HomeMy WebLinkAbout12/4/2018 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, DECEMBER 4, 2018
RESOLUTION 120418-1 APPROVING THE ISSUANCE OF REVENUE
BONDS BY THE ECONOMIC DEVELOPMENT AUTHORITY OF
ROANOKE COUNTY IN AN AGGREGATE AMOUNT NOT TO EXCEED
$99,000,000 FOR THE BENEFIT OF RICHFIELD LIVING
WHEREAS, the Economic Development Authority of Roanoke County, Virginia
(the "Authority"), has approved the application of Richfield Living (the "Organization"), a
Virginia nonstock corporation, whose primary business address is 3615 West Main Street,
Salem, Virginia 24153 (the approximately 50 acres of land within the County of Roanoke,
Virginia, owned by the Organization at and adjacent to such address being referred to as
the "Campus"), requesting that the Authority issue up to $99,000,000 of its revenue bonds
in one or more series at one time or from time to time (the "Bonds") and loan the proceeds
of the Bonds to the Organization:
(1) to refinance the Authority's Revenue Bonds (Richfield Retirement
Community), Series 2008B (Tax -Exempt), the proceeds of which were used to finance or
refinance, in whole or in part:
(a) the acquisition, construction and equipping of an assisted living
facility located at 3939 Daugherty Road on the Campus,
(b) the construction and equipping of an assisted living facility located at
3706 Knollridge Road on the Campus,
(c) the construction and equipping of a professional building located at
3737 West Main Street on the Campus,
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(d) the construction and equipping of two buildings, each comprising
residential units for use as facilities for the residence of the aged
located on the Campus, and
(e) other costs associated with the foregoing, including, without
limitation, costs of issuance, credit enhancements, capitalized
interest and working capital;
(2) to refinance a taxable loan from Branch Banking and Trust Company, the
proceeds of which were used to finance or refinance, in whole or in part:
(a) the renovation and construction of a former assisted living building
into a short-term rehabilitation facility;
(b) renovation of and improvements to common areas in The Oaks
assisted living facility on the Campus; and
(c) paying certain costs and expenses associated with the loan.
(3) to refinance a taxable line of credit from Branch Banking and Trust
Company, the proceeds of which were used to interim finance or refinance, in whole or in
part the costs financed and refinanced under (2) above, routine maintenance expenses
on the Campus and other Campus -related improvements;
(4) to finance the acquisition, construction, demolition, renovation and
equipping of various buildings on the Campus, including the construction of new
independent living units, the reconfiguration of a transitional care facility and a
replacement nursing facility, all located on the Campus; and
(5) to finance, if and as needed, capitalized interest on the Bonds, a debt
service reserve fund for the Bonds, costs of issuance related to the issuance of the Bonds,
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working capital, routine capital expenditures at the Campus and other related costs
(collectively (1) — (5) above, the "Plan of Finance")
WHEREAS, the Authority held a public hearing on October 24, 2018, regarding the
Plan of Finance;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended
(the "Code"), provides that the governmental unit having jurisdiction over the issuer of
private activity bonds and over the area in which any facility financed with the proceeds
of private activity bonds is located must approve the issuance of the bonds and Section
15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2,
Code of Virginia of 1950, as amended (the "Act"), sets forth the procedure for such
approval;
WHEREAS, the Authority issues its bonds on behalf of the County of Roanoke,
Virginia (the "County"), and the facilities to be financed and refinanced with the proceeds
of the Bonds are located in the County and the Board of Supervisors of the County of
Roanoke, Virginia (the "Board"), constitutes the highest elected governmental unit of the
County;
WHEREAS, the Authority has recommended that the Board approve the Plan of
Finance and the issuance of the Bonds, solely to the extent required by Section 147(f) of
the Code and Section 15.2-4906 of the Act; and
WHEREAS, a copy of the Authority's inducement resolution approving the
issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public
hearing and a Fiscal Impact Statement have been filed with the Board.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Subject to paragraph (2) below, the Board hereby approves the issuance of the
Bonds, in an aggregate principal amount up to $99,000,000, by the Authority for the
benefit of the Organization, solely to the extent required by Section 147(f) of the Code
and Section 15.2-4906 of the Act, to permit the Authority to assist in accomplishing the
Plan of Finance.
2. The Bonds may be issued before or after December 31, 2018; however, no
Bonds shall be issued after December 31, 2019, unless a subsequent authorization is
provided by the Board.
3. The approval of the issuance of the Bonds does not constitute an endorsement
to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Finance or
the Organization. In accordance with the Act, the Bonds shall not be deemed to constitute
a debt or a pledge of the faith and credit or taxing power of the Commonwealth of Virginia
or any political subdivision thereof, including the Authority and the County.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, Radford Peters, Hooker
NAYS: None
A GORY TESTE:
Deborah C. Jacks(/
Chief Deputy ClerV to a Board of Supervisors
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cc: Rebecca Owens, Director of Finance
Jill Loope, Director of Economic Development
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 4, 2018
ORDINANCE 120418-2 APPROVING THE PURCHASE OF 1923
TIMBERVIEW ROAD (TAX MAP NUMBER 036.10-01-11.00-0000) AND 0
TIMBERVIEW ROAD (TAX MAP NUMBER 036.10-01-11.01-0000) FROM
THE MARGARET R. HINCHEE REVOCABLE LIVING TRUST and
LLOYD M. HINCHEE REVOCABLE LIVING TRUST AND AUTHORIZING
THE EXECUTION OF A CONTRACT OF PURCHASE
WHEREAS, the Margaret R. Hinchee Revocable Living Trust and Lloyd M.
Hinchee Revocable Living Trust jointly own two (2) parcels of real property situated on
Timberview Road, in Roanoke County, Virginia (Catawba Magisterial District), bearing
Official Tax Map Numbers 036.10-01-11.00-0000 (1923 Timberview Road, which
contains 1.349 acres), and 036.10-01-11.01-0000 (0 Timberview Road, which contains
0.357 acre); and
WHEREAS, the Margaret R. Hinchee Revocable Living Trust and Lloyd M.
Hinchee Revocable Living Trust desire to sell these two properties to the County and the
County desires to acquire these properties for the purposes of developing, constructing,
operating and maintaining a public park and greenway system; and
WHEREAS, a purchase agreement has been prepared between the Margaret R.
Hinchee Revocable Living Trust, Lloyd M. Hinchee Revocable Living Trust and the
County, providing for the purchase of the property in "as is" condition at a total purchase
price of $36,900 for both of the above-mentioned parcels located on Timberview Road
Road; and
WHEREAS, the County has received a grant from the Virginia Department of
Conservation and Recreation's ("DCR") Virginia Land Conservation Foundation (VLCF);
VLCF awards grants to help fund the purchase of permanent conservation easements,
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open spaces and parklands, lands of historic or cultural significance, farmlands and
forests, and natural areas; and
WHEREAS, VLCF and Roanoke County entered a Grant Program Project
Contractual Agreement, dated 2-01-18, in which Roanoke County agreed to dedicate the
two parcels to open -space use (upon the County's purchase of the parcels) in exchange
for VLCF's agreement to provide grant funding to acquire the two properties; and
WHEREAS, Section 18.04 of the Roanoke County Charter requires that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading for this ordinance was held on November 20, 2018. The second reading of
this ordinance was held on December 4, 2018.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows -
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ollows:
1. That the purchase of 1923 Timberview Road (Tax Map No. 036.10-01-
11.00-0000; containing 1.349 acres) and 0 Timberview Road (Tax Map No. 036.10-01-
11-01-0000; containing 0.375 acre) from the Margaret R. Hinchee Revocable Living Trust
and the Lloyd M. Hinchee Revocable Living Trust, is hereby approved; and
2. That the County Administrator or any Assistant County Administrator are
hereby authorized to execute such documents 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.
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On motion of Supervisor North to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, Radford, Peters, Hooker
NAYS: None
A WWY TESTE:
Deborah C. Jacks/ i,
Chief Deputy Clerk t4 th Board of Supervisors
cc: Doug Blount, Director of Parks, Recreation and Tourism
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 4, 2018
RESOLUTION 120418-3.a ESTABLISHING A MEETING SCHEDULE
FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR
CALENDAR YEAR 2019
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows -
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ollows:
1. That for calendar year 2019, the regular meetings of the Board of
Supervisors of Roanoke County, Virginia, are set forth below with public hearings
scheduled for 7:00 p.m. unless otherwise advertised.
Tuesday, January 8, 2019 at 2:00 pm (Organizational Meeting)
Tuesday, January 8, 2019 at 3 pm
Tuesday, January 22, 2019 at 3 pm and 7 pm
Tuesday, February 12, 2019 at 3 pm
Tuesday, February 26, 2019 at 3 pm and 7 pm
Tuesday, March 12, 2019 at 3 pm
Tuesday, March 26, 2019 at 3 pm and 7 pm
Tuesday, April 9, 2019 at 3 pm
Tuesday, April 23, 2019 at 3 pm and 7 pm
Tuesday, May 14, 2019 at 3 pm
Tuesday, May 28, 2019 at 3 pm and 7 pm
Tuesday, June 11, 2019 at 3 pm
Tuesday, June 25, 2019 at 3 pm and 7 pm
Tuesday, July 23, 2019 at 3 pm and 7 pm
Tuesday, August 27, 2019 at 3 pm and 7 pm
Tuesday, September 10, 2019 at 3 pm
Tuesday, September 24, 2019 at 3 pm and 7 pm
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Tuesday, October 8, 2019 at 3 pm
Tuesday, October 22, 2019 at 3 pm and 7 pm
Wednesday, November 6, 2019 at 3 pm
Tuesday, November 19, 2019 at 3 pm and 7 pm
Tuesday, December 3, 2019 at 3 pm
Tuesday December 17, 2019 at 3 pm and 7 pm
2. That the organizational meeting for 2020 shall be held on Tuesday,
January 14, 2020, at 2:00 p.m.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
North and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, Radford Peters, Hooker
NAYS: None
TESTE:
Deborah C. Jack$ ,
Chief Deputy Cler t the Board of Supervisors
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 4, 2018
RESOLUTION 120418-3 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for December 4,
2018, designated as Item I - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Item 1 as follows:
1. Resolution establishing a meeting schedule for the Board of Supervisors of
Roanoke County for calendar year 2019
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
North and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, Radford Peters, Hooker
NAYS: None
A COPY TESTE:
Deborah C. Jack
Chief Deputy Clerk o e Board of Supervisors
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 4, 2018
RESOLUTION 120418-4 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.
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On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
Peters and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, Radford Peters, Hooker
NAYS: None
uenoran L;. jac
Chief Deputy C
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xs
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, DECEMBER 4, 2018
RESOLUTION 120418-5 APPOINTING THE COUNTY ADMINISTRATOR
AND APPROVAL OF AN EMPLOYMENT AGREEMENT
WHEREAS, Section 4 of the Roanoke County Charter provides for the
appointment of a County Administrator, his or her powers and duties, compensation and
tenure of office; and
WHEREAS, Section 15.2-1540 of the Code of Virginia provides for the
appointment of a chief administrative officer by the governing body of that locality; and
WHEREAS, Section 15.2-1541 of the Code of Virginia establishes the various
duties and responsibilities of the administrative head of the local government; and
WHEREAS, an employment agreement between the County Administrator and
the Board of Supervisors has been negotiated.
NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of
Roanoke County, Virginia, as follows -
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ollows:
1. That Daniel R. O'Donnell is hereby appointed County Administrator for
Roanoke County, and that his/her tenure shall commence on or before January 5, 2019.
2. That Daniel R. O'Donnell shall exercise all of the powers and fulfill all of
the duties and obligations of County Administrator as provided in the Roanoke County
Charter, the Code of Virginia, the position description, the policies and regulations
adopted by the Board and the legal directives of the Board.
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3. That the employment agreement negotiated between the Board and
Daniel R. O'Donnell is hereby approved, and the Chairman of the Board is hereby
authorized to execute this agreement of behalf the Board.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
North and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, Radford Peters, Hooker
NAYS: None
A,COIPY TESTS:
borah C. Jacks/
Chi f Deputy Clerka Board of Supervisors
cc: Ruth Ellen Kuhnel, County Attorney
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