HomeMy WebLinkAbout6/6/2017 - Adopted Board Records
ACTION NO. A-060617-1
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:June 6, 2017
AGENDA ITEM:Request to approve final documents to facilitate thetransfer
of the former Wm Byrd High School Property to Developer
SUBMITTED BY:Ruth Ellen Kuhnel
County Attorney
ISSUE:
Developer’s lender is requiring additional documents from Roanoke County to finalize
the transfer of property.
BACKGROUND:
Roanoke County entered into a contract with Waukeshaw Development, Inc. on April 7,
2016,to purchase the former William Byrd High School property. The contract was
between Waukeshaw Development, Inc. and Roanoke County Board of Supervisors,
while the performance agreement, entitled Development Agreement, was between
Waukeshaw Development, Inc., Roanoke County Board of Supervisors and Roanoke
County Economic Development Authority.
DISCUSSION:
The contract purchaser of the former William Byrd High School property, Waukeshaw
Development, Inc., is finalizing documents with the lender, Virginia Credit Union, Inc. to
transfer the property. Three items surfaced,which require Board action to achieve a
June 7, 2017 closing:
1.Assignment Agreements for both the Contract and Development Agreement
assigningthe documents to WM BYRD, LLC.
2.Amendment to Development Agreement reflecting the current time frame
requirement that the developer must begin construction by December 31, 2017.
(Original agreement required completion by December 31, 2017); and
3.Collateral Assignment of Development Agreement which allows the Lender,
Virginia Credit Union, Inc. to receive the remaining Economic Development
Page 1of 2
Incentive Grant funds to complete the project, in the eventof the developer’s
default.
FISCAL IMPACT:
None of these actions creates any fiscal obligations to Roanoke County. The Economic
Development Authority will also need to approve the Collateral Assignment Agreement
which addresses the financial commitment to the developer.
STAFF RECOMMENDATION:
Staff recommends approving this Board action.
VOTE:
Supervisor McNamara moved to approve the staff recommendation to approve final
documents for the former William Byrd HighSchool property and Supervisor Assaid
seconded the motion. Motion approved.
YesNoAbsent
Mr. Assaid
Mr. Bedrosian
Ms. Hooker
Mr. Peters
Mr. McNamara
cc:Ruth Ellen Kuhnel, County Attorney
Page 2of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 6, 2017
RESOLUTION 060617-2ESTABLISHING A WRITTEN POLICY FOR
PARTICIPATION IN BOARD OF SUPERVISORMEETINGS THROUGH
ELECTRONIC COMMUNICATION
WHEREAS, Virginia Code § 2.2-3708 allows membersof local governing bodies
to participate in a meeting through electronic communication means from a remote
locationin certain situations;and
WHEREAS, a written policy must be establishedfor such participation.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisorsof Roanoke
County, as follows:
That the following policy isestablished for Board members’ remote electronic
participation in Board of Supervisormeetings:
1.On or before the day of a meeting, the member shall notify the Chairman
that the member is unable to attend the meeting due to an emergency or a
personal matter. Themember must identifywith specificity the nature of
the emergency or personal matter. Amember may also notifythe
Chairmanthat the memberis unable to attend a meeting due to a
temporary or permanent disability or other medical condition that prevents
the member’s physical attendance.
2.A quorum of the Boardmust be physically assembled at the primary or
central meeting location. The Boardmembers present must approve the
participation; however, the decisionshallbebased solely on the criteria in
Page 1of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 6, 2017
RESOLUTION 060617-3CERTIFYING 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.
On motion of Supervisor McNamarato adopt the resolution,seconded by
Supervisor Assaidand carried by the following recorded vote:
AYES:Supervisors Assaid, Bedrosian, Hooker, McNamara,
NAYS:None
ABSENT:Supervisor Peters
Page 1of 2