HomeMy WebLinkAbout6/9/2020 - Regular - DRAFT
June 9, 2020
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the first,
regularly scheduled meeting of the month of 2020. Audio and video recordings of this
meeting will be held on file for a minimum of five (5) years in the office of the Clerk to
the Board of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order, a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Radford called the meeting to order at 3:00 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman David F. Radford; Supervisors Martha B. Hooker,
Paul M. Mahoney, Phil C. North and P. Jason Peters
MEMBERS ABSENT: None
STAFF PRESENT: Daniel R. O’Donnell, County Administrator; Richard
Caywood, Assistant County Administrator; Rebecca Owens,
Assistant County Administrator; Peter S. Lubeck, County
Attorney; Amy Whittaker, Public Information Officer and
Deborah C. Jacks, Chief Deputy Clerk to the Board
IN RE: PUBLIC HEARINGS
1. Public hearing for citizen comment on the proposed fiscal year
2020-2021 Operating Budget and the proposed fiscal year 2021-
2030 Capital Improvement Program (Laurie Gearheart, Director of
Finance and Management Services)
Chairman Radford opened and closed the public hearing with no citizens
to speak regarding this public hearing.
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IN RE: FIRST READING OF ORDINANCES
1. Ordinances to appropriate funds for:
(a) Fiscal year 2020-2021 operations budget and approval of the
Classification and Pay Plan for fiscal year 2020-2021 for the
County of Roanoke, Virginia;
Supervisor Hooker noted as she has discussed in the past, she is an
employee with Roanoke County Public Schools and after consulting with the County
Attorney and Commonwealth Attorney, they have advised her that is no conflict in her
participation in this vote.
Supervisor Mahoney’s motion to approve the first reading and set the
second reading for June 23, 2020, was seconded by Supervisor North and approved by
the following vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
(b) Fiscal year-2021 capital budget for the County of Roanoke,
Virginia;
Supervisor Hooker’s motion to approve the first reading and set the
second reading for June 23, 2020, was seconded by Supervisor North and approved by
the following vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
(c) Fiscal year-2021 transfer to and on behalf of the Roanoke County
Public Schools budget for the County of Roanoke, Virginia
Supervisor North’s motion to approve the first reading and set the second
reading for June 23, 2020, was seconded by Supervisor Hooker and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
(d) Fiscal year-2021 operations budget for Roanoke County Public
Schools; and
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Supervisor Peters’ motion to approve the first reading and set the second
reading for June 23, 2020, was seconded by Supervisor Mahoney and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
(e) Fiscal year 2020-2021 capital budget for Roanoke County Public
Schools (Laurie Gearheart, Director of Finance and Management
Services)
Supervisor North’s motion to approve the first reading and set the second
reading for June 23, 2020, was seconded by Supervisor Hooker and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
2. Ordinance accepting and appropriating funds in the amount of
$8,217,365 from the Commonwealth of Virginia for the locally-
based allocation distributed as a component of the Coronavirus
Aid, Relief, and Economic Security (CARES) Act of 2020 (Laurie
Gearheart, Director of Finance and Management Services)
Ms. Gearheart outlined the request for the appropriation ordinance. There
was no discussion.
Supervisor Peters’ motion to approve the first reading and set the second
reading for June 23, 2020, was seconded by Supervisor Hooker and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
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IN RE: SECOND READING OF ORDINANCES
1. Ordinance authorizing the County Administrator to finalize and
execute a lease agreement to include an option to purchase
property and finalize and execute a subsequent purchase
agreement if the procurement option is exercised for property
located at 2741 Penn Forest Boulevard, Roanoke, Virginia; Cave
Spring Magisterial District (Rob Light, Director of General
Services)
Mr. Light advised no changes since first reading. There was no
discussion.
ORDINANCE 060920-1 AUTHORIZING THE COUNTY
ADMINISTRATOR TO FINALIZE AND EXECUTE A LEASE
AGREEMENT TO INCLUDE AN OPTION TO PURCHASE
PROPERTY AND FINALIZE AND EXECUTE A SUBSEQUENT
PURCHASE AGREEMENT IF THE PROCUREMENT OPTION IS
EXERCISED FOR PROPERTY LOCATED AT 2741 PENN
FOREST BOULEVARD, ROANOKE, VIRGINIA; CAVE SPRING
MAGISTERIAL DISTRICT
WHEREAS, DeaconHoo, LLC (the “Owner”) is the owner of +/- .43 acres located
at 2741 Penn Forest Boulevard in Roanoke County, Virginia, County of Roanoke Tax
Parcel No. 087.07-03-07.01-0000 in the Cave Spring Magisterial District; and
WHEREAS, the Board of Supervisors of Roanoke County has determined that it
is in the public interest to lease and have the option to purchase the office building on
property adjacent to other property owned by the County, including the Roanoke County
Administration Center; and
WHEREAS, the need to lease the Premises located at 2741 Penn Forest
Boulevard is precipitated by the COVID-19 pandemic and the public health emergency
that has resulted and the Board intends, inter alia, to relocate the health clinic that
provides primary and acute care to County employees to the Premises at 2741 Penn
Forest Boulevard in an effort to avoid spread of coronavirus and other contagious
conditions among persons working in and receiving government services in the
Roanoke County Administration Center; and
WHEREAS, the Board of Supervisors and the Owner negotiated a two-year
lease at a rate of $2,611.98 per month, and with an option to purchase at a contract
price of $345,000 at any time during or at the conclusion of the initial lease term or
during renewal terms; and
WHEREAS, the Lease Agreement and Option to Purchase provide the County
with the opportunity to place certain essential County operations in a building adjacent
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to the County Administration Center to maximize efficiency of operations, and the
Option to Purchase will allow the County to utilize a due diligence period (Inspection
Period) for any necessary surveys, inspections, surface and subsurface explorations,
tests, and other site evaluations and analyses; and
WHEREAS, the Lease Agreement with Option to Purchase provides the County
with the immediate opportunity to consolidate certain essential County operations in
close proximity to the County Administration Center with the longer term option to
Purchase the Premises once fiscal conditions permit; 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 May 26, 2020; and the second reading to be
held on June 9, 2020.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Lease Agreement, and Option to Purchase acquisition of the +/- .43
acres of real estate located on at 2741 Penn Forest Boulevard in Roanoke
County, Virginia, in the Cave Spring Magisterial District (Tax Map No. 087.07-
03-07.01-0000) is hereby authorized and approved at the initial monthly lease
rate of $2,611.98 and a contract purchase price of $345,000.
2. Funding for the purchase is available for use in the Capital Fund for Fiscal
Year 2019-20 or, alternatively, should federal funds related to disaster
recovery from the COVID-19 pandemic become available for this Lease
and/or Purchase, such funds may be used for lease or purchase of this
property.
3. That the County Administrator or Assistant County Administrator are hereby
authorized to execute such documents, including but not limited to the initial
Lease and Option to Purchase, the purchase contract, and any other
incidental documents in substantially the form submitted to this meeting, with
such revisions as he in his discretion deem in the best interests of the County,
required for completion of this transaction 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.
On motion of Supervisor North to adopt the ordinance, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
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2. Ordinance of the Board of Supervisors of the County of Roanoke,
Virginia authorizing County support of refinancing by the Western
Virginia Regional Industrial Facility Authority (Rebecca Owens,
Assistant County Administrator)
Ms. Owens advised there were no changes since the first reading on May
26, 2020. There was no discussion.
ORDINANCE 060920-2 OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF ROANOKE, VIRGINIA AUTHORIZING
COUNTY SUPPORT OF REFINANCING BY THE WESTERN
VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY
WHEREAS, the Western Virginia Regional Industrial Facility Authority (the
“Authority”) is a political subdivision of the Commonwealth of Virginia duly created
pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the
Code of Virginia of 1950, as amended (the “Act”); and
WHEREAS, the Act authorizes the Authority to borrow money to pay the costs of
real estate and facilities for manufacturing, warehousing, distribution, office or other
commercial purposes in order to promote economic development in the geographical
area served by the Authority, to accept funds from counties, cities and towns and use
the same for Authority purposes, to make loans and to enter into contracts of any kind
to accomplish the purposes of the Authority and the Act further authorizes the Authority
to issue bonds to refund any of its bonds then outstanding; and
WHEREAS, in order to further the purposes of the Act, on or about October 14,
2016 the Authority issued its $10,000,000 Revenue Bond, Series 2016 (the "2016
Bond") to finance the acquisition of interests in land and related improvements and
facilities, including necessary expenses incidental thereto (collectively, the “Project”);
and
WHEREAS, the County of Roanoke, Virginia (the "County"), the City of
Roanoke, Virginia and the City of Salem, Virginia (together with the County,
collectively the "Participants" and each individually, including the County, a
"Participant") each agreed in 2016 to provide financial support for the Project; and
WHEREAS, the 2016 Bond is a limited obligation of the Authority payable from
the revenues and receipts of the Authority to be received under support agreements
with the City of Roanoke (being a general obligation of the City of Roanoke), with the
City of Salem (being a general obligation of the City of Salem) and with Roanoke
County (being a subject to annual appropriation commitment of Roanoke County
secured by a lease of the Roanoke County Government Center); and
WHEREAS, the Authority desires to refund and refinance the 2016 Bond in order
to achieve debt service savings and reduce payments made by the Participants in
support of the Project, and the Authority has determined to issue pursuant to the terms
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of a Bond Purchase and Loan Agreement dated as of June 15, 2020 (the "Bond
Purchase and Loan Agreement") between the Authority and Atlantic Union Bank (the
“Bank”), its Revenue Refunding Bond, Series 2020 in the maximum principal amount
of $10,450,000 (the “Refunding Bond”) and to use the proceeds thereof to finance
costs incurred in connection with the Project and to pay certain costs of issuance of the
Refunding Bond; and
WHEREAS, such Refunding Bond will be secured by a pledge of the revenues
and receipts received by the Authority from payments made by the County pursuant to
the Refunding Support Agreement and the Lease Agreement (each as defined below)
and payments made by the other Participants pursuant to separate refunding support
agreements between the Authority and the other Participants as further described
herein, such payments from the County to constitute a percentage of amounts due
under the terms of the Refunding Bond and the Bond Purchase and Loan Agreement
(the "Roanoke County Portion of Support"); and
WHEREAS, payments from other Participants in support of payments due in
connection with financing of the Project will be due in the percentages set forth in the
Bond Purchase and Loan Agreement from the City of Roanoke and the City of Salem,
and the obligation of the Authority to pay principal and interest on the Refunding Bond
will be limited to payments received from the Participants in accordance with the terms
of the Bond Purchase and Loan Agreement; and
WHEREAS, all such payments from the Participants (including the Roanoke
County Portion of Support) have been assigned from the Authority to the Bank for the
payment of debt service on the Refunding Bond pursuant to an Assignment Agreement
between the Authority and the Bank, dated as of June 15, 2020 (the “Assignment
Agreement”); and
WHEREAS, the Authority will lease the Leased Property (as defined below) from
the County for an approximately 23 year term under the Ground Lease (as defined
below) and in turn, lease the Leased Property to the County for approximately 17 years
under the Lease Agreement (as defined below), and the Roanoke County Portion of
Support will be secured by an assignment of the Authority's rights under such lease
agreements to the Bank (except the right to receive indemnification, to receive notices
and to give consents and to receive its administrative expenses) under the Assignment
Agreement, which is to be acknowledged and consented to by the County;
WHEREAS, there have been presented to this meeting drafts of the following
documents (collectively, the “Documents”) in connection with the transactions
described above, copies of which shall be filed with the records of the Board of
Supervisors:
a. a Ground Lease, dated as of June 15, 2020, between the County and the
Authority (the “Ground Lease”) conveying to the Authority a leasehold
interest in the selected property, as described therein (the “Leased
Property”);
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b. a Lease Agreement, dated as of June 15, 2020, between the Authority and
the County (the “Lease Agreement”) conveying to the County a leasehold
interest in such Leased Property;
c. a Refunding Support Agreement between the Authority and the County, dated
as of June 15, 2020 (the "Refunding Support Agreement") setting forth the
County's moral obligation toward payment of rent payments under the Lease
Agreement in amounts equal to the Roanoke County Portion of Support;
d. the Bond Purchase and Loan Agreement;
e. the Assignment Agreement, assigning to the Bank certain of the Authority’s
rights under the Refunding Support Agreement, the Lease Agreement and the
Ground Lease, which is to be acknowledged and consented to by the County
(the “Assignment Agreement”);
f. a Specimen Refunding Bond; and
WHEREAS, the first reading of this ordinance was held on May 26, 2020 and the
second reading of this ordinance was held on June 9, 2020.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia:
1. The following plan for financing is approved. The Authority shall use the
proceeds from the issuance of the Refunding Bond to refinance the Project.
The Authority shall lease the Leased Property from the County for a lease term
of approximately \[25\] years and lease the Leased Property to the County for a
lease term not less than the term of the Refunding Bond at a rent sufficient to
pay when due the Roanoke County Portion of Support. The obligation of the
Authority to pay principal and interest on the Refunding Bond will be limited to
payments received from the Participants in accordance with the terms of the
Bond Purchase and Loan Agreement. The obligation of the County to pay the
Roanoke County Portion of Support will be subject to the Board of Supervisors
of the County making annual appropriations for such purpose. The amount of
the Roanoke County Portion of Support designated for support of the principal
amount of the Refunding Bond shall not exceed $5,000,000. The Board of
Supervisors on behalf of the County will set forth in the Refunding Support
Agreement its moral obligation toward the payment of the Roanoke County
Portion of Support. If the Board of Supervisors exercises its right not to
appropriate money for rent payments due under the Lease Agreement in the
amount of the Roanoke County Portion of Support, the bondholder may
terminate the Lease Agreement or otherwise exclude the County from
possession of the Leased Property. The issuance of the Refunding Bond on
the terms set forth in the Bond Purchase and Loan Agreement is hereby
approved.
2. The Board of Supervisors hereby approves, acknowledges and consents to,
as appropriate, the Documents in substantially the forms submitted to this
meeting with such completions, omissions, modifications, insertions and
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changes as may be approved by the Chairman or Vice Chairman of the Board
of Supervisors or the County Administrator, whose execution of the
Documents to be signed by the County shall be conclusive evidence of such
approval, acknowledgement and consent. The final terms and interest rate of
the Refunding Bond in a maximum principal amount of $10,450,000 will be
approved as authorized by the Authority.
3. Any authorization herein to execute a document shall include authorization to
deliver it to the other parties thereto and to record such document where
appropriate.
4. The Board of Supervisors finds and determines that the Project is in
furtherance of lawful purpose and objectives and will be in the public interest,
will benefit the citizens of the County, will increase commerce and will promote
the safety, health, welfare, convenience and prosperity of the County and its
citizens.
5. The Chairman or Vice Chairman of the Board of Supervisors, or either of them,
and the County Administrator and Clerk of the Board of Supervisors are each
hereby authorized and directed to execute the Documents to be signed by the
County as described above and such other instruments, agreements and
documents as are necessary to the proper execution and delivery of the
Refunding Support Agreement, to lease the Leased Property and to create
and perfect a complete assignment of the rents and revenues due or to
become due in favor of the Bank in accordance with the Refunding Support
Agreement and the Lease Agreement. The officers, employees and
representatives of the County are authorized and directed to work with
representatives of the Authority, the Bank, the Authority's financial advisor, the
Authority's bond counsel and representatives of the other Participants to take
such actions, authorize such services and prepare all documentation
(including but not limited to fulfilling Bank title search and other requirements
related to the Leased Property) necessary to issue the Refunding Bond in
accordance with the Documents and to otherwise carry out the intent of this
Ordinance.
6. All other acts of the officers, employees, agents and representatives of the
County that are in conformity with the purposes and intent of this Ordinance
and in furtherance of the issuance and sale of the Refunding Bond, the leasing
of the Leased Property, the execution and delivery of the Documents and the
undertaking of the Project are hereby approved, ratified and confirmed.
7. Nothing in this Ordinance, the Refunding Bond or any documents executed or
delivered in relation thereto shall constitute a debt or a pledge of the faith and
credit of the County, and the County shall not be obligated to make any
payments under or in relation to the Documents except from payments made
by or on behalf of the County under the Lease Agreement pursuant to annual
appropriation thereof in accordance with applicable law. The Board of
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Supervisors, while recognizing that it is not empowered to make any binding
commitment to make appropriations beyond the current fiscal year, hereby
states its intent to make annual appropriations in future fiscal years in amounts
sufficient to pay the Roanoke County Portion of Support and hereby
recommends that future Boards of Supervisors do likewise during the term of
the Refunding Bond.
8. This Ordinance shall take effect immediately.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Peters and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 060920-3 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM G- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for June 9,
2020, designated as Item G - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 6 inclusive, as follows:
1. Approval of minutes – May 26, 2020
2. Confirmation of appointment to the Roanoke Valley Greenway Commission
(At-Large); Roanoke County Planning Commission (District)
3. Request to approve a fiscal agent agreement with the Roanoke Valley
Resource Authority
4. Request to approve a fiscal agent agreement with the Western Virginia
Regional Jail Authority
5. Request to approve fiscal agent agreement for the Regional Center for
Animal Care and Protection (RCACP)
6. Request to accept and allocate the Washington/Baltimore High Intensity Drug
Trafficking Grant funds in the amount of $64,375 to the Roanoke County
Police Department for the Roanoke Valley Regional Drug Unit
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
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AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
A-060920-3.a
A-060920-3.b
A-060920-3.c
A-060920-3.d
A-060920-3.e
IN RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor North and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Hooker thanked all of our staff who have worked hard during
this difficult year, with all these strange things that have been going on and difficult
times and especially to Police and first responders. Our police department in particular
for working diligently for us and for also helping our neighbors. Just wanted to give
them a shout out.
Supervisor North thanked all the regional members of the Transportation
Policy Organization for the Allegheny Roanoke Regional Commission for the three
County, Virginia VDOT Smart Scale road applications along Route460 in East Roanoke
County. We do appreciate support. These applications are due August 1, 2020, and if
approved by the Commonwealth Transportation Board next June 2021 will help improve
the safety and fluidity along the regions’ third busiest corridor. Targeted improvements
are fiscal year 2025, if approved. Also if approved, will have a STBG federal funding
component of $5 million for a total of $25 million State and Federal funds with no
County funds required. Along these same lines, on June 2, 2020, County staff, VDOT
and I met with Bonsack Baptist staff to go over one of the three projects involving Rt.
460 and 220 intersection plans.
Supervisor Radford announced that the new Mac trucks will roll off the line
starting September 1, 2020, in the Catawba District. We look forward to that. It is great
news. Recently, The National Association of Counties recognized Roanoke County for
an achievement award for its public schools planning workshop program. It is a
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collaboration between Roanoke County, the City of Roanoke and the Roanoke County
Public Schools and met the goal of soliciting public input from citizens, including
students and teachers, under age 50 while simultaneously exposing them to the
planning profession. This input received was tied into the County’s Oak Grove Center
Plan, which envisions future development, transportation and public amenities involving
in small group mapping exercises. This collaboration has opened the door for future
regional cooperation and planning efforts. Lastly, our country has been going through a
lot of turmoil since the last time we met two weeks ago and he went to a prayer meeting
on Sunday, June 7, 2020. He went there with the Mayor of Roanoke City and also the
Chief of Police was there. First Baptist Church of Roanoke hosted the event. They
thought it was very important to invite the black leadership community to the church that
night. It was a great two and a half hours to hear everybody speak. The main speaker
was Dr. Allen McFarland, who is the senior pastor at Calvary Evangelical Baptist
Church. He put a post on his Facebook page about his talk, but this is what he came
away with. He is talking to us as if we are having a sermon. He said that we want to
make a difference. If we want to be a difference maker, we want to demonstrate our
love and our encouragement to tall and yes, he mentioned that black lives matter, but
he also said from God’s perspective, all of our lives matter. So, he was trying to tie us
all together that night. He did a beautiful job, excellent to hear him. He is also a
Trustee on the Liberty University Board. He is a great individual to hear talk and bring
us together for two and a half hours. He thoroughly enjoyed it. He thought it was well
intended after what we saw happen in the town of Minneapolis a couple of weeks ago.
IN RE: ADJOURNMENT
Chairman Radford adjourned the meeting at 3:28 p.m.
Submitted by: Approved by:
________________________ ___________________________________
Deborah C. Jacks David F. Radford
Chief Deputy Clerk to the Board Chairman