Tax Map No. 087.05-04-16.00-0000: THIS DEED OF EASEMENT made this day of 2017, by and between Charles S. Kroll and Annette W. Kroll, Grantors, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with the execution and delivery of this Deed, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY unto the Grantee, its successors and assigns, the following described new variable width storm drainage real estate easement: A perpetual RIGHT of EASEMENT, of variable width, containing 187 square feet, to construct, install, improve, operate, inspect, use, maintain, monitor, and repair or replace a variable -width DRAINAGE EASEMENT, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to Grantor, shown upon the Plat entitled "Easement Plat Showing New Public Storm Drain Easement situate 3815 Belle Meade Drive, Lot 6, Block 1" dated 19 April 2016 and prepared by Caldwell White Associates, P.C., said parcel designated on the Roanoke County Land Records as Tax Map Number 087.05-04-16.00. The location of said easement is more particularly described on the Plat attached hereto as "Exhibit A" and by reference incorporated herein. The "Variable -Width Drainage Easement" containing 187 square feet being for the installation and maintenance of a new drainage easement and to allow for necessary grading Page 1 of 4 and storage during any phase of construction, reconstruction, repair or replacements of the improvements to the drainage system, the location of which is set forth on the Plat (Exhibit A). The Grantee agrees to restore and repair any actual damage to Grantor's property that may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents have the right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect Grantor's property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the easement by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. Page 2 of 4 The Grantor covenants and agrees for itself, and for its successors and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement area. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. Thomas C. Gates, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by said Board of Supervisors of the interest in the real estate conveyed herein pursuant to Ordinance No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 2017. Approved as to form: Mary Beth Nash Senior Assistant County Attorney Page 3 of 4 WITNESS the following signatures and seals: CHARLES S. KROLL (SEAL) ANNETTE W. KROLL (SEAL) Commonwealth of Virginia County/City of Roanoke, to -wit: The foregoing instrument was acknowledged before me this day of , 2017, by Charles S. Kroll and Annette W. Kroll, Grantors. Notary Public My commission expires: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA go Commonwealth of Virginia County of Roanoke, to -wit: Thomas C. Gates, County Administrator (SEAL) The foregoing instrument was acknowledged before me this _ day of , 2017, by Thomas C. Gates, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Grantee. Notary Public My commission expires: Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 12, 2017 ORDINANCE AUTHORIZING THE GRANTING OF A NEW PUBLIC DRAINAGE EASEMENT BY CHARLES S. AND ANNETTE W. KROLL TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED BY CHARLES S. AND ANNETTE W. KROLL (TAX MAP NO. 087.05-04-16.00) FOR THE PURPOSE OF FACILITATING STORM WATER MANAGEMENT WHEREAS, the Roanoke County has requested that Ernestine W. Smith ("Smith") grant the County a new variable one hundred eighty-seven square foot public drainage easement across Krolls' property in the County (Tax Map No. 087.05-04-16.00) said new drainage easement to adjoin an existing culvert currently located on the same parcel; and WHEREAS, the new public drainage easement will facilitate storm water management along Belle Meade Drive, which is a residential area; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on June 27, 2017, and the second reading and public hearing was held on July 25, 2017. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County shall acquire a new twenty -foot public drainage easement across property belonging to Smith, adjacent to Belle Meade Drive, more specifically identified on Tax Map No. 087.05-04-16.00, containing 187 square feet and shown on the attached plat prepared by Caldwell White Associates, dated April 19, 2016, and such conveyance is hereby authorized and approved. Page 1 of 2 2. That the County Administrator, or any Assistant County Administrators, either of whom may act, are authorized to execute, deliver and record the deeds, and any other documents on behalf of the County and to take all such further action as any of them may deem necessary or desirable in connection with this project. The form of the deed is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective from and after the date of its adoption. Page 2 of 2 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: APPROVED BY: ISSUE: September 12, 2017 Ordinance authorizing the granting of a new public drainage easement by Donna R. Moran to the Board of Supervisors of Roanoke County tax map no. 071.10-04-36.00 for the purpose of facilitating storm water management, Vinton Magisterial District Tarek Moneir Deputy Director of Development Thomas C. Gates County Administrator An ordinance granting a new public drainage easement by Donna R. Moran BACKGROUND: Donna R. Moran is granting a new five (5) feet, containing 589.8 sq. ft. public drainage easement located on Tax Map No. 071.10-04-36.00 shown upon the Plat entitled "Plat Showing new 5' Drainage Easement located on Lot 8, Block 13 Montgomery Village Section No. 7 P.B. 8, PG. 62 Instrument # 200912700". The easement is necessary to replace an existing inadequate storm sewer system that recently collapsed. The entire pipe system was deemed to be inadequate. Since this storm sewer system was the only means for runoff to be conveyed from the area, emergency plans were developed for replacement. The location of the easement is more particularly described on the Plat, which is attached hereto as "Exhibit A". DISCUSSION: Once this storm water easement is accepted by Roanoke County, the continued maintenance will be the responsibility of Roanoke County. The Department of Community Development is in concurrence with this request. Page 1 of 2 There have been no changes since the first reading on August 22, 2017. FISCAL IMPACT: There is no fiscal impact associated with the agenda item. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. Page 2 of 2 -� ~~ EX. 12'- P.U.E. P.B. 8, PC. 62 BM CORNER OF CURB INLET ELEV, = 98.07' TAX 1071.10-04-J1,00 LOT 13, BLOCK 13 MONTGOMERY VILLAGE SECTION No. 7 P.B. $ PG. 62 NEW S' DRAINAGE EASEMENT AREA= 589.80 S.F. (0.0185 AC.) EXHIBIT fA ff N 60'48'40"E 62.27' N6048'40,"E�— 95.90' EASEMENT LINE TABLE (589.80 SQ. F7.) LINE BEARING KAREN L. BOWER II S 59'49'57"W � _ TAX 1071.1a-04-35.00 / 5.00' 761.07' DONNA R. MORAN LOT 9, BLOCK 13 ` 117.98' 5.00' 117.95' 1f TAX 1071.10-04�-36.00 MONTGOMERY VILLAGE STONE WALL ELEC. UNfS LOT 8, BLOCK 13 SECTION No. 7 j I MONTGOMERY VILLAGE P.B. 8, PG. 62 SECTION No. 7 0.8. 1284, PG. 74 YJ+ P.B. 8, PG. 62 1.� � 1 INSTR. No. 200912700 U/G ELEC. LINES EIEC, LINES NEW 5' DRAINAGE U/G EASEMENT ELEC. LINES TAX 1071.10-04-J1,00 LOT 13, BLOCK 13 MONTGOMERY VILLAGE SECTION No. 7 P.B. $ PG. 62 NEW S' DRAINAGE EASEMENT AREA= 589.80 S.F. (0.0185 AC.) EXHIBIT fA ff N 60'48'40"E 62.27' N6048'40,"E�— 95.90' EASEMENT LINE TABLE (589.80 SQ. F7.) LINE BEARING LENGTH RADIUS 1-2 Ne S 59'49'57"W 5,00' 761.07' 2—J S 59'49'57"W 5.00' 761.07' 3-4 4-5 5-2 S 30'21'20"E S 60'48'40'W N 30'21'20"W 117.98' 5.00' 117.95' "CURVE A" R= 761.07' L=75.71* Tan=37.89' D=5'41'59" CH=S56'47'40"W CHORD DIST.=75.68' "CURVE B" R=761.07' L=15.50' Ton=7.75' D=1'10'00" CH=S60'13'40"W CHORD DIST.=15.50' SHOWING 5' DRAINAGE EASEMENT (589.80 Sq. Ft.) BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY DONNA R. MORAN ROANOKE COUNTY TAX MAP PARCEL 071.10-04-36,00 SITUATED ALONG PEDIGO LANE VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1"= 30' DATE: JUNE 9, 2017 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Exemption claimed: Roanoke County is exempted from recordation taxes and fees pursuant to Section 17.1-266, Code of Virginia Prepared by: County Attorney's Office Tax Map No. 071.10-04-36.00: THIS DEED OF EASEMENT made this day of 2017, by and between Donna R. Moran, Grantor, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with the execution and delivery of this Deed, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY unto the Grantee, its successors and assigns, the following described new variable width storm drainage real estate easement: A perpetual RIGHT of EASEMENT, of variable width, containing five hundred eighty-nine point eight square feet, to construct, install, improve, operate, inspect, use, maintain, monitor, and repair or replace a variable -width DRAINAGE EASEMENT, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to Grantor, shown upon the Plat entitled "Easement Plat Showing New Public Storm Drain Easement situate on Pedigo Lane, Route 1064, Lot 8, Block 13," dated 9 June 2017 and prepared by Roanoke County Department of Community Development, said parcel designated on the Roanoke County Land Records as Tax Map Number 071.10-04-36.00. The location of said easement is more particularly described on the Plat attached hereto as "Exhibit A" and by reference incorporated herein. The "Variable -Width Drainage Easement" containing 589.80 square feet being for the installation and maintenance of a new drainage easement and to allow for necessary grading Page 1 of 4 and storage during any phase of construction, reconstruction, repair or replacements of the improvements to the drainage system, the location of which is set forth on the Plat (Exhibit A). The Grantee agrees to restore and repair any actual damage to Grantor's property that may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents have the right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect Grantor's property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the easement by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. Page 2 of 4 The Grantor covenants and agrees for itself, and for its successors and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement area. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. Thomas C. Gates, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by said Board of Supervisors of the interest in the real estate conveyed herein pursuant to Ordinance No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 2017. Approved as to form: Mary Beth Nash Senior Assistant County Attorney Page 3 of 4 WITNESS the following signatures and seals: DONNA R. MORAN Commonwealth of Virginia County/City of Roanoke, to -wit: The foregoing instrument was acknowledged before me this , 2017, by Donna R. Moran, Grantor. Notary Public My commission expires: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA go Commonwealth of Virginia County of Roanoke, to -wit: Thomas C. Gates, County Administrator (SEAL) (SEAL) day of The foregoing instrument was acknowledged before me this _ day of , 2017, by Thomas C. Gates, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Grantee. Notary Public My commission expires: Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 12, 2017 ORDINANCE AUTHORIZING THE GRANTING OF A NEW PUBLIC DRAINAGE EASEMENT BY DONNA R. MORAN TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED BY DONNA R. MORAN (TAX MAP NO. 071.10-04-36.00) FOR THE PURPOSE OF FACILITATING STORM WATER MANAGEMENT WHEREAS, the Roanoke County has requested that Donna R. Moran ("Moran") grant the County a new variable five hundred eighty-nine point eight square foot public drainage easement across Moran's property in the County (Tax Map No. 071.10-04- 36.00) said new drainage easement to adjoin an existing culvert currently located on the same parcel; and WHEREAS, the new public drainage easement will facilitate storm water management along Route 1064, Pedigo Lane, in the Vinton Magisterial District, which is a residential area; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on August 22, 2017, and the second reading and public hearing was held on September 12, 2017. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County shall acquire a new, five hundred eighty-nine point eight square feet public drainage easement across property belonging to Moran, adjacent to Pedigo Lane, more specifically identified on Tax Map No. 071.10-04-36.00 containing 589.80 square feet and shown on the attached plat prepared by Roanoke County Page 1 of 2 Department of Community Development, dated June 9, 2017, and such conveyance is hereby authorized and approved. 2. That the County Administrator, or any Assistant County Administrators, either of whom may act, are authorized to execute, deliver and record the deeds, and any other documents on behalf of the County and to take all such further action as any of them may deem necessary or desirable in connection with this project. The form of the deed is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective from and after the date of its adoption. Page 2of2 ACTION NO. ITEM NO. 1.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: September 12, 2017 Ordinance to amend the fiscal year 2017-2018 Capital Budget and Self -Contained Breathing Apparatus capital project by accepting and appropriating Federal grant funding in the amount of $860,455, appropriating County Capital Reserves in the amount of $879,545, and reducing planned bonded indebtedness by $1,600,000 SUBMITTED BY: Stephen G. Simon Chief of Fire and Rescue APPROVED BY: Thomas C. Gates County Administrator ISSUE: Amend the fiscal year 2017-2018 Capital Budget by adjusting Self -Contained Breathing Apparatus (SCBA) project costs and funding sources. Amending the Capital Budget and SCBA project includes the acceptance and appropriation of grant funding awarded to the County's Fire and Rescue Department in June 2017, appropriation of County Capital Reserves, and elimination of planned bonded indebtedness. Additionally, SCBA project costs are recommended to increase by $140,000 to $1.74 million to account for a project scope change that includes mounted thermal imaging cameras for the SCBAs. BACKGROUND: Beginning with the adopted fiscal year 2017-2026 Capital Improvement Program (CIP) and continuing with the adopted fiscal year 2018-2027 CIP, the County of Roanoke has been planning for the Fire and Rescue Department replacement of Self -Contained Breathing Apparatus (SCBA) in fiscal year 2017-2018. The fiscal year 2017-2018 Capital Budget included $1.6 million in planned bonded indebtedness to fund SCBA replacement. In the fall of 2016, Fire and Rescue Department staff applied for an Assistance to Firefighters program grant administered by the Federal Emergency Management Page 1 of 4 Agency (FEMA). Grant awards were not anticipated to be announced until June 2017. Because notification of grant awards were not anticipated until after budget adoption (May 23, 2017), and it was necessary to include funding for replacement of SCBAs nearing the end of their useful life, the SCBA project was included in the approved fiscal year 2017-2018 Capital Budget with bonded indebtedness as a funding source. In June 2017, Fire and Rescue staff were notified that they had been selected as a recipient of an Assistance to Firefighters program grant to support the replacement of Fire and Rescue SCBAs. The grant award totals $860,455 in Federal funding and requires a County match of ten (10) percent ($86,045.50). With grant funding now available to support close to half of project costs, County staff re-evaluated planned project funding. After review of available County cash funding sources, staff determined that County cash sources (coupled with Federal grant funding) were available to support the SCBA project, and are recommending the elimination of planned bonded indebtedness to fund SCBA replacement. DISCUSSION: The SCBAs currently utilized by Fire and Rescue staff were purchased in 2002 with a 15 -year life expectancy. SCBAs are critically important for Fire and Rescue personnel to provide safe and efficient fire protection. Along with Personal Protective Equipment (PPE) a firefighter must have a SCBA to safely and efficiently handle an emergency situation. With the SCBAs coming to the end of their useful life, replacement was planned as part of the fiscal year 2017-2018 Capital Budget at a cost of $1.6 million. The original SCBA project as planned in the adopted fiscal year 2017-2018 Capital Budget totaled $1.6 million dollars. The scope of this project provided for replacement SCBA equipment only. The Fire and Rescue Department had originally considered including a thermal imaging camera attachment for each SCBA unit, however, this addition was not included in the approved project budget due to fiscal constraint. In light of the availability of federal funding support for this project, staff is now proposing to add the thermal imaging feature to each SCBA unit. Currently, Fire and Rescue staff utilizes a hand-held thermal imaging camera for firefighting and personnel safety purposes. One thermal imaging camera is standard equipment on fire apparatus. Thermal imaging cameras mounted to SCBA apparatus provide each individual firefighter with the ability to use this technology thereby enhancing safety for the County's personnel. The cost to add these cameras to the SCBA project is $140,000. The addition of these devices to each SCBA unit increases the total SCBA project cost from $1.6 million to $1.74 million. The June 2017 award of a grant to support the SCBA project had not been anticipated in the fiscal year 2017-2018 Capital Budget. With the acceptance of this award, County staff reviewed the initial funding plan for the project ($1.6 million from bond proceeds) and determined that a more fiscally sound way to fund the project would be through the combined use of grant proceeds and County Capital Reserves (County cash). Page 2 of 4 To make all necessary changes to the SCBA project, County staff recommends amending ordinance 052317-6, adoption of the fiscal year 2017-2018 Capital Budget. Amendments include appropriating both grant and County funds, eliminating planned bonded indebtedness, and revising SCBA project costs. Additional details regarding revised funding sources and project costs can be found in Attachment A, a memorandum sent by the County Administrator to the Board of Supervisors on August 3, 2017. There have been no changes since the first reading on August 22, 2017. FISCAL IMPACT: As relates to the adopted fiscal year 2017-2018 Capital budget, the total fiscal impact to the SCBA replacement project is $140,000. This is the increased cost of adding mounted thermal imaging cameras to the SCBAs. If the ordinance is approved, planned borrowed indebtedness in the amount of $1.6 million will be eliminated from the fiscal year 2017-2018 Capital Budget. A total of $1.74 million from Federal grant funding ($860,455) and County Capital Reserves ($879,545) is recommended to be utilized in place of bonded indebtedness to fully fund SCBA replacements. These actions provide an additional $140,000 in funding to support revised project costs. If the use of $879,545 in County Capital Reserves is approved, the updated Capital Reserve balance is anticipated to be $3,906,415 at the adoption of the ordinance. Additionally, by eliminating the use of bonded indebtedness for the SCBA project, the Department of Finance estimates savings from the planned debt service interest to be $317,000 over the ten-year period of the planned bond. STAFF RECOMMENDATION: Staff recommends an amendment to the fiscal year 2017-2018 Capital Budget approved by ordinance 052317-6 in the amount of $140,000 for the SCBA replacement project. The SCBA project budget will be increased from $1.6 million to $1.74 million, and the fiscal year 2017-2018 Capital Budget will be increased from $23.57 million to $23.71 million. Staff recommends acceptance and appropriation of Federal grant funds for SCBA replacement in the amount of $860,455, and the appropriation of County Capital Reserves in the amount of $879,545, which includes the required ten (10) percent grant match. County staff also recommends elimination of planned of bonded indebtedness in Page 3 of 4 the amount of $1.6 million as included in the adopted fiscal year 2017-2018 Capital Budget. Page 4 of 4 Thomas C. Gates County• • - County Administrator Memo To: Roanoke County Board of Supervisors From: Thomas C. Gates, County Administrator--- dministrato ` Date: August 3, 2017 Subject: Amendments to the Fiscal Year 2017-2018 Capital Budget At the August 22, 2017 Board of Supervisors meeting, County staff will request the Board's approval of an ordinance that will appropriate federal grant funding for the planned replacement of the Fire and Rescue Department Self -Contained Breathing Apparatus (SOBA). As part of this ordinance, staff will propose amending the adopted fiscal year 2017-2018 Capital Budget to account for changes to SCBA project funding and total project costs. The approved fiscal year 2017-2018 Capital Budget includes $1.6 million in bonding to finance the SCBA project. In June 2017, after budget adoption, the Fire and Rescue Department was notified that it had been selected as a recipient of a Federal Emergency Management. Agency (FEMA) grant in the amount of $860,455. The grant requires a ten (10) percent local match of $86,045. After learning of the grant award, staff reviewed the initial funding plan for the project as well as the project's scope. As a result of this review, staff is recommending the Board of Supervisors amend the fiscal year 2017-2018 Capital Budget to reflect the following: Self -Contained Breathing Apparatus (SCBA) Project Scope The original SCBA project as planned in the adopted fiscal year 2017-2018 Capital Budget totaled $1.6 million dollars. The scope of this project provided for replacement SCBA equipment only. The Fire and Rescue Department had originally considered including a thermal imaging camera attachment for each SCBA unit, however, this addition was not included in the approved project budget due to fiscal constraint. In light of the availability of federal funding support for this project, staff is now proposing to add the thermal imaging feature to each SCBA unit. Currently, Fire and Rescue staff utilizes a hand-held thermal imaging camera for firefighting and personnel safety purposes. One thermal imaging camera is standard equipment on fire apparatus. Thermal imaging cameras mounted to SCBAs provide each individual firefighter with the ability to use this technology thereby enhancing safety for the County's personnel. The cost to add these cameras to the SCBA project is $140,000. The addition of these devices to each SCBA unit increases the total SCBA project cost from $1.6 million to $1.74 million. Funding Changes Associated with the Self -Contained Breathing Apparatus (SCBA) Project The SCBA project as approved in the fiscal year 2017-2018 Capital Budget assumed $1.6 million in bond proceeds for the equipment replacement. However, the addition of $860,455 in federal funding provides the County with the opportunity to reduce bonded indebtedness. After a review of funding options, staff recommends the planned $1.6 million in bond funding related to the SCBA project be eliminated and replaced with a combination of federal grant funds ($860,455) and Capital Reserve monies ($879,545). Should the Board support the SCBA project scope change noted above, federal grant funds of $860,455 and Capital Reserve funds of $879,545 would provide the source of funds for a $1.74 million appropriation. As of July 25, 2017, County Capital Reserves had an available balance of $4,785,960. Attachment A provides a breakdown of the changes recommended by staff to the SCBA project and the fiscal year 2017-2018 Capital Budget. Planned Borrowing in the Fiscal Year 2017-20.18 Capital Budget If the proposed changes to the Capital Budget are approved by the Board of Supervisors, planned borrowing to support the fiscal year 2017-2018 Capital Budget will be reduced from $8.675 million to $7.075 million. Planned borrowing remains budgeted to support Explore Park infrastructure ($4.4 million), the Public Service Center ($1.0 million), and Public Safety Radios ($1.675 million). As always, I am pleased to answer any questions. cc: Richard Caywood, Assistant County Administrator Dan O'Donnell, Assistant County Administrator Rebecca Owens, Director of Finance Steve Simon, Chief of Fire and Rescue Chris Bever, Director, Office of Management and Budget r o CD 0 0 In kr) 0 6 0 +ri v i C v CD Lr) 01) o o o �D �D 40 00 CN NtNt V� %0 00 C� 0 U P-4 Go!) Eoq C—oq �Dq 66 0 0 0 0 0 0 O O d •-� Q rl � a� cMv a W s� esu �s �U 'b F� un O 'cd E a ca 19 P4 4 In bA a 4 +� U cd Q W 00 .� -4 nn a, o0 4t� 4 a Sal o N .lu C N O O d O rz In, �i r a o © In kr) o � o ori �ri o� er V� %0 00 C� � w �Eoq 60!� 60�1 o � c � o � •-� Q rl � aai cMv W s� esu �s a ca P4 V W 00 .� -4 a, o0 4t� 4 a o N N O O d O In, w <44 � x View Award Package, Page 1 of 25 Award Package https://eservices.fema.govIFemaFireGranVflregrantljsp/fire adminlawards/spec/view awar... 6/30/2017 View Award Package U.S. Department of Homeland Security Washington, D.C. 20472 Mrs. Wina Green Roanoke County Fire and Rescue 5204 Bernard Drive Roanoke, Virginia 24018-4345 Re: Award No.EMW 2016 -FO -01099 Dear Mrs. Green: Page 2 of 25 Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2016 Assistance to Firefighters Grant has been approved in the amount of $860,455.00. As a condition of this award, you are required to contribute a cost match in the amount of $86,045.00 of non -Federal funds, or 10 percent of the Federal contribution of $860,455.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the Assistance to Firefighters Grant programs' a -grant system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2016 Assistance to Firefighters Grant Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please go to httas:l/portal.fema.gov to accept or decline your award. This will take you to the veq Prior to requesting Federal funds, all recipients are required to register in the System for Award Management As the 41,`,� (SAM.gov). recipient, you must register and maintain current information in SAM.gov until submit the final financial this �" you report required under award or receive the final payment, whichever is u later. This requires that the recipient review and update the information annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM.gov. Your registration must be completed on-line at https://www.sam..qov/portal/public/SAM/. It is your entity's responsibility to have a valid DUNS number at the time of registration. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please go to httas:l/portal.fema.gov to accept or decline your award. This will take you to the Assistance to Firefighters eGrants system. Enter your User Name and Password as requested on the login screen. Your User Name and Password are the same as those used to complete the application on-line. Once you are in the system, the Status page will be the first screen you sea. On the right side of the Status n j,30screen, you will see a column entitled Action. In this column, please select the View Award Package from the drop down menu. Click Go to view your award package and indicate acceptance or declination of award. your PLEASE NOTE: your period of performance has begun. If you wish to accept your grant, you should do so immediately. When you have finished, we recommend printing your award package for your records. Step 2: If you accept your award, you will see a link on the left side of the screen that says "Update 1199A" in the Action column. Click thislink. This link will take you to the SF -1199A, Direct Deposit Sign-up Form. Please complete the SF -1199A on-line if you have not done so already. When you have finishbd, you must submit https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire admin/awards/spec/view away.., 6/30/2017 View Award Package Page 3 of 25 the form electronically. Then, using the Print 1199A Button, print a copy and take it to your bank to have the rt bottom portion completed. Make sure your application number is on the form. After your bank has filled out 7� their portion of the form, you must fax a copy of the form to FEMA's SF -1199 Processing Staff at 540-504- 2883. You should keep the original form in your grant files. After the faxed version of your SF 1199A has been � reviewed you will receive an email indicating the form is approved. Once approved you will be able to request payments online. if you have any questions or concerns regarding your 1199A, or the process to request your funds, please call (866) 274-0960. Sincerely, Bridget Bean Acting Assistant Administrator for Grant Programs https:lleservices.fema.gov/FemaFireGrantifiregrantljsplfire_adminlawardslspeclview awar... 6/30/2017 View Award Package Summary Award Memo SUMMARY OF ASSISTANCE ACTION ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM Application INSTRUMENT: GRANT AGREEMENT NUMBER: EMW-2016-FO-01099 GRANTEE: Roanoke County Fire and Rescue DUNS NUMBER: 062353610 AMOUNT: $946,500.00, Operations and Safety Project Description Page 5 of 25 The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire -related hazards. After careful consideration, FEMA has determined that the recipient`s project or projects submitted as part of the recipient's application, and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant program's purpose and worthy of award. The projects approved for funding are indicated by the budget or negotiation comments below. The recipient shall perform the work described in the grant application for the recipient's approved project or projects as itemized in the request details section of the application and further described in the grant application narrative. The content of the approved portions of the application - along with any documents submitted with the recipient's application - are incorporated by reference into the terms of the recipient's award. The recipient may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval, via amendment request, from NEMA. Period of Performance 23 -NN -17 to 22 -NN -1 S Amount Awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this grant (including Federal share plus recipient match): Personnel: $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $946,500.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 https:lleservices.fema.govIFemaFireGrantlfiregrantljsplfire adminlawardslspeclview awar... 6/30/2017 View Award Package State Taxes $0.00 Total $946,500.00 NEGOTIATION COMMENTS IF APPLICABLE (max 8000 characters) The Program Office has made the following reductions to your grant: The approved cost for the' SCBAs is 145 at $6,200 each. The approved quantity of face pieces is 95 at $500 each. Therefore, they have recommended the award at this level: Total budget $946,500 Federal share $860,455 Applicant share $86,045 X40 A cA� Page 6 of 25 If you have any questions about your award package, please contact your GPD Grants Management Specialist: Annette Robinson at Annette.Robinson2@fema.dhs.gov. FEMA Officials Program Officer: The Program Specialist is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. If you have any programmatic questions regarding your grant, please call the AFG Help Desk at 866- 274-0960 to be directed to a program specialist. Grants Assistance Officer: The Assistance Offider is the Federal official responsible for negotiating, administering, and executing all grant business matters. The Officer conducts the final business review of all grant awards and permits the obligation of federal funds. If you have any questions regarding your grant please call-ASK-GMD at 866-927-5646 to be directed to a Grants Management Specialist. Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this grant award. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist. ADDITIONAL REQUIREMENTS (IF APPLICABLE) (max 8000 characters) NATIONAL ENVIRONMENTAL POLICY ACT All recipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions -under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. NONDISCRIMINATION IN MATTERS PERTAINING TO FAITH -BASED ORGANIZATIONS It is DHS policy to ensure the. equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in.providing important social services to beneficiaries. All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable https:lleservices.fema.govIFemaFireGrantlfliregrantljsplfire_adminlawardslspeclview awar... 6/30/2017 View Award Package Page 7 of 25 statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs, https:lleservices.fema.gov/FemaFireGrantlfiregrantljsplfue_adrninlawardslspeclview awar... 61301201.7 View Award Package Page 9 of 25 Agreement Articles rh --. M,U.S. Department of Homeland Security o; Washington, D.C. 20472 IVa:... AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety GRANTEE: Roanoke County Fire and Rescue PROGRAM: Operations and Safety AGREEMENT NUMBER: EMW-2016-FO-01099 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Assurances, Administrative Requirements and Cost Principles Article II Acknowledgement of Federal Funding from DHS Article III Activities Conducted Abroad Article IV Age Discrimination Act of 1975 Article V Americans with Disabilities Act of 1990 Article VI Best Practices for Collection and Use of Personalty Identifiable Information (Pll) Article VII Title VI of the Civil Rights Act of 1964 Article VIII Civil Right Act of 1968 Article IX Copyright Article X Debarment and Suspension Article XI Drug -Free Workplace Regulations Article XII Duplication of Benefits Article XIII Energy Policy and Conservation Act Article XIV Reporting Subawards and Executive Compensation Article XV False Claims Act and Program Fraud Civil Remedies Article XV] Federal Debt Status Article XVII Fly America Act -of 1974 Article XVIII Hotel and Motel Safety Act of 1990 Article XIX Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article XX Lobbying Prohibitions https://eservices.Tema.gov/FemaFireGrant/firegrantljsplfire admin/awards/spec/view awar.... 6/30/2017 View Award Package Article XXI Article XXII Article XXII I Article XXIV Article XXV Article XXVI Article XXVII Article XXVI I Article XXIX Article XXX Non -supplanting Requirement Patents and Intellectual Property Rights Procurement of Recovered Materials Contract Provisions for Non-federal Entity Contracts under Federal Awards SAFECOM Terrorist Financing E.O. 13224 Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) Trafficking Victims Protection Act of 2000 Rehabilitation Act of 1.973 USA Patriot Act of 2001 Article XXXI Use of DHS Seal, Logo and Flags Article XXXII Whistleblower Protection Act Article XXXIII DHS Specific Acknowledgements and Assurances Article XXXIV System of Award Management and Universal Identifier Requirements Article XXXV Animal Welfare Act of 1966 Article XXXVI Protection of Human Subjects Article XXXVII Incorporation by Reference of Notice of Funding Opportunity Article XXXVIII Acceptance of Post Award Changes Article XXXIX Prior Approval for Modification of Approved Budget Article Xi. Disposition of Equipment Acquired Under the Federal Award Article XLI Environmental Planning and Historic Preservation Screening Assurances, Administrative Requirements and Cost PrinciMes Recipients of DHS federal financial assistance must complete OMB Standard Form 424E Assurances - Non; Construction Programs. Certain assurances in this document may not be applicable to your program, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. The administrative requirements and cost principles that apply to DHS award recipients originate from: Page 10 of 25 2 C.F.R. Part 200, Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards, as adopted by DHS at 2 C.F.R. Part 3002. ll. Acknowledgement 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. https:lleservices.fema.govIFemaFireGrrantliiregrantljsplfire—achninlawardslspeclview awar... 613012017 View Award Package Page 11 of 25 lll. 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. IV. Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1875 (42 U.S.C. & 6101 et sea.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. V. Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles 1, 11, 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. §§ 12301,.1,2213). VI. Best Practices for Collection and Use of Personally Identifiable Information PII All recipients who collect PII are required to have a pubfically-available privacy policy that describes what PI they collect, how they use the Pi I, whether they share PI I with third parties, and how individuals may have their Pit corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. VI1. Title VI of the Civil Rights Act of 1964 All recipients must comply with the requirements of Title VI of the `Civil Rights Act of 1964 (42 U.S.C. 4 2000d et seg.), 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. Implementing regulations for the Act are found at 6 C.F.R. Part 23 and 44 C.F.R. Part 7. VIII. 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. 4 3601 et sea.), 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). IK. Copyright All recipients must affix the applicable copyright notices of 17 U.S."§ 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the https:lleservices.fema.govIFemaFireGrantlfiregrantljsplfire adminlawardslspeclview awar... 6/30/2017 View Award Package Page 12 of 25 work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). X. Debarment and Suspension All recipients. must. comply with Executive Orders 12649 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. XL Drug -Free Workplace Regulations' All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et sea.), which requires that 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. XII. Du lication 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 the non -Federal entity 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 awards. XIII. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. 4 6209 which contain policies relating to energy efficiency that are defined in the state energy conservation' plan issues in compliance with this Act. XIV. Reporting Subaw rds and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1. of this award term to http.lAwm.fsrs.gov. m.fsrs.gov. fl. For subaward information, report no later than the end of the month following the month in which the obligation was made. {For https://eservices.fema.gov/FemaFireGrant/fregrant/jsplfiee_adminlawardslspeclview awar... 6/30/2017 View Award Package Page 13 of 25 example, if the obligation was made on November 7; 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http.lAvww.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received - (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2� CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at httpJ/www, sec, govlanswerslexecomp. htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: L As part of your registration profile at htips-1Avww.sam_0 ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipienfs five most highly compensated executives for the subrecipient's preceding completed fiscal year, if- https:lleservices.fema.govIFemaPireGrantlfiregrantljsplfire admi.nlawards/speclview awar... 6130/2017 View Award Package Page 14 of 25 1. in the subrecipient's preceding fiscal year, the subrecipient received - (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and.subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, seethe U.S. Security and Exchange Commission total compensation filings at httpJ/www. sec. gov/answers/execomp. hfm. ) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: 1. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: L A Governmental organization, which is a State, local government, or Indian tribe; haps:lleservices.fema.gov/FemaFireGranVfiregrant/jsp/fire adminlawards/spec/view away... 6/30/2017 View Award Package Page 15 of 25 ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 2. Executive means officers, managing -partners, or any other employees in management positions. 3. Subaward. i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that yoq as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. _.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). lii. A subaward may be provided through any legal agreement, including an agreement that you or a subreciplent considers a contract. 4. Subrecipient means an entity that: 1. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or-subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use'the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical https://eservices.fema.gov/FemaFireGranVfiregranVjsplfire_adminlawards/spec/view awar... 6/30/2017 View Award Package Page 16 of 25 reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,400. XV. False Claims Act and Prowam Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. §3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. 3801-3812 which details the administrative remedies for false claims and statements made. XVI. 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�l29 and form SE -42413, item number 17 for additional information and guidance. XVII. 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. 4 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the Intemational Air Transportation Fair Competitive Practices Act of 997'4 (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. XVIII. Hotel and Motel Fire Safety Act of 1990 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. XIX. Limited English Proficiency (Civil Rights Ac# of 9954, Title VI) All recipients must comply with the Title Vl 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. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients https:lleservices.fema.gov/FemaFireGrant/£iregrantljsplfire_adniin/awards/spec/view awar... 6/30/2017 View Award Package Page 17 of 25 are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 93166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title V1 Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a'recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance hft s://www.dh5. ovl ufdance- ublished-hel -de artment-su orted-or anizations- rovide-meanie ful-access- eo le- limi ited and additional resources on htip://www.lep.gov. XX. 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. XXI. 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. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. XXIL Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bavh-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, bnd disposition of rights to inventions and patents resulting from financial assistance awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401.14. XXI II. 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 (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, where the purchase price of the https:lleservices.fema.govIFemaFireGrantlfrregrantljsplfire_admin/d awardslspeclview awar... 6/30/2017 View Award Package, Page 18 of 25 item exceeds $10,000 or the value of the quantity acquired by the preceding. fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. XXIV. Contract Provisions for {Von -federal Entity Contracts under Federal Awards a.Contracts for more than the sim Iified acquisition threshold set at $150,000. All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council as authorized by 41 U.S.C; §1908, must address administrative, contractual, or legal.remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. b.Contracts in excess of $10.000. All recipients that have contracts exceeding $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be effected and the basis for settlement. XXV. SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAF— _- -ECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. XXVI. Terrorist Financing „E.0. 13224 All recipients must comply with U.S. Executive Order 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 E.O. and laws. XXVI I. Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C.-P1681 et sea.), which provides 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 https:lleservices.fema.govIFerraaFireGrantlfiregrantljsplfire adrniunlawardslspe'clview awar... 6/30/2017 View Award Package receiving Federal financial assistance. Implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 XXVI EI. 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 (TVPA) of 2000, as amended (22 U.S.C. 7104). This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of the award term is located .at 2 GFR 4 175.15. XXIX. Rehabilitation Act of 1973 All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 9973, 29 U.S.C. 4 794, 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. These requirements pertain to the provision of benefits or services as well as to employment. XXX. USA Patriot Act of 2009 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. 44175-1750, Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. XXXI. Use of DHS Seal,.Loclo and Flags All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. XXXII. Whistleblower Protection Act 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. 4 2324, 41 U.S.C—IM 4304 and 4310: XXXIII. DHSS ecific Acknowled ements and Assurances All recipients must acknowledge and agree -and require any sub - recipients, contractors, successors, transferees, and assignees acknowledge and agree -to comply with applicable provisions Page 19 of 25 https:lleservices.fema.gov/FemaFireGranttfiregrantljsplfire_adminlawardslspeclview awar... 6/3012017 View Award Package governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation 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 grant 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 awarding office and the DHS Office of Civil Rights and Civil Liberties. 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 Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. XXXIV. System of Award Management and Universal Identifier Requirements A. Requirement for System of Award Management Unless exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for unique entity identifier Page 20 of 25 https://eservices.fema.gov/FemaFireGrantlfiregrant/jsplfire_admin/awards/spec/view awar... 6/30/2017 View Award Package Page 21 of 25 If authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless -the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to you. C. Definitions For purposes of this award term: 1. System of Award Management(SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at httP hA ww.sam.gov). 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A f=ederal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4. Subaward. a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.330). c. A subaward may be provided through anylegal agreement, including an agreement that you. consider a contract. - https:lleservices.fema.gov/Fem'aFireCTrantlfregrantljsplfire_adminlawaidslspeclview awar... 6/30/2017 View Award Package 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. , =V. Animal Welfare Act of 1966 All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. §2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. XXXVI. Protection of Human Subjects All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46, which requires that recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. XXXVII. incorporation by Reference of Notice of Funding Opportunity The Notice of Funding Opportunity for this program is hereby incorporated into your award agreement by reference_ By accepting this award, the recipient agrees that all allocations and use of funds under this grant will be in accordance with the requirements contained in the Notice of Funding Opportunity. XXXVIII. Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. If you have questions about these Page 22 of 25 https:lleservices.fema.govIFemaFireGrantlfiregrantljsplfire_adminlawards/spec/view awar... 6/30/2017 View Award Package procedures, please contact the AFG Help Desk at 1-866-274-0960, or send an email to fregrantsC@,dhs.aov. XXXIX. Prior Approval for Modification of Approved Budget Before making any change to the DHSIFEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2'C.F.R. § 200.308_ For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval XL. Disposition of E ui ment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub -recipients is no longer needed for the original project or program or for other activities currently or previously supported-by'DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. . XLI. Environmental Planning and Historic Preservation Screening AFG funded activities (Modification to Facility or Equipment) that may require an EHP review, involving the installation or requiring renovations to facilities, including but not limited to air compressor/fill station/cascade system (Fixed) for filling SCBA, air improvement systems, alarm systems, antennas, gear dryer, generators (fixed), permanently mounted signs, renovations to facilities, sprinklers, - vehicle exhaust systems (fixed) or washer/extractors are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA's Environmental and Historic Preservation (EHP) screening form and instructions go to our Department of Homeland Security/Federal Emergency Management Agency - website at: hft s://www.fema, ov/libra /viewRecord.do7id=6906 In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. Page 23 of 25 https:lleservices.fema.gov/FemaFireGrantlfiregrant/jsplfire_adminiawardslspeclview awar... 6/30/2017 View Award Package 1 a. AGREEMENT NO. EMW-2016-FO-01099 6. RECIPIENT NAME AND ADDRESS Roanoke County Fire and Rescue 5925 Cove Road Roanoke Virginia, 24019-2403 9. NAIVE OF RECIPIENT PROJECT OFFICER Wine Green FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARDIAMENDMENT 2. AMENDMENT 3. RECIPIENT NO, NO. 54-6001572 0 Page 25 of 25 4. TYPE OF S. CONTROL NO. ACTION WX01287N2017T AWARD 7. ISSUING OFFICE AND ADDRESS 8. PAYMENT OFFICE AND ADDRESS Grant Programs Directorate FEMA, Financial Services Branch 500 C Street, S.W. - 500 C Street, S.W., Room 723 Washington DC, 20528-7000 Washington DC, 20472 POC: Andrea Day PHONE NO. 10. NAME OF PROJECT COORDINATOR PHONE NO. 5407778730 Catherine Patterson 1-866-274-0960 11. EFFECTIVE DATE OF 12. METHOD OF 13. ASSISTANCE ARRANGEMENT .14. PERFORMANCE PERIOD THIS ACTION PAYMENT Cost Sharing From:23-JUN-17 To:22-JUN-18 23 -JUN -17 SF -270 Budget Period From:29-JAN-17 To:30-SEP-17 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NAME (ACOS CODE) TOTAL AWARDED TOTAL ACRONYM xxxx-xxx-xxxxxx- AWARD THIS ACTION AWARD NON- xxxxx xxxx-xxxx-x + OR (-} FEDERAL COMMITMENT AFG 97.044 2017 -F6 -C111 -P4310000- $0.00 $860,455.00 $860,456.00 $86,045.00 4101-D TOTALS $0.00 $860,455.00 $860,455.00 $86,045.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. NIA 16a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above, 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE NIA N/A 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE Andrea Day 20 -JUN -17 Go Backe https://eservices.Tema.gov/FernaFireGrantlfiregrantljsp/fire adminlawards/spec/view away... 6/30/2017 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 12, 2017 ORDINANCE TO AMEND THE FISCAL YEAR 2017-2018 CAPITAL BUDGET AND SELF-CONTAINED BREATHING APPARATUS CAPITAL PROJECT BY ACCEPTING AND APPROPRIATING FEDERAL GRANT FUNDING IN THE AMOUNT OF $860,455, APPROPRIATING COUNTY CAPITAL RESERVES IN THE AMOUNT OF $879,545, AND REDUCING PLANNED BONDED INDEBTEDNESS BY $1,600,000 WHEREAS, the County of Roanoke Fire and Rescue Department applied for and was selected as a recipient of a Federal Emergency Management Agency (FEMA) grant in the amount of $860,455 for the replacement of Self -Contained Breathing Apparatus (SCBA) as detailed in the fiscal year 2017-2018 Capital Budget; and WHEREAS, the grant proceeds were not part of the financing plan for the SCBA project; and WHEREAS, County Finance and Budget staff have determined that the project can now be completed without planned bonded indebtedness and recommend amending the fiscal year 2017-2018 Capital Budget to reflect revised project costs and funding sources; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance before they are expended; and WHEREAS, first reading of this ordinance was held on August 22, 2017, and the second reading was held on September 12, 2017. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. That the project budget for SCBA replacement included in the fiscal year Page 1 of 2 2017-2018 Capital Budget be increased by $140,000 to $1,740,000 to provide for thermal imaging cameras mounted to the SCBAs. 2. That the fiscal year 2017-2018 Capital Budget approved by ordinance 052317-6 be amended by $140,000 to $23,711,344 to account for additional SCBA project costs. 3. Accept and appropriate $860,455 in Federal grant funding for SCBA replacement. 4. Appropriate County Capital Reserves in the amount of $879,545 for a required (10) percent grant match ($86,045.50) and for the balance of SCBA project costs ($793,499.50). 5. Reduce planned bonded indebtedness in the amount of $1,600,000 as part of the fiscal year 2017-2018 Capital Budget as Federal grant funding and County Capital Reserves will be utilized to provide for SCBA project funding. 6. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 ACTION NO. ITEM NO. 1.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 12, 2017 Ordinance authorizing the County Administrator to execute a contract for the purchase of a facility situated on +/- 1.82 acres located at 5285 Hollins Road in Roanoke County Rob Light Director of General Services Thomas C. Gates County Administrator The County of Roanoke has negotiated contract terms to acquire a warehouse facility on approximately 1.82 acres from Hollins Cold Storage, LLC. The parcel is located at 5285 Hollins Road, Roanoke, Virginia (Tax Map No. 039.05-02-03.00-0000) and is situated in the Hollins Magisterial District. The parcel is directly adjacent to the County's existing Fleet Services Center. BACKGROUND: The County's approved fiscal year 2017-2026 Capital Improvement Program (CIP) included a comprehensive Building Planning Study for the replacement of the County's existing Public Service Center on Kessler Mill Road in Salem, Virginia. The replacement of the existing Public Service Center is necessary due to multiple functionality and condition issues in addition to being prone to flooding due to the property's location in a flood plain. Through a competitive procurement process, staff selected the Architectural and Engineering firm of Thompson and Litton to identify operational and programming needs, analyze tangible options, and provide subsequent project estimates for each. The Building Planning Study indicated that an expansion at the County's Fleet Service Center could meet the County's needs associated with the relocation of General Services (including solid waste), Comm/IT communications shop and warehouse space if an additional parcel of land was acquired. Page 1 of 3 DISCUSSION: The County Fleet Service Center was opened in 2010. Design of the site and facility included consideration of future expansion to consolidate compatible functions housed in the Public Service Center, including the Communications/Information Technology (Comm/IT) Department's communications shop and General Service's welding, fabrication, and small engine maintenance operations. However, the available space on the existing site for additional development is limited due to the overall size of the parcel, grade limitations, and necessary storm water facilities. The existing site would not be able to accommodate the move of County services from the current Public Service Center as envisioned. The Building Planning Study commissioned by the County concluded that expansion of the Fleet Service Center could accommodate the move of services from the Public Service Center through the purchase of the adjacent, available property. Acquisition of this property provides the most operationally efficient and cost effective option for several key functions as part of a multi -phased distribution of the existing functions and services located at the Public Service Center. In addition to relocation of Comm/IT and General Services shop functions, the combined properties provide for the ability relocate all General Services functions to the site (including solid waste). The warehouse facility will provide the ancillary benefit of utilization for warehousing needs of both the County's surplus property disposition program managed by the Finance Department and the interior facility management and solid waste storage needs for General Services. Utilization results in more cost effective space than comparable new construction components. The subject property is currently utilized as a cold storage facility. The seller has existing leases with tenants that will expire in the spring of 2019. Closing is anticipated on or before July 10, 2019 (fiscal year 2020), and is in keeping with overall project scheduling needs based on the adopted fiscal year 2018-2027 CIP. Site or facility renovation for this property is anticipated to be limited. Purchase of this facility is one component of the entire $13.05 million project as described in the adopted fiscal year 2018-2027 CIP. There have been no changes since the first reading. FISCAL IMPACT: The purchase price of the property is $975,000. The County will provide a $10,000 deposit to be held in escrow pending a 90 day due diligence period for the County to obtain necessary environmental studies and any other engineering or site inspections and tests. The initial deposit is refundable upon cancellation by the County within this period. Page 2 of 3 The contract includes a security provision to mitigate mutual financial risk should either party not move forward in closing. The County plans to procure and begin project design work in calendar year 2017 as part of approved CIP funding. Site and building design work for the existing Fleet Service Center property will be predicated on acquisition of this land. Failure to close by the Seller would result in subsequent redesign costs. The Seller will provide security acceptable to the County of up to $100,000 for any such costs incurred. The County will deposit an additional $90,000 into escrow at the end of the 90 day due diligence period if the contract has not previously been terminated by the County. Combined with the initial deposit of $10,000, these funds would revert to the Seller if the County does not move forward with closing. The combined deposits of $100,000 will be applied to the purchase price upon closing. This security recognizes the income risk to the Seller due to their obligation to terminate the existing leases in preparation for closing. The County retains the right to cancel the contract at any time after the due diligence period in the event that the property is materially damaged by casualty or environmental condition. In such instance, the full amount of $100,000 deposited into escrow would refund to the County. Funding from cash sources for the combined deposits of $100,000 is available and appropriated for use in the Public Service Center CIP project for fiscal year 2018. The remaining $875,000 for closing on or before July 10, 2019, has also been appropriated in fiscal year 2018; however, the funding source for remaining acquisition cost of the property is bonds which require additional Board of Supervisors approval. County staff will review the timing of the issuance of the bonds for this property acquisition in conjunction with the remainder of the Public Service Center project and bring forth an item for Board of Supervisors approval at the appropriate time. In the event that the Board of Supervisors elects not to issue bonds for this property acquisition in advance of the closing on the property, County staff would need to identify cash sources to complete the purchase or the County would be unable to fulfill the terms of the contract. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance authorizing the County Administrator to finalize and execute an agreement for the purchase of approximately 1.82 acres (Tax Map No. 039.05-02-03.00-0000) from Hollins Cold Storage, LLC. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 12, 2017 ORDINANCE APPROVING THE PURCHASE OF +/- 1.82 ACRES LOCATED AT 5285 HOLLINS ROAD (TAX MAP NO. 039.05-02-03.00- 0000), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Hollins Cold Storage, LLC (the "Owners") are the owners of +/- 1.82 acres located at 5285 Hollins Road in Roanoke County, Virginia, County of Roanoke Tax Parcel No. 039-05-02-03.00-0000, in the Hollins Magisterial District; and WHEREAS, the Board of Supervisors of Roanoke County has determined that it is in the public interest to acquire this property to expand the Fleet Service Center; and WHEREAS, the Board of Supervisors and the Owners negotiated a contract with a contract price of $975,000, with an initial $10,000 deposit at the signing of the contract, an additional $90,000 to be paid to escrow agent on the day after the last day of the Inspection Period (90 days) and the remaining $875,000 to be paid in cash at the closing with funds from the fiscal year 2019 Capital Improvement Plan budget; and WHEREAS, the contract provides the County with a ninety (90) day due diligence period (Inspection Period) for surveys, inspections, surface and subsurface explorations, tests, and other site evaluations and analyses; and WHEREAS, the contract provides the County with 30 days after the end of the Inspection Period for title examination and survey; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance to be held on August 22, 2017; and the second reading to be held on September 12, 2017. Page 1 of 2 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of the +/- 1.82 acres of real estate located at 5285 Hollins Road in Roanoke County, Virginia, the Vinton Magisterial District (Tax Map No. 080.00-05-19.00-0000) is hereby authorized and approved at the purchase price of $ 975,000. 2. Funding for the combined deposits of $100,000 is available for use in the Public Service Center Replacement Capital Improvement Plan project for fiscal year 2017-2018. The remaining $875,000 for closing on July 10, 2019, will require approval and appropriation in the fiscal year 2019 budget. 3. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents, including but not limited to the initial contract and any other incidental documents required for closing and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. 4. That this ordinance is to be in full force and effect upon its passage. Page 2 of 2 THIS AGREEMENT OF SALE AND PURCHASE ("this Agreement") is made and entered into this day of , 2017 ("the Effective Date"), by and between HOLLINS COLD STORAGE, L.L.C., a Virginia limited liability company, whose address is 340 Echowood Lane, Hardy, Virginia 24101 ("Seller"), and the ROANOKE COUNTY BOARD OF SUPERVISORS, of the County of Roanoke, Virginia, a political subdivision of the Commonwealth of Virginia, whose address is 5204 Bernard Drive, Roanoke, Virginia 24018 ("Purchaser"). The parties acknowledge that Doug Wright of Harris Commercial Realty ("Listing Broker") represents Seller. The parties further acknowledge that disclosure of the brokerage relationship was made to them by the real estate licensee involved in this transaction when specific assistance was first rendered and confirmed in writing. RECITALS Seller is the owner of a certain parcel of real property located at 5285 Hollins Road in Roanoke County, Virginia, bearing County of Roanoke Tax Parcel No. 039.05-02-03.00-0000 and containing +/- 1.82 acres ("the Property"). Seller desires to sell the Property to Purchaser, and Purchaser desires to purchase the Property from Seller, on the terms and conditions set forth in this Agreement. WITNESSETH Now, therefore, in consideration of the premises and of the mutual covenants set forth herein, the parties agree as follows: (1) Sale and Purchase. In consideration of the sum of Nine Hundred Seventy Five Thousand and 00/100 Dollars ($975,000.00) ("the Purchase Price") paid and to be paid by Purchaser as follows: (a) Ten Thousand and 00/100 Dollars ($10,000.00) ("the Initial Deposit") paid to ("Escrow Agent") by Purchaser upon the full execution of this Agreement, receipt of which is hereby acknowledged by Escrow Agent; (b) Ninety Thousand and 00/100 Dollars ($90,000.00) ("the Second Deposit") to be paid to Escrow Agent by Purchaser on 1 the day next following the last day of the Inspection Period (as defined below) if Purchaser has not terminated this Agreement during the Inspection Period; and (c) the remaining Eight Hundred Seventy Five Thousand and 00/100 Dollars ($875,000.00) to be paid by Purchaser to Seller in cash (by wire transfer of good funds or bank check) in full, at the Closing hereinafter provided for, Seller hereby sells, and agrees to grant and convey to Purchaser, and Purchaser hereby purchases, and agrees to accept conveyance of, the Property from Seller, on the terms and subject to the conditions of this Agreement. The Initial Deposit and the Second Deposit will be held by Escrow Agent in an interest-bearing account with interest accruing to the benefit of the party ultimately entitled to receive the deposits and either applied to the Purchase Price at Closing or otherwise disbursed in accordance with this Agreement. (2) Right of Access for Inspections. (a) Between the Effective Date and the date which is ninety (90) days after the Effective Date ("the Inspection Period"), Purchaser and its agents and contractors shall have the right of free access to and entry upon the Property for 0 the purpose of making such surveys, inspections, surface and subsurface explorations, tests, borings, and other site evaluations and analyses as Purchaser may desire to make. In exercising its right of access, Purchaser, its agents and contractors shall not disrupt or interfere with the business operations of Seller's tenants. In order to avoid disruption to tenants, the Purchaser agrees that each entry on the Property by Purchaser or its agents must be coordinated in advance with Robert Ives of Seller, whose telephone number is (540) 529-7218. Purchaser shall (i) indemnify Seller and hold Seller harmless from and against any loss, cost, damage, or liability arising out of or resulting from the exercise by Purchaser or Purchaser's agents or contractors of the rights granted by this paragraph (2), to the extent allowed under the laws of the Commonwealth of 2 Virginia, and (ii) if Closing does not occur under this Agreement, at its expense, restore the Property substantially to its condition immediately prior to those tests and inspections. (b) If Closing does not occur, Purchaser shall deliver to Seller copies of the results of any and all such surveys, tests, and studies not later than ten (10) days after termination or expiration of the Inspection Period. (c) Purchaser may, at any time prior to the end of the Inspection Period (including on the final day of the Inspection Period), by written notice to Seller terminate this Agreement, for any reason or no reason, and receive a full refund of the Initial Deposit. If Purchaser does not terminate this Agreement before the expiration of the Inspection Period, then Purchaser shall be deemed to have waived its rights to terminate the Agreement under this paragraph (2). (3) Title and Survey. Purchaser shall, at its expense, within thirty (30) days after the end of the Inspection Period (if Purchaser has not terminated this Agreement during the Inspection Period) obtain such examination of the title to the Property and such survey of the Property as Purchaser shall deem necessary or advisable. Should any title examination or survey indicate that Seller cannot convey to Purchaser good and marketable fee simple title to the Property, other than because of liens in a total amount less than the Purchase Price which can be satisfied by the payment of money deducted from the Purchase Price at Closing, then Purchaser shall, on or before the 60a' day after the end of the Inspection Period (the "Title Review Period"), give Seller written notice of any conditions, restrictions or encumbrances which Purchaser will not waive ("the Title Exceptions"), and Seller will have a period of sixty (60) days from its receipt of such notice to take such action as Seller wishes to take to cure the Title Exceptions (the "Title Cure Period"). "Cure" of any Title Exception may be accomplished either by resolving and removing the Title Exception or by obtaining the agreement of Purchaser's title insurer to insure Purchaser against loss resulting 3 from the exception, on terms reasonably satisfactory to Purchaser. If all Title Exceptions have not been cured within the Title Cure Period, then Purchaser shall have the option either (i) to terminate this Agreement and receive a full refund of the Initial Deposit and the Second Deposit, or (ii) to allow this Agreement to continue in effect and to proceed with Closing with no reduction in the Purchase Price. In the event that Purchaser fails to notify Seller before the end of the Title Review Period of any Title Exceptions, the Purchaser shall be deemed to have accepted the Title Exceptions and shall have waived its right to terminate the Agreement under this paragraph (3). Seller agrees that it will not, from the Effective Date until the date of Closing, convey any rights in the Property (including by lease) to any other person or entity without the specific written consent of Purchaser, which consent Purchaser may grant, condition or withhold in its sole discretion. (4) Existing Leases. Seller and Purchaser acknowledge that the Property is currently subject to three (3) leases. It is Seller's responsibility to arrange for the termination of these leases and vacation of the Property by these tenants prior to the Closing date, so that possession of the Property can be delivered to Purchaser at Closing free and clear of these or any other rights to occupy or possess the Property. Seller accordingly agrees that it will deliver to Purchaser, not later than five (5) days prior to the Closing date, copies of lease termination agreements signed by all three existing tenants, or such evidence of lease termination reasonably acceptable to Purchaser, and that all tenants will have vacated and removed all of their property from the Property prior to the Closing date. (5) Closing; Closing Costs. Closing shall take place on July 10, 2019, at a location in the City or County of Roanoke, Virginia, selected by Purchaser. At Closing, Purchaser shall pay to Seller the Purchase Price, less the Initial Deposit and the Second Deposit (which shall be paid to Seller at Closing by Escrow Agent), plus the bank fees and costs incurred by Seller to provide the Letter of Credit required by paragraph (1 Of) below up to Three Thousand Seven Hundred Fifty El Dollars ($3,750.00), and Purchaser shall also pay all closing costs except those that are specifically provided in this paragraph (5) to be paid by Seller. At Closing, Seller shall deliver to Purchaser a fully executed and notarized general warranty deed with modern English covenants of title, conveying good and marketable fee simple title to the Property to Purchaser, subject only to real estate taxes which are not yet delinquent and to such other Title Exceptions as Purchaser shall have agreed in writing, prior to Closing, to accept or otherwise accepted in accordance with paragraph (3). The deed shall convey the Property to Purchaser with all appurtenances and by description based on the current survey obtained by Purchaser, or if Purchaser has not obtained a current survey, by the description(s) set forth in the deed(s) conveying the Property to Seller. Seller shall also deliver such other instruments, certificates, and affidavits as shall be reasonably and customarily required by Purchaser and its title insurer to complete and evidence the purchase and sale transaction. Seller shall pay the cost of preparation of the deed, the certificate of non -foreign status, and IRS Form 1099, the recording tax applicable to grantors, and its own attorneys' fees. Real estate taxes shall be prorated as of the date of the Closing. 0 (6) Risk of Loss. If after the expiration of the Inspection Period (and Purchaser not having elected to terminate this Agreement during the Inspection Period), but prior to Closing the Property is materially damaged by a casualty or the environmental condition of the Property is materially and adversely changed (and such change is not due to the acts of Purchaser or its agents or contractors), then, Purchaser shall have ten (10) business days within which to notify Seller whether it wishes to (a) proceed to close and be entitled to an assignment of all insurance proceeds at Closing; or (b) terminate this Agreement which shall have no further force or effect except for any liability pursuant to the indemnity provisions of paragraph (2), and receive a refund of the Initial and Second Deposits. For purposes of this paragraph (6), the Property shall be considered materially damaged if the cost of repair or cure exceeds $500,000.00. Seller agrees that if the Property is damaged within thirty (30) days of the Closing date as a consequence of a non -material E insured casualty for which Seller has not commenced repair, then Seller will assign the insurance proceeds associated with that casualty to Purchaser at Closing. (7) Possession. Seller shall deliver exclusive possession of the Property to Purchaser on the date of Closing and shall, prior to Closing, remove all of its equipment and other personal property, including trade fixtures and equipment, from the Property, however two (2) interior buildings totaling approximately 8,500 +/- SF shall not be removed but shall remain with the Property. (8) Assignment. Purchaser may assign its rights under this Agreement at any time prior to the Closing date, in which case it shall give Seller written notice of assignment stating the name and address of the assignee. In the event of an assignment, the assignee shall succeed to all of the rights and obligations of the Purchaser under this Agreement and Purchaser shall remain liable under this Agreement notwithstanding such assignment. (9) Notices. Any notice required or permitted to be given under this Agreement shall be in writing, addressed to the parties at the addresses set forth above in the opening paragraph of this Agreement, and sent either by certified mail, return receipt requested, via the United States Postal Service, or by a nationally recognized overnight delivery service. The postmark date, in the case of a mailed notice, or the date of deposit with the overnight delivery service, in the case of use of an overnight courier, shall be the effective date of such notice. A copy of any such notice sent to Seller shall be sent to Glenn, Feldmann, Darby & Goodlatte, Attention Maryellen Goodlatte at 37 Campbell Avenue, S.W., P.O. Box 2887, Roanoke, Virginia 24001, and a copy of any such notice sent to Purchaser shall be sent to the County Attorney, Ruth Ellen Kuhnel, Esq., at 5204 Bernard Drive, P.O. Box 29800, Roanoke, Virginia 24018. (10) Default; Damages, Letter of Credit to Assure Seller's Performance. (a) If Purchaser is ready, willing and able to close and tenders closing on the date set for Closing, but Seller fails to deliver to Purchaser's settlement agent on or ON before the Closing date the executed deed and other Closing documents required by paragraph (5) above and/or is unable to deliver to Purchaser exclusive possession of the Property as required by paragraphs (4) and (7) above and to proceed with Closing, then Seller shall be in default under this Agreement. (b) If Seller is ready, willing and able to close on the date set for Closing, but Purchaser fails to close, then Purchaser shall be in default under this Agreement. (c) Prior to the exercise of any default remedies provided in this paragraph (10), the non -defaulting party shall provide written notice of any default(s) to the defaulting party (the "Default Notice") permitting the defaulting party ten (10) business days to cure any such default(s). If the defaulting party does not cure the default(s) or does not respond to the Default Notice, then the non -defaulting party may take the actions permitted by subparagraphs (d) or (f), as applicable. (d) If Purchaser defaults under this Agreement, Escrow Agent shall deliver to Seller 0 the Initial Deposit and the Second Deposit, along with all accrued interest thereon, as liquidated damages resulting from Purchaser's default. (e) Seller acknowledges and agrees that Purchaser will, prior to the Closing date, through its employees and contractors have invested substantial time and money in preparing for the Closing and for the post -Closing rehabilitation and use of the Property; that it will be difficult to determine precisely the amount of that investment and of the other damages that Purchaser will incur as a result of being unable, due to Seller's default, to acquire, occupy and use the Property for the purposes it intends; but that those damages will be real and substantial. Seller and Purchaser therefore agree that the amount of $100,000 is a fair and 7 reasonable measure of the damages that Purchaser will suffer as a result of such a default by Seller. (f) Accordingly, to secure Seller's performance under this Agreement, Seller agrees that it will, no later than two business days immediately following the termination of the Title Cure Period (or, if Purchaser does not deliver a Title Exception notice to Seller, then no later than two business days following the termination of the Title Review Period) deliver to Purchaser an irrevocable letter of credit issued by a bank doing business in the Commonwealth of Virginia in favor of and on terms reasonably acceptable to Purchaser, in the amount of $100,000, as security for Seller's performance of its obligations under this Agreement ("the Letter of Credit"). The Letter of Credit shall provide that the face amount will be paid to Purchaser upon the submission by Purchaser of an affidavit, signed by Purchaser's County Administrator, stating the Seller has defaulted under this Agreement and has failed to timely cure such default in accordance with the provisions of the Agreement. If Seller defaults by failing to close, as described in subparagraph (a) above, Purchaser shall be entitled to (i) draw upon the Letter of Credit as liquidated damages for Seller's default and (ii) receive from the Escrow Agent an immediate refund of the Initial and Second Deposits, with any accrued interest, which sums shall together constitute full satisfaction of Purchaser's claim for damages against Seller on account of Seller's default. Seller's failure to deliver the Letter of Credit to Purchaser on or before the second business day next following the termination of the Title Cure Period or Title Review Period, as applicable, shall entitle Purchaser to terminate this Agreement immediately upon such failure and to receive an immediate refund of the Initial and Second Deposits. At Closing, Purchaser shall deliver to Seller a written authorization for the issuing bank to terminate the Letter of Credit. (11) Seller's Warranties. Seller represents and warrants to Purchaser that (a) Seller has full right and power to enter into and perform its obligations under this Agreement; (b) the person signing this Agreement on behalf of Seller has full authority to do so; (c) this Agreement constitutes the valid and binding agreement of Seller and is fully enforceable in accordance with its terms; (d) there are no actions, suits or proceedings at law or in equity pending, threatened against, or affecting the Property before or by any federal, state, municipal, or other governmental department, commission, board, bureau, agency, or instrumentality; and (e) to the best of Seller's actual knowledge: no toxic or hazardous materials (as said terms are defined in any applicable federal or state laws) have been used, discharged or stored on or about the Property in violation of said laws, no such toxic or hazardous materials are now or will be at Closing located on or below the surface of the Property, and there are no petroleum storage tanks located on or beneath the surface of the Property. Is V (12) Agents and Brokers. Each party represents and warrants that it did not consult or deal with any agent or broker with regard to this Agreement or the transaction contemplated herein except for the Listing Broker, and each party hereto agrees to indemnify and hold harmless the other party from all liability, expense, loss, cost or damage, including reasonable attorneys' fees, that may arise by reason of any claim, demand or suit of any agent or broker arising out of facts constituting a breach of the foregoing representation and warranty. By separate agreement, Seller has agreed to pay Listing Broker a commission at Closing for his services rendered. (13) Entire Agreement, Amendment, Governing. This Agreement contains the entire agreement of the parties with respect to its subject matter, and it shall not be amended except by a written amendment signed by both Seller and Purchaser. It shall be governed by and construed under the laws of the Commonwealth of Virginia. M (14) Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon and enforceable against the parties hereto and their respective personal representatives, heirs, successors and assigns. (15) AS IS. Except for the deed, any representations or warranties of Seller expressly set forth in this Agreement, and the requirement set forth in paragraph (7) above that trade fixtures and equipment be removed from the Property prior to Closing, the purchase and sale pursuant to this Agreement will be on an "AS IS," "WHERE IS," and "WITH ALL FAULTS" basis, with no representations, warranties, guarantees, or commitments of any kind whatsoever, express or implied, by Seller with respect to the Property, any improvements located on the Property or any matter relating to the Property. (16) ESCROW AGENT. By execution of this Agreement in the space provided at the end of this instrument, Escrow Agent hereby acknowledges receipt by Escrow Agent of the Initial Deposit paid by Purchaser to be applied towards the Purchase Price of the Property under the terms hereof. In the event of any disagreement between Purchaser and Seller resulting in any adverse claims and demands being made in connection with or for the monies involved herein or affected hereby, Escrow Agent shall be entitled to refuse to comply with any such claims or demands so long as such disagreement may continue; and in so refusing Escrow Agent shall make no delivery or other disposition of any of the monies then held by it under the terms of this Agreement, and in so doing Escrow Agent shall not become liable to anyone for such refusal; and Escrow Agent shall be entitled to continue to refrain from acting until (a) the rights of the adverse claimants shall have been finally adjudicated in a court of competent jurisdiction, or (b) all differences shall have been adjusted by agreement between Seller and Purchaser, and Escrow Agent shall have been notified in writing of such agreement signed by the parties hereto. Escrow Agent shall not be required to disburse any of the monies held by it under this Agreement unless in accordance with either a joint written instruction of Purchaser and Seller or as otherwise set forth in Paragraphs (2c), (3), (6), 10 (10d) or (10f) hereof. In the event Escrow Agent is in doubt as to its duties under this Agreement, Escrow Agent may interplead the Deposit(s) into a court of competent jurisdiction in the county wherein the Property is situated and the cost of such action, including Escrow Agent's attorneys' fees, shall be borne by the non -prevailing party in such interpleader action. Escrow Agent shall have no duties or obligations under this Agreement other than to hold and disburse the Deposit(s) in accordance with the terms hereof. The parties shall indemnify and save harmless the Escrow Agent from liabilities incurred in performing its obligations hereunder so long as the actions undertaken by Escrow Agent are performed in good faith; provided, however, this indemnity shall not extend to any act of negligence or willful malfeasance on the part of the Escrow Agent. WITNESS the signatures and seals of the parties as of the date first above written: Seller: HOLLINS COLD STORAGE, L.L.C. By: Title: Purchaser: ROANOKE COUNTY BOARD OF SUPERVISORS Thomas C. Gates Title: County Administrator Acknowledgment and Agreement of Escrow Agent: Escrow Agent: By: Name: Its: 11 ACTION NO. ITEM NO. 1.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: September 12, 2017 Ordinance authorizing the lease of the house and one acre of real estate (Tax Map No. 75.00-2-36) located at Happy Hollow Park at 6697 Mt. Chestnut Road in the Windsor Hills Magisterial District Doug Blount Director of Parks Recreation and Tourism APPROVED BY: Thomas C. Gates County Administrator ISSUE: Enact an ordinance authorizing the Department of Parks and Recreation to contract with a real estate manager who will lease and manage the Happy Hollow House and one (1) acre of real estate in the County's behalf. BACKGROUND: Mary Jane Burgess and her sister Cherie Burgess Shindell donated thirty-four and one half acres (34.5) and a house on January 29, 1985, to Roanoke County for the establishment of Happy Hollow Park located at 6697 Mt. Chestnut Rd. Happy Hollow is planted with a large variety of species of plants, including rhododendrons, azaleas, flowers, and fruit trees, making it a wilderness garden which blooms throughout the year. A house, which is located in the park, named "the Happy Hollow House", is approximately 1980 square feet and includes a detached guest room. The house has been rented twice during the last seventeen (17) years to two different tenants. On these two prior occasions, the Board has enacted ordinances, approving the leasing of the cabin to the specific tenants. DISCUSSION: The previous tenant ended his lease in June 2016. The Department of Parks, Recreation and Tourism, over the last 12 months, has made several repairs and Page 1 of 2 updates to the house and it is ready to be rented again. The park and house are remote and isolated in the Southwest part of Roanoke County. Staff recommends that it is in the best interest of Roanoke County to have a tenant in the house to protect the asset and property. Staff recommends that the Board enact an ordinance allowing the Department of Parks and Recreation to contract with a real estate manager who will lease and manage the property in the County's behalf. Further, instead of bringing the matter before the Board each time a lease ends, staff recommends that the ordinance grant authority to the Department of Parks and Recreation to coordinate leasing of the house on an ongoing basis. The house was advertised for lease on Roanoke Valley Association of Realtors website from June 5, 2017 to July 31, 2017. Suitable tenants desire to rent the house. There have been no changes since the first reading on August 22, 2017. FISCAL IMPACT: Based on the current market, the rent on the house will be $895 per month for the initial term of the lease for twenty-four (24) months. It is anticipated that the real estate manager will deduct $95 per month as their fee for managing the property. The rent revenue will replenish the maintenance account for this property and provide for future repair and capital needs. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the ordinance. Page 2 of 2 ! u;,l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 12, 2017 ORDINANCE AUTHORIZING THE LEASE OF THE HOUSE AND ONE ACRE OF REAL ESTATE (TAX MAP NO. 75.00-2-36), LOCATED AT HAPPY HOLLOW PARK AT 6697 MT. CHESTNUT ROAD WHEREAS, in 1985, the County acquired a single-family dwelling, located at 6697 Mt. Chestnut Road in the Windsor Hills Magisterial District, as part of the acquisition of Happy Hollow Park; and WHEREAS, this property, which is located adjacent to Happy Hollow Park, consists of approximately one acre of real estate with improvements, identified as Roanoke County Tax Map No. 75.00-2-36; and WHEREAS, the County leased this house in 2009 to tenants who have now vacated the premises; and WHEREAS, the Department of Parks and Recreation recommends that the County retain the services of a real estate management company to lease and manage the property; and WHEREAS, this property was advertised for lease from June 5, 2017 through July 31, 2017, and suitable tenants desire to rent the house; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on August 22, 2017; the second reading was held on September 12, 2017. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That this property consists of approximately one acre of real estate with improvements, identified as Roanoke County Tax Map No. 75.00-2-36; and 2. That it is in the County's best interests to retain the services of a real estate management company to lease and manage the property on an ongoing basis until such time as it may be necessary to utilize said property in connection with the Happy Hollow Park; and 3. That funds generated through the leasing of the property be placed in the Department of Parks and Recreation Ground Maintenance Budget; and 4. That the Director of the Department of Parks and Recreation, or his designee, is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the leasing and management of the property on an ongoing basis, all of which shall be upon forms approved by the County Attorney. Page 2 of 2 ACTION NO. ITEM NO. J.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: All open appointments BACKGROUND: September 12, 2017 Appointments to Committees, Commissions and Boards Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator 1. 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 Vinton Magisterial District Catawba Magisterial District: Supervisor Martha Hooker has recommended the reappointment of Sherry D. Lawrence to serve an additional two-year term to expire August 31, 2019. Confirmation has been added to the Consent Agenda. Windsor Hills Magisterial District: Supervisor Joseph P. McNamara has recommended the reappointment of Sam English to serve an additional two-year term to expire August 31, 2019. Confirmation has been added to the Consent Agenda. Page 1 of 2 At -Large (2) openings Staff has recommended the reappointment of Harvey Brookins as an At -Large appointee for an additional two-year term. This term will expire August 31, 2019. Confirmation has been added to the Consent Agenda. 2. Economic Development Authority (EDA) (appointed by District) Billy H. Branch, representing the Cave Spring Magisterial District has resigned. His four-year unexpired term ends September 26, 2017 The following four-year term expired on September 26, 2015: a) Greg Apostolou, representing the Hollins Magisterial District is eligible for reappointment 3. Library Board (appointed by District) The following four-year term expired on December 31, 2016 a) Heather Lawrence, representing the Vinton Magisterial District 3. Social Services Advisory Board (appointed by District) Barbara Long's four -term term representing the Cave Spring Magisterial District expired July 31, 2017. Supervisor Assaid has recommended her reappointment to a term that will expire July 31, 2021. Confirmation has been added to the Consent Agenda. Mike Bailey's four-year term representing the Hollins Magisterial District expired July 31, 2017. 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 iN AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 12, 2017 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K- 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 September 12, 2017, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of Minutes — June 6, 2017; June 27, 2017 2. Request to approve the Board of Supervisors budget development calendar for fiscal year 2018-2019 3. Resolution requesting acceptance of Laryn Lane and Leigh Lane into the Virginia Department of Transportation Secondary System 4. Confirmation of appointment to the Budget and Fiscal Affairs Committee (BFAC) (appointed by District); Social Services Advisory Board (appointed by District) 5. Confirmation of appointment of the parent representative to the Community Policy and Management Team (CPMT) Page 1 of 1 ACTION NO. ITEM NO. K.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 12, 2017 Request to approve the Board of Supervisors budget development calendar for fiscal year 2018-2019 Christopher R. Bever Director of Management and Budget Thomas C. Gates County Administrator Planning for the fiscal year 2018-2019 operating and capital budgets is underway. Attachment A is the budget development calendar detailing required Board of Supervisors actions, public hearings, budget work sessions, and briefings associated with both the operating and capital budgets. BACKGROUND: As part of the annual budget development process, the Office of Management and Budget prepares a budget development calendar for approval by the Board of Supervisors. While the calendar is subject to change, it provides the Board of Supervisors and County staff a clear timeline to meet all legal obligations associated with both the operating and capital budgets. FISCAL IMPACT: There is no fiscal impact associated with the approval of the budget development calendar. STAFF RECOMMENDATION: Staff recommends approval of the fiscal year 2018-2019 budget development calendar. Page 1 of 1 ATTACHMENT A Fiscal Year 2018-2019 Budget Development Calendar (dates subject to change) 1 of 2 Date Board Actions Public Hearings Briefings/Work Sessions 25 -Jul -17 Briefing: Budget and Fiscal Affairs Committee (BFAC) Introduction 22 -Aug -17 First reading of changes to the Approved FY 2018-2027 CIP (ordinance) 12 -Sep -17 Second reading of changes to the Approved FY 2018-2027 CIP (ordinance) Frst reading of 2017 bond issuance (ordinance) Approval of FY 2018-2019 budget development calendar (consent agenda) 26 -Sep -17 Second reading of 2017 bond Work Session: Fiscal Year 2016-2017 issuance (ordinance) Preliminary and Unaudited Year -End a Overview (Finance, Budget) 10 -Oct -17 v 4.1 24 -Oct -17 Work Session: County Fees and Charges for Services .y 8 -Nov -17 Work Session: CORTRAN (tentative) Work Session: Capital Improvement Program (CIP) Update 21 -Nov -17 Briefing: Fiscal Year 2016-2017 Audit Results (Finance) Work Session: Linking the Community Strategic Plan to the FY 2018-2019 Budget (tentative) 5 -Dec -17 Briefing: 2018 Reassessment and Regional Economic Conditions (Assessor, Budget) 19 -Dec -17 Work Session: Children's Services Act (CSA) Update 9 -Jan -18 Work Session: County Financial Polices (Finance, Budget, BFAC) 23 -Jan -18 Approval of updated County Briefing: County Administrator's financial policies (resolution) Proposed FY 2019-2028 Capital Improvement Program Presentation Work Session: FY 2018 Mid -Year Revenue and Expenditure Update; Fiscal Year 2018-2019 Budget Issues 13 -Feb -18 Work Session: FY 2018-2019 Revenue Outlook; County Fees & Charges for on Services Compendium 27 -Feb -18 Work Session: Budget and Fiscal Affairs Committee (BFAC) - Capital Improvement Program Work Session: FY 2019-2028 Capital Improvement Program 13 -Mar -18 Briefing: County Administrator's Proposed FY 2018-2019 Operating Budget Presentation 1 of 2 ATTACHMENT A Fiscal Year 2018-2019 Budget Development Calendar (dates subject to change) 2 of 2 Date Board Actions Public Hearings Briefings/Work Sessions 27 -Mar -18 Adoption of 2018 maximum tax Public Hearing: Effective Tax Work Session: Total Compenstation; rates (resolution) Rate (if necessary) Outside Agencies; Revenue (if Public Hearing: Maximum Tax necessary) Rate 10 -Apr -18 Adoption of 2018 tax rates (order) Public Hearing: Tax Rate Work Session: Departmental Budgets; Adoption Other General Fund Budgets Public Hearing: Operating and Captial Budgets (first of two) 24 -Apr -18 Work Session: Schools, CIP, Debt, Other/Follow-Up Items 8 -May -18 First reading of budget ordinances Public Hearing: Operating and o�n .y (total of five ordinances) Captial Budgets (two of two) Approval of School Board budget (resolution) 22 -May -18 Second reading of budget ordinances (total of five ordinances) Approval of operating and capital budgets, revenues and expenditures for County and Schools (resolution) 12 -Jun -18 Work Session: County/Town of Vinton Relationships 2 of 2 ACTION NO. ITEM NO. K.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 12, 2017 Resolution requesting acceptance of Laryn Lane and Leigh Lane into the Virginia Department of Transportation Secondary System Tarek Moneir Deputy Director of Development Thomas C. Gates County Administrator Resolution requesting the Virginia Department of Transportation (VDOT) accept Laryn Lane and Leigh Lane into the Secondary Road System BACKGROUND: This Resolution requests the Virginia Department of Transportation (VDOT) to accept, as described by the AM -4.3 form attached as Exhibit "B", 0.10 mile of Laryn Lane from the intersection with Towne Drive (Rt. 2062) to the intersection with Leigh Lane and 0.09 mile of Leigh Lane from the intersection with Laryn Lane (Rt. 2063) to the end of its cul-de-sac into the secondary road system. Laryn Lane and Leigh Lane are located within Hidden Valley Villas subdivision in the Cave Spring Magisterial District. Exhibit "A" contains the location map. DISCUSSION: The staff has inspected these road sections along with representatives of the Virginia Department of Transportation and finds these sections to be acceptable for inclusion in the Secondary Road System. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact to Roanoke County. The developer provides the Surety fee of $12,000 and Maintenance fee of $500 in addition to $1,000 administrative cost as required by VDOT. No is no additional cost to the County. STAFF RECOMMENDATION: The staff recommends that the Board approve a resolution requesting VDOT to accept the addition of Laryn Lane and Leigh Lane into the Secondary Road System. Page 2 of 2 Attachment A 1t OW JJ PROPOSED ADDITIONS (SHADED) DESCRIPTION LENGTH ROW WIDTH SERVICES As Listed in the AM 4.3 Miles Feet Feet Houses 1. Laryn Lane; From Int. of Route 2062 0.10 48 36 20 (Towne Drive); To: Int. Leigh Lane 2. Leigh Lane; From Int. Route 2063 (Laryn Lane); To: the end of its cul-de-sac. 0.09 40 28 12 ROANOKE COUNTY ACCEPTANCE OF LARYN LANE AND LEIGH LANE INTO DEPARTMENT OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION COMMUNITY DEVELOPMENT SECONDARY SYSTEM Attachment B In the County of Roanoke --------------------------------------- - - -- ------------------------------ - -------------------- By resolution of the governing body adopted September 12, 2017 The following VDOT Form AM -4.3 is hereby attached and incorporated as part of the governing body's resolution for - changes in the secondary system of state highways. A Copy Testee Signed (County Ofjlcial): Report of Changes in the Secondary System of State Highways ProiectlSubdivision Townes at Hidden Valley Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute. §33.2-705 Street Name andtor Route Number Laryn Lane, State Route Number 2063 Old Route Number: 0 --———————---——————————————————————----————————- • From: Intersection with Towne Drive To: Intersection with Leigh Lane, a distance of: 0.11 miles. Recordation Reference: INSTR #201403912 Right of Way width (feet) = 0 Street Name and/or Route Number Leigh Lane, State Route Number 2065 Old Route Number: 0 -------------------------------------------- • From: Intersection with Laryn Lane To: End, Cul-de-sac, a distance of: 0.07 miles. Recordation Reference: 1NSTR #201403912 Right of Way width (feet) = 0 VDOT Form AM -4.3 (4/2012007) Maintenance Division Date of Resolution: September 12, 2017 Page I of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 12, 2017 RESOLUTION REQUESTING ACCEPTANCE OF LARYN LANE AND LEIGH LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of state highways, pursuant to §33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 1 ACTION NO. ITEM NO. KA 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: September 12, 2017 Confirmation of appointment to the Budget and Fiscal Affairs Committee (BFAC) (appointed by District); Social Services Advisory Board (appointed by District) Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Confirmation of appointments DISCUSSION: Budget and Fiscal Affairs Committee (At -Large and District) Martha B. Hooker has recommended the reappointment of Sherry Lawrence, representing the Catawba District to fill an additional two-year term. This term will expire on August 31, 2019. Staff has recommended the reappointment of Harvey Brookins as an At -Large appointment to fill an additional two-year term. This term will expire on August 31, 2019. Supervisor Joseph P. McNamara has recommended the reappointment of Sam English representing the Windsor Hills District to fill an additional two-year term. This term will expire on August 31, 2019. Social Services Advisory Board George G. Assaid has recommended the reappointment of Barbara Long, representing the Cave Spring Magisterial District to fill an additional four-year term. This term will Page 1 of 2 expire July 31, 2021. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends confirmation of the above appointments. Page 2 of 2 ACTION NO. ITEM NO. K.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: September 12, 2017 Confirmation of appointment of the parent representative to the Community Policy and Management Team (CPMT) Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Confirmation of appointment DISCUSSION: The Community Policy and Management Team has recommended the appointment of Terri Janiga as a parent representive for a three-year term to expire June 30, 2020. Ms. Janiga has agreed to serve. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends confirmation of the above appointment. Page 1 of 1 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Unaudited Outstanding June 30, 2017 Additions Deletions General Obligation Bonds $ 3,640,935 $ - VPSA School Bonds 86,990,706 8,107,624 Lease Revenue Bonds 78,410,705 - Submitted By Approved By $ 169,042,346 $ Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator Outstanding September 12, 2017 $ 3,640,935 78,883,082 78,410,705 $ 8,107,624 - $ 160,934,722 2 0 0 � 0 � § 0 u k � � � . M 2 M � § Ob 0 u 2 0 m S c � M 2 2 0 � M c q 0 / 0 N M � M, LL Win■ & & 0 7 § § 7m a a k L k . ', F- § § F $ m M N u 0) 2 Ln Ln to co \ a a en en r ^ % k k , a 2 0) = q g k N © » 2 e 6 M \$ $ S # r co@ Q M b.0 3 CL J 3 % 3 k § \ / o / ± § \ { � \ � % k \ m 0) \ \ j \ / 2 ~ 3 % G K ul \ \ CL © @ '• 2 k & E 4 = e 41 m B a) oj a)\ § 0) Ln # #Ln / 2 k 2 L0 41 e B B G © , ° _ ° _ § � @ ® ® \ / mm ACTION NO. ITEM NO. 0.1 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: September 12, 2017 Work session to discuss 2017-2018 Transportation Funding Requests Arnold Covey Director of Community Development Thomas C. Gates County Administrator This time has been set aside to discuss 2017 - 2018 transportation funding requests, and upcoming Board of Supervisors review and consideration of supporting resolutions. 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U- U- E OO O O O p a o E O V O O O a O aA W W -0 W CL CL CL > � � � c0c c0c E � W OR a 0 a ,N a � a �o o °0 t N cc: LL- . \ -61 L a a � O 0 o � O O v �. :3 0.� � V W O CL N LW 07 w -61C3 .L .v a a 0 a ,N a � a �CN o o °0 O t N oc LL- L a a Ln � O 0 o � O O v 0.� 4-1 4-1 � V v w O CL N 0 0 m 0 N i CL z O � N .w LL- C) O a1 � i Ln CL U W LL H O N �i v W i CL I.7 ^""a W O W O O 4--1 W i O CL N AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 12, 2017 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Page 1 of 1