HomeMy WebLinkAbout8/28/2007 - Adopted Board Records
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28, 2007
RESOLUTION 082807-1 AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $7,500,000 GENERAL OBLIGATION SCHOOL BONDS OF
THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE
VIRGINIA PUBLIC SCHOOL AUTHORITY PURSUANT TO THE
LITERARY FUND SUBSIDY SALE AND PROVIDING FOR THE FORM
AND DETAILS THEREOF
WHEREAS, in July of 2007, the Commonwealth of Virginia Board of Education
(the "Board of Education") placed the application (the "Application") of the School Board
of the County of Roanoke, Virginia (the "School Board") for a loan in the amount of
$7,500,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund
established by the Constitution of Virginia (the "Literary Fund"), for financing a portion of
the cost of Northside High School (the "Project"), in the County of Roanoke, Virginia
(the "County"), on the First Priority Waiting List.
WHEREAS, the Board of Education was to have approved the release of Literary
Fund moneys to the School Board and make a commitment to loan such moneys to the
School Board (the "Commitment") within one year of placement of the Application on
the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum
available at least equal to the amount of the Application and the approval, by the Board
of Education, of the Application as having met all conditions for a loan from the Literary
Fund.
WHEREAS, the Board of Education was thereafter to have given advances on
the amount of the Commitment for the Literary Fund Loan to the School Board, as
construction of the Project progressed, in exchange for temporary notes from the
School Board to the Literary Fund (the "Temporary Notes") for the amounts so
advanced.
WHEREAS, after the completion of the Project and the advance of the total
amount of the Commitment, the Temporary Notes were to have been consolidated into
a permanent loan note of the School Board to the Literary Fund for each project (the
"Literary Fund Obligation") which was to evidence the obligation of the School Board to
repay the Literary Fund Loan.
WHEREAS, the Literary Fund Obligation was to have borne interest at three
percent (3%) per annum and mature in annual installments for a period of twenty (20)
years.
WHEREAS, in connection with the 2007 Interest Rate Subsidy Program (the
"Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase
general obligation school bonds of the County, and the Board of Education has offered
to pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment")
equal to the sum of (i) net present value difference, determined on the date that VPSA
sells its bonds, between the weighted average interest rate that the general obligation
school bonds of the County will bear upon sale to the VPSA and the interest rate that
the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of
issuing such bonds of the County (the "Issuance Expense Allowance").
WHEREAS, the Board of Supervisors (the "Board") of the County has
determined that it is necessary and expedient to borrow up to $7,500,000 and to issue
its general obligation school bonds to finance certain capital projects for school
purposes.
WHEREAS, the County has held a public hearing, after due publication of notice,
in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia
Code") on August 28,2007 on the issuance of the Bonds (as defined below).
WHEREAS, the School Board of the County has requested by resolution the
Board to authorize the issuance of the Bonds (as defined below) and has consented to
the issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board hereby
determines that it is advisable to contract a debt and to issue and sell general obligation
school bonds of the County in the aggregate principal amount not to exceed $7,500,000
(the "Bonds") for the purpose of financing certain capital projects for school purposes.
The Board hereby authorizes the issuance and sale of the Bonds in the form and upon
the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the County
to accept the offer of VPSA to purchase from the County, and to sell to the VPSA, the
Bonds at a price determined by the VPSA and accepted by the Chairman of the Board
or the County Administrator and upon the terms established pursuant to this Resolution.
The County Administrator and the Chairman of the Board, or either of them, and such
officer or officers of the County as either of them may designate, are hereby authorized
and directed to enter into the Bond Sale Agreement with the VPSA providing for the
sale of the Bonds to the VPSA in substantially the form on file with the County
Administrator, which form is hereby approved ("Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully registered form;
shall be dated the date of issuance and delivery of the Bonds; shall be designated
"General Obligation School Bonds, Series 2007B" (or such other designation as the
County Administrator may approve); shall bear interest from the date of delivery thereof
payable semi-annually on each January 15 and July 15 (each an "Interest Payment
Date"), beginning July 15, 2008, at the rates established in accordance with paragraph
4 of this Resolution; and shall mature on July 15 in the years (each a "Principal
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Payment Date") and in the amounts established in accordance with paragraph 4 of this
Resolution. The Interest Payment Dates and the Principal Payment Dates are subject
to change at the request of VPSA.
4. Principal Installments and Interest Rates. The County Administrator is
hereby authorized and directed to accept the interest rates on the Bonds established by
the VPSA, provided that each interest rate shall be ten one-hundredths of one percent
(0.10%) over the interest rate to be paid by the VPSA for the corresponding principal
payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of
the proceeds of which will be used to purchase the Bonds, and provided further, that the
true interest cost of the Bonds does not exceed six percent (6.00%) per annum. The
County Administrator is further authorized and directed to accept the aggregate
principal amount of the Bonds and the amounts of principal of the Bonds coming due on
each Principal Payment Date ("Principal Installments") established by the VPSA,
including any changes in the Interest Payment Dates, the Principal Payment Date and
the Principal Installments which may be requested by VPSA provided that such
aggregate principal amount shall not exceed the maximum amount set forth in
paragraph one and the final maturity of the Bonds shall not be later than approximately
21 years from their date. The execution and delivery of the Bonds as described in
paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal
Payment Dates, interest rates, principal amount and Principal Installments as having
been so accepted as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single,
temporary typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment Pavinq Aqent and Bond Reqistrar. The following provisions
shall apply to the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all
payments of principal of, premium, if any, and interest on the Bonds shall be made in
immediately available funds to the VPSA at or before 11 :00 a.m. on the applicable
Interest Payment Date, Principal Payment Date or date fixed for prepayment or
redemption, or if such date is not a business day for Virginia banks or for the
Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next
preceding such Interest Payment Date, Principal Payment Date or date fixed for
prepayment or redemption;
(b) All overdue payments of principal and, to the extent permitted by
law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and
(c) U.S. Bank National Association, Richmond, Virginia, is designated
as Bond Registrar and Paying Agent for the Bonds.
7. No Prepayment or Redemption. The Principal Installments of the Bonds
are not subject to redemption or prepayment. Furthermore, the Board covenants, on
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behalf of the County, not to refund or refinance the Bonds without first obtaining the
written consent of the VPSA or the registered owners of the Bonds.
8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or
any Deputy Clerk of the Board are authorized and directed to execute and deliver the
Bonds and to affix the seal of the County thereto. The manner of such execution and
affixation of the seal may be by facsimile, provided that if both signatures are by
facsimile, the Bonds shall not be valid until authenticated by the manual signature of the
Paying Agent.
9. Pledae of Full Faith and Credit. For the prompt payment of the principal
of, and the premium, if any, and the interest on the Bonds as the same shall become
due, the full faith and credit of the County are hereby irrevocably pledged, and in each
year while any of the Bonds shall be outstanding there shall be levied and collected in
accordance with law an annual ad valorem tax upon all taxable property in the County
subject to local taxation sufficient in amount to provide for the payment of the principal
of, and the premium, if any, and the interest on the Bonds as such principal, premium, if
any, and interest shall become due, which tax shall be without limitation as to rate or
amount and in addition to all other taxes authorized to be levied in the County to the
extent other funds of the County are not lawfully available and appropriated for such
purpose.
10. Use of Proceeds Certificate: Non-ArbitraQe Certificate. The Chairman of
the Board and the County Administrator, and such officer or officers of the County as
either may designate are hereby authorized and directed to execute a Non-Arbitrage
Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth
the expected use and investment of the proceeds of the Bonds and containing such
covenants as may be necessary in order to show compliance with the provisions of the
Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations
relating to the exclusion from gross income of interest on the Bonds and on the VPSA
Bonds. The Board covenants on behalf of the County that (i) the proceeds from the
issuance and sale of the Bonds will be invested and expended as set forth in such Use
of Proceeds Certificate and the County shall comply with the covenants and
representations contained therein and (ii) the County shall comply with the provisions of
the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable
from gross income for federal income tax purposes.
11. State Non-Arbitraae Proqram: Proceeds Aqreement. The Board hereby
determines that it is in the best interests of the County to authorize and direct the
County Treasurer to participate in the State Non-Arbitrage Program in connection with
the Bonds. The County Administrator and the Chairman of the Board, or either of them,
and such officer or officers of the County as either of them may designate, are hereby
authorized and directed to execute and deliver a Proceeds Agreement with respect to
the deposit and investment of proceeds of the Bonds by and among the County, the
other participants in the sale of the VPSA Bonds, the VPSA, the investment manager,
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and the depository substantially in the form on file with the County Administrator, which
form is hereby approved.
12. Continuino Disclosure Aoreement. The Chairman of the Board and the
County Administrator, or either of them, and such officer or officers of the County as
either of them may designate are hereby authorized and directed (i) to execute a
Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale
Agreement, setting forth the reports and notices to be filed by the County and containing
such covenants as may be necessary in order to show compliance with the provisions
of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings
required by Section 3 of the Bond Sale Agreement should the County be determined by
the VPSA to be a "Material Obligated Person" (as defined in the Continuing Disclosure
Agreement).
13. FilinQ of Resolution. The appropriate officers or agents of the County are
hereby authorized and directed to cause a certified copy of this Resolution to be filed
with the Circuit Court of the County.
14. Further Actions. The County Administrator, the Chairman of the Board,
and such other officers, employees and agents of the County as either of them may
designate are hereby authorized to take such action as the County Administrator or the
Chairman of the Board may consider necessary or desirable in connection with the
issuance and sale of the Bonds and any such action previously taken is hereby ratified
and confi rmed.
15. Effective Date. This Resolution shall take effect immediately.
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The undersigned Clerk of the Board of Supervisors of the County of Roanoke,
Virginia, hereby certifies that the foregoing constitutes a true and correct extract from
the minutes of a meeting of the Board of Supervisors held on August 28, 2007, and of
the whole thereof so far as applicable to the matters referred to in such extract. I
hereby further certify that such meeting was a regularly scheduled meeting and that,
during the consideration of the foregoing resolution, a quorum was present. The front
page of this Resolution accurately records (i) the members of the Board of Supervisors
present at the meeting, (ii) the members who were absent from the meeting, and (iii) the
vote of each member, including any abstentions.
On motion of Supervisor Wray to adopt the resolution, and carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COPY TESTE:
~t-9. ~
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: Diane Hyatt, Chief Financial Officer
Rebecca Owens, Director, Finance
Dr. Lorraine Lange, School Superintendent
Brenda Chastain, Clerk, School Board
I hereby certify that the foregoing is a true and correct copy of Resolution 082807-1
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote
on Tuesday, August 28,2007.
Brenda J. Holton, Deputy Clerk
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EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TS-1
$
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE
General Oblioation School Bond
Series 2007B
The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received,
hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC
SCHOOL
AUTHORITY
the
principal
amount
of
Dollars
($
), in annual installments in the amounts set forth on Schedule I attached
hereto payable on July 15, 2008 and annually on July 15 thereafter to and including July
15, 2027 (each a "Principal Payment Date"), together with interest from the date of this
Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of
each year commencing on July 15, 2008 (each an "Interest Payment Date;" together
with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth
on Schedule I attached hereto. Both principal of and interest on this Bond are payable
in lawful money of the United States of America.
For as long as the Virginia Public School Authority is the registered owner of this
Bond, U.S. Bank National Association, Richmond, Virginia, as bond registrar (the "Bond
Registrar") shall make all payments of principal of and interest on this Bond, without
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presentation or surrender hereof, to the Virginia Public School Authority, in immediately
available funds at or before 11 :00 a.m. on the applicable Payment Date. If a Payment
Date is not a business day for banks in the Commonwealth of Virginia or for the
Commonwealth of Virginia, then the payment of principal of or interest on this Bond
shall be made in immediately available funds at or before 11 :00 a.m. on the business
day next preceding the scheduled Payment Date. Upon receipt by the registered owner
of this Bond of said payments of principal and interest, written acknowledgment of the
receipt thereof shall be given promptly to the Bond Registrar, and the County shall be
fully discharged of its obligation on this Bond to the extent of the payment so made.
Upon final payment, this Bond shall be surrendered to the Bond Registrar for
cancellation.
The full faith and credit of the County are irrevocably pledged for the payment of
the principal of and interest on this Bond. The resolution adopted by the Board of
Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624 of
the Code of Virginia of 1950, as amended, requires, that there shall be levied and
collected an annual tax upon all taxable property in the County subject to local taxation
sufficient to provide for the payment of the principal of and interest on this Bond as the
same shall become due which tax shall be without limitation as to rate or amount and
shall be in addition to all other taxes authorized to be levied in the County to the extent
other funds of the County are not lawfully available and appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and pursuant to the
Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act
of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions
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duly adopted by the Board of Supervisors of the County and the School Board of the
County to provide funds for capital projects for school purposes.
This Bond may be exchanged without cost on twenty (20) days written notice
from the Virginia Public School Authority, at the office of the Bond Registrar on one or
more occasions for one or more temporary bonds or definitive bonds in marketable form
and, in any case, in fully registered form, in denominations of $5,000 and whole
multiples thereof, and having an equal aggregate principal amount, having principal
installments or maturities and bearing interest at rates corresponding to the maturities of
and the interest rates on the installments of principal of this Bond then unpaid.
This Bond is registered in the name of the Virginia Public School Authority on the
books of the County kept by the Bond Registrar, and the transfer of this Bond may be
effected by the registered owner of this Bond only upon due execution of an assignment
by such registered owner. Upon receipt of such assignment and the surrender of this
Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove
provided, such definitive Bonds to be registered on such registration books in the name
of the assignee or assignees named in such assignment.
The principal installments of this Bond are not subject to redemption or
prepayment.
All acts, conditions and things required by the Constitution and laws of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the
issuance of this Bond have happened, exist and have been performed in due time, form
and manner as so required, and this Bond, together with all other indebtedness of the
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County, is within every debt and other limit prescribed by the Constitution and laws of
the Commonwealth of Virginia.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
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IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke,
Virginia, has caused this Bond to be issued in the name of the County of Roanoke,
Virginia, to be signed by its Chairman, its seal to be affixed hereto and attested by the
signature of its Clerk, and this Bond to be dated November _,2007.
COUNTY OF ROANOKE, VIRGINIA
(SEAL)
ATTEST:
By
Clerk, Board of Supervisors of the
County of Roanoke, Virginia
Chairman, Board of Supervisors of the
County of Roanoke, Virginia
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ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE,
OF ASSIGNEE)
the within Bond and irrevocably constitutes and appoints
attorney to exchange
said Bond for definitive bonds in lieu of which this Bond is issued and to register the
transfer of such definitive bonds on the books kept for registration thereof, with full
power of substitution in the premises.
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
Dated:
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" meeting the requirements of
the Bond Registrar which requirements
will include membership or participation
in STAMP or such other "signature
guarantee program" as may be
determined by the Bond Registrar in
addition to, or in substitution for, STAMP,
all in accordance with the Securities
Exchange Act of 1934, as amended.)
\4711676.1
Registered Owner
(NOTICE: The signature above must
correspond with the name of the
Registered Owner as it appears on the
front of this Bond in every particular,
without alteration or change.)
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28, 2007
RESOLUTION 082807-2 AUTHORIZING THE ISSUANCE AND SALE
OF NOT TO EXCEED $16,500,000 GENERAL OBLIGATION SCHOOL
BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO
THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR
THE FORM AND DETAILS THEREOF
WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke,
Virginia (the "County") has determined that it is necessary and expedient to borrow an
amount not to exceed $16,500,000 and to issue its general obligation school bonds to
finance certain capital projects for school purposes.
WHEREAS, the Board held a public hearing on August 28, 2007 on the issuance
of the Bonds (as defined below) in accordance with the requirements of Section 15.2-
2606, Code of Virginia of 1950, as amended (the "Virginia Code").
WHEREAS, the School Board of the County has requested by resolution the
Board to authorize the issuance of the Bonds and has consented to the issuance of the
Bonds.
WHEREAS, the objective of the Virginia Public School Authority ("VPSN') is to
pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the
Bonds' market value (the 'VPSA Purchase Price Objective"), taking into consideration
such factors as the amortization schedule the County has requested for the Bonds, the
amortization schedules requested by other localities, the purchase price to be received
by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds.
WHEREAS, such factors may result in requiring the County to accept a discount,
given the VPSA Purchase Price Objective and market conditions, under which
circumstance the proceeds from the sale of the Bonds received by the County will be
less than the amount set forth in paragraph 1 below.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board hereby
determines that it is advisable to contract a debt and to issue and sell general obligation
school bonds of the County in the aggregate principal amount not to exceed
$16,500,000 (the "Bonds") for the purpose of financing certain capital projects for school
purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form
and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the
County to accept the offer of VPSA to purchase from the County, and to sell to VPSA,
the Bonds at a price determined by VPSA and accepted by the Chairman of the Board
or the County Administrator and upon the terms established pursuant to this Resolution.
The County Administrator and the Chairman of the Board, or either of them, and such
officer or officers of the County as either of them may designate, are hereby authorized
and directed to enter into the Bond Sale Agreement with the VPSA providing for the
sale of the Bonds to VPSA in substantially the form on file with the County
Administrator, which form is hereby approved (the "Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully
registered form in denominations of $5,000 and whole multiples thereof; shall be dated
the date of issuance and delivery of the Bonds; shall be designated "General Obligation
School Bonds, Series 2007B" (or such other designation as the County Administrator
may approve) shall bear interest from the date of delivery thereof payable semi-annually
on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15,
2008, at the rates established in accordance with paragraph 4 of this Resolution; and
shall mature on July 15 in the years (each a "Principal Payment Date") and in the
amounts established in accordance with paragraph 4 of this Resolution. The Interest
Payment Dates and the Principal Payment Dates are subject to change at the request
of VPSA.
4. Principal Installments and Interest Rates. The County
Administrator is hereby authorized and directed to accept the interest rates on the
Bonds established by VPSA, provided that each interest rate shall be no more than ten
one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA for the
corresponding principal payment date of the bonds to be issued by the VPSA (the
"VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds,
and provided further, that the true interest cost of the Bonds does not exceed six
percent (6%) per annum. The County Administrator is further authorized and directed to
accept the aggregate principal amount of the Bonds and the amounts of principal of the
Bonds coming due on each Principal Payment Date (the "Principal Installments")
established by VPSA, including any changes in the Interest Payment Dates, the
Principal Payment Dates and the Principal Installments which may be requested by
VPSA provided that such aggregate principal amount shall not exceed the maximum
amount set forth in paragraph one and the final maturity of the Bonds shall not be later
than 21 years from their date. The execution and delivery of the Bonds as described in
paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal
Payment Dates, interest rates, principal amount and Principal Installments as having
been so accepted as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a
single, temporary typewritten bond substantially in the form attached hereto as Exhibit
A.
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6. Payment Payinq Agent and Bond Reqistrar. The following
provisions shall apply to the Bonds:
(a) For as long as VPSA is the registered owner of the Bonds, all
payments of principal of, premium, if any, and interest on the Bonds shall be made in
immediately available funds to VPSA at or before 11 :00 a.m. on the applicable Interest
Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if
such date is not a business day for Virginia banks or for the Commonwealth of Virginia,
then at or before 11 :00 a.m. on the business day next preceding such Interest Payment
Date, Principal Payment Date or date fixed for prepayment or redemption;
(b) All overdue payments of principal and, to the extent permitted by
law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and
(c) U.S. Bank National Association, Richmond, Virginia, is designated
as Bond Registrar and Paying Agent for the Bonds.
7. Prepayment or Redemption. The Principal Installments of the
Bonds held by the VPSA coming due on or before July 15, 2017, and the definitive
Bonds for which the Bonds held by the VPSA may be exchanged that mature on or
before July 15, 2017, are not subject to prepayment or redemption prior to their stated
maturities. The Principal Installments of the Bonds held by the VPSA coming due after
July 15, 2017, and the definitive Bonds for which the Bonds held by the VPSA may be
exchanged that mature after July 15, 2017, are subject to prepayment or redemption at
the option of the County prior to their stated maturities in whole or in part, on any date
on or after July 15, 2017, upon payment of the prepayment or redemption prices
(expressed as percentages of Principal Installments to be prepaid or the principal
amount of the Bonds to be redeemed) set forth below plus accrued interest to the date
set for prepayment or redemption:
Dates
Prices
July 15, 2017 to July 14,2018, inclusive................................
July 15, 2018 to July 14, 2019, inclusive................................
July 15, 2019 and thereafter ..................................................
101%
100.5
100;
Provided, however, that the Bonds shall not be subject to prepayment or redemption
prior to their stated maturities as described above without first obtaining the written
consent of the registered owner of the Bonds. Notice of any such prepayment or
redemption shall be given by the Bond Registrar to the registered owner by registered
mail not more than ninety (90) and not less than sixty (60) days before the date fixed for
prepayment or redemption. The County Administrator is authorized to approve such
other redemption provisions, including changes to the redemption dates set forth above,
as may be req uested by VP SA.
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8. Execution of the Bonds. The Chairman or Vice Chairman and the
Clerk or any Deputy Clerk of the Board are authorized and directed to execute and
deliver the Bonds and to affix the seal of the County thereto. The manner of such
execution may be by facsimile, provided that if both signatures are by facsimile, the
Bonds shall not be valid until authenticated by the manual signature of the Paying
Agent.
9. Pledqe of Full Faith and Credit. For the prompt payment of the
principal of, and the premium, if any, and the interest on the Bonds as the same shall
become due, the full faith and credit of the County are hereby irrevocably pledged, and
in each year while any of the Bonds shall be outstanding there shall be levied and
collected in accordance with law an annual ad valorem tax upon all taxable property in
the County subject to local taxation sufficient in amount to provide for the payment of
the principal of, and the premium, if any, and the interest on the Bonds as such
principal, premium, if any, and interest shall become due, which tax shall be without
limitation as to rate or amount and in addition to all other taxes authorized to be levied in
the County to the extent other funds of the County are not lawfully available and
appropriated for such purpose.
10. Use of Proceeds Certificate: Non-Arbitraqe Certificate. The
Chairman of the Board and the County Administrator, or either of them and such officer
or officers of the County as either may designate are hereby authorized and directed to
execute a Non-Arbitrage Certificate, if required by bond counsel, and a Use of Proceeds
Certificate setting forth the expected use and investment of the proceeds of the Bonds
and containing such covenants as may be necessary in order to show compliance with
the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and
applicable regulations relating to the exclusion from gross income of interest on the
Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i)
the proceeds from the issuance and sale of the Bonds will be invested and expended as
set forth in such Use of Proceeds Certificate and the County shall comply with the
covenants and representations contained therein and (ii) the County shall comply with
the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will
remain excludable from gross income for federal income tax purposes.
11. State Non-Arbitraqe Proqram: Proceeds Aqreement. The Board
hereby determines that it is in the best interests of the County to authorize and direct
the County Treasurer to participate in the State Non-Arbitrage Program in connection
with the Bonds. The County Administrator and the Chairman of the Board, or either of
them and such officer or officers of the County as either of them may designate, are
hereby authorized and directed to execute and deliver a Proceeds Agreement with
respect to the deposit and investment of proceeds of the Bonds by and among the
County, the other participants in the sale of the VPSA Bonds, VPSA, the investment
manager, and the depository substantially in the form on file with the County
Administrator, which form is hereby approved.
4
12. Continuing Disclosure Aoreement. The Chairman of the Board and
the County Administrator, or either of them, and such officer or officers of the County as
either of them may designate are hereby authorized and directed (i) to execute a
Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale
Agreement, setting forth the reports and notices to be filed by the County and containing
such covenants as may be necessary in order to show compliance with the provisions
of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings
required by Section 3 of the Bond Sale Agreement should the County be determined by
the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement).
13. Filino of Resolution. The appropriate officers or agents of the
County are hereby authorized and directed to cause a certified copy of this Resolution
to be filed with the Circuit Court of the County.
14. Further Actions. The County Administrator, the Chairman of the
Board, and such other officers, employees and agents of the County as either of them
may designate are hereby authorized to take such action as the County Administrator or
the Chairman of the Board may consider necessary or desirable in connection with the
issuance and sale of the Bonds and any such action previously taken is hereby ratified
and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the Board of Supervisors of the County of Roanoke,
Virginia, hereby certifies that the foregoing constitutes a true and correct extract from
the minutes of a meeting of the Board of Supervisors held on August 28, 2007, and of
the whole thereof so far as applicable to the matters referred to in such extract. I
hereby further certify that such meeting was a regularly scheduled meeting and that,
during the consideration of the foregoing resolution, a quorum was present. The front
page of this Resolution accurately records (i) the members of the Board of Supervisors
present at the meeting, (ii) the members who were absent from the meeting, and (iii) the
vote of each member, including any abstentions.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COpy TESTE:
~Q~
Brenda J. Hol n, CMC
Deputy Clerk to the Board of Supervisors
5
cc: Diane Hyatt, Chief Financial Officer
Rebecca Owens, Director, Finance
Dr. Lorraine Lange, School Superintendent
Brenda Chastain, Clerk, School Board
I hereby certify that the foregoing is a true and correct copy of Resolution 082807-2
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote
on Tuesday, August 28,2007.
Brenda J. Holton, Deputy Clerk
6
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-1
$
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE
General Oblioation School Bond
Series 2007B
The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received,
hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC
SCHOOL AUTHORITY the principal amount of Dollars
($ ), in annual installments in the amounts set forth on Schedule I attached
hereto payable on July 15, 2008 and annually on July 15 thereafter to and including July
15, 20_ (each a "Principal Payment Date"), together with interest from the date of this
Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of
each year commencing on July 15, 2008 (each an "Interest Payment Date;" together
with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth
on Schedule I attached hereto, subject to prepayment or redemption as hereinafter
provided. Both principal of and interest on this Bond are payable in lawful money of the
United States of America.
For as long as the Virginia Public School Authority is the registered owner of this
Bond, U.S. Bank National Association, Richmond, Virginia, as bond registrar (the "Bond
Registrar") shall make all payments of principal, premium, if any, and interest on this
Bond, without presentation or surrender hereof, to the Virginia Public School Authority,
7
in immediately available funds at or before 11 :00 a.m. on the applicable Payment Date
or date fixed for prepayment or redemption. If a Payment Date or date fixed for
prepayment or redemption is not a business day for banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if
any, or interest on this Bond shall be made in immediately available funds at or before
11 :00 a.m. on the business day next preceding the scheduled Payment Date or date
fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond
of said payments of principal, premium, if any, and interest, written acknowledgment of
the receipt thereof shall be given promptly to the Bond Registrar, and the County shall
be fully discharged of its obligation on this Bond to the extent of the payment so made.
Upon final payment, this Bond shall be surrendered to the Bond Registrar for
cancellation.
The full faith and credit of the County are irrevocably pledged for the payment of
the principal of and the premium, if any, and interest on this Bond. The resolution
adopted by the Board of Supervisors authorizing the issuance of the Bonds provides,
and Section 15.2-2624 of the Code of Virginia of 1950, as amended, requires, that there
shall be levied and collected an annual tax upon all taxable property in the County
subject to local taxation sufficient to provide for the payment of the principal, premium, if
any, and interest on this Bond as the same shall become due which tax shall be without
limitation as to rate or amount and shall be in addition to all other taxes authorized to be
levied in the County to the extent other funds of the County are not lawfully available
and appropriated for such purpose.
8
This Bond is duly authorized and issued in compliance with and pursuant to the
Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act
of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions
duly adopted by the Board of Supervisors of the County and the School Board of the
County to provide funds for capital projects for school purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice
from the Virginia Public School Authority at the office of the Bond Registrar on one or
more occasions for one or more temporary bonds or definitive bonds in marketable form
and, in any case, in fully registered form, in denominations of $5,000 and whole
multiples thereof, having an equal aggregate principal amount, having principal
installments or maturities and bearing interest at rates corresponding to the maturities of
and the interest rates on the installments of principal of this Bond then unpaid. This
Bond is registered in the name of the Virginia Public School Authority on the books of
the County kept by the Bond Registrar, and the transfer of this Bond may be effected by
the registered owner of this Bond only upon due execution of an assignment by such
registered owner. Upon receipt of such assignment and the surrender of this Bond, the
Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided,
such definitive Bonds to be registered on such registration books in the name of the
assignee or assignees named in such assignment.
The principal installments of this Bond coming due on or before July 15, 2017
and the definitive Bonds for which this Bond may be exchanged that mature on or
before July 15, 2017
9
are not subject to prepayment or redemption prior to their stated maturities. The
principal installments of this Bond coming due after July 15, 2017, and the definitive
Bonds for which this
Bond may be exchanged that mature after July 15, 2017 are subject to prepayment or
redemption at the option of the County prior to their stated maturities in whole or in part,
on any date on or after July 15, 2017, upon payment of the prepayment or redemption
prices (expressed as percentages of principal installments to be prepaid or the principal
amount of the Bonds to be redeemed) set forth below plus accrued interest to the date
set for prepayment or redemption:
Dates
Prices
101%
100.5
100;
to prepayment or
July 15, 2017 to July 14, 2018, inclusive............................................
July 15, 2018 to July 14, 2019, inclusive............................................
July 15, 2019 and thereafter ..............................................................
Provided, however, that the Bonds shall not be subject
redemption prior to their stated maturities as described above without the prior written
consent of the registered owner of the Bonds. Notice of any such prepayment or
redemption shall be given by the Bond Registrar to the registered owner by registered
mail not more than ninety (90) and not less than sixty (60) days before the date fixed for
prepayment or redemption.
All acts, conditions and things required by the Constitution and laws of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the
issuance of this Bond have happened, exist and have been performed in due time, form
and manner as so required, and this Bond, together with all other indebtedness of the
10
County, is within every debt and other limit prescribed by the Constitution and laws of
the Commonwealth of Virginia.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
11
IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke,
Virginia, has caused this Bond to be issued in the name of the County of Roanoke,
Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto
and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to
be dated November _, 2007.
COUNTY OF ROANOKE, VIRGINIA
(SEAL)
ATTEST:
By:
Clerk, Board of Supervisors of the County of
Roanoke, Virginia
Chairman, Board of Supervisors of the
County of Roanoke, Virginia
12
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE,
OF ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange
said Bond for definitive bonds in lieu of which this Bond is issued and to register the
transfer of such definitive bonds on the books kept for registration thereof, with full
power of substitution in the premises.
Dated:
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" meeting the requirements of
the Bond Registrar which requirements
will include membership or participation
in STAMP or such other "signature
guarantee program" as may be
determined by the Bond Registrar in
addition to, or in substitution for,
STAMP, all in accordance with the
Securities Exchange Act of 1934, as
amended.)
\4709415.1
Reg istered Owner
(NOTICE: The signature above must
correspond with the name of the
Registered Owner as it appears on the
front of this Bond in every particular,
without alteration or change.)
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28, 2007
RESOLUTION 082807-3 AUTHORIZING A REQUEST TO THE VIRGINIA
GENERAL ASSEMBLY FOR REIMBURSEMENT OF THE COST OF JAIL
PERSONNEL HIRED PRIOR TO THE OPENING OF THE WESTERN
VIRGINIA REGIONAL JAIL
WHEREAS, Roanoke County, Franklin County, Montgomery County, and the City of
Salem have entered into a cooperative agreement and formed the Western Virginia
Regional Jail Authority pursuant to 53.1-95.2 of the Code of Virginia (1950) as amended, to
construct and operate the regional jail on behalf of the four localities, and
WHEREAS, the jail project has been approved by the Board of Corrections and is
eligible for reimbursement up to fifty percent (50%) of eligible project costs of the regional
jail facility pursuant to 53.1-81 of the Code of Virginia (1950) as amended, and
WHEREAS, the regional jail is under construction and is anticipated to open on
March 9, 2009, and
WHEREAS, staffing costs incurred by the Authority prior to the opening of the facility
are not eligible for reimbursement, and
WHEREAS, the three local jails will remain in operation and will retain their staff,
and
WHEREAS, the regional jail will hire a total of 194 new staff and the majority of this
staff must be hired in September 2008 to allow new officers to complete the basic
corrections academy as mandated by the Department of Criminal Justice Services, and
WHEREAS, the Authority is responsible to fund $5,554,460 in start-up staffing costs
including fringe benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, that it requests assistance from our legislators to seek
reimbursement from the General Assembly and the Commonwealth of Virginia to include
$3,187,931 in the Governor's budget to offset the cost for new employees hired before the
scheduled opening of the jail to ensure all new employees complete academy and other
specialized training as mandated by the Department of Criminal Justice Services, and
That it hereby authorizes the County Administrator, or his designee, to execute such
documents and to take such actions as may be necessary to accomplish the purposes of
this resolution.
On motion of Supervisor Church to adopt the resolution, and carried by the following
recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COpy TESTE:
~f~ ~), ~~
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: John Chambliss, Assistant County Administrator
Charles Poff, Superintendent, WVRJA
Richard Huff, II; County Administrator, Franklin County
Clayton Goodman, III; County Administrator, Montgomery County
Forest Jones, City Manager, City of Salem
Diane Hyatt, Chief Financial Officer
Rebecca Owens, Director, Finance
Sheriff Gerald Holt
2
I hereby certify that the foregoing is a true and correct copy of Resolution 082807-3
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on
Tuesday, August 28, 2008.
Brenda J. Holton, Deputy Clerk
3
ACTION NO. A-082807-4
ITEM NO.
F-2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 28, 2007
AGENDA ITEM:
Request to appropriate $66,000 from the Western Virginia
Regional Jail Authority to the Information Technology
Department for Information Technology Services
SUBMITTED BY:
John M. Chambliss, Jr.
Asst. County Administrator
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Western Virginia Regional Jail Authority is beginning the construction of the new
regional jail and will soon be hiring some of the early management staff to help in setting
up the policies, procedures and documentation for the operation of the regional jail. The
Jail Authority has asked the Information Technology Department for Roanoke County to
contract for services to assist in planning, installing, and advising on technical matters such
as radio communications, telephones, jail management software, video visitation system,
computer equipment, and the associated wiring for these systems. At the July 12 meeting
of the Authority, and the August 14 meeting of the Board of Supervisors, the agreement
was approved to allow the services to be provided by the IT Department of the County of
Roanoke.
We have negotiated a contract for services to be provided at the fee of $6,000 per month
to advise the Authority on these matters. These monies will provide one new staff member
and related costs so that the timeliness of County IT projects will not be adversely
impacted. Materials necessary for this project will be charged directly to the Authority at
cost.
The agreement provides that either party may terminate this agreement with 90 days
written notice. The IT staff has been helpful in providing overview information in the early
planning stages and we are now in need of the more technical assistance.
FISCAL IMPACT:
The Agreement calls for a fee of $6,000 per month and the impact forthe fiscal year 2007-
2008 budget will be $66,000. This agreement was authorized by the Jail Authority on July
12 and approved by the Board of Supervisors on August 14. No new Roanoke County
dollars are involved. The action today is to recognize these fees and appropriate them for
use by the Information Technology Department.
STAFF RECOMMENDATION:
Staff recommends appropriation of the monies from the Western Virginia Regional Jail
Authority to provide Information Technology Advisory Services at the rate of $6,000 per
month so that staff may be hired to assist this project.
VOTE:
Supervisor McNamara motion to approve staff recommendation
Motion Approved
Yes No Abs
Mr. Wray ~ D D
Mr. Church ~ D D
Mr. Altizer ~ D D
Mr. Flora ~ D D
Mr. McNamara ~ D D
cc: John Chambliss, Assistant County Administrator
Elaine Caver, Director, Information Technology
Diane Hyatt, Chief Financial Officer
Rebecca Owens, Director, Finance
Brent Robertson, Director, Management & Budget
Charlie Poff, Superintendent, WVRJA
ACTION NO. A-082807-5
ITEM NO.
F-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 28,2007
AGENDA ITEM:
Request to appropriate $9,082,780 to upgrade the 800 MHz
radio system and adopt a resolution declaring intent to
reimburse expenditures from bond proceeds
SUBMITTED BY:
Diane Hyatt
Chief Financial Officer
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
At the August 14, 2007, County Board meeting, the Board authorized the County
Administrator to execute a contract with Motorola for $9,082,780 forthe upgrade of the 800
MHz radio system to digital. This action was contingent upon a financing plan and the
appropriation of funds by the Board of Supervisors.
The system upgrade will take place over a 25 month period. The cash flow needs for the
radio upgrade are shown on Attachment A. The County currently has $5,181,508 available
to pay toward the purchase of the radios. Of this amount, $5,000,000 is currently in the
Minor County Capital Fund and has been noted for several years to go toward the radio
purchase. The additional $181,508 is currently in a Fire and Rescue Capital accountto go
toward the purchase of radios.
The remaining $3,901,272 can be borrowed over a ten year period oftime. This borrowing
could be done as a stand-alone lease pu rchase th rough Motorola or another company with
the radios as collateral for the borrowing. The debt service on this stand-alone borrowing
would be in the range of $600,000 annually.
However, with the other capital projects that the Board is currently considering, it would be
more cost effective to have one large revenue bond sale in Spring 2008. The radios could
be included as a portion of that sale and still be structured for payment over a ten year
period.
The available cash is sufficient to make the planned payments until the Spring 2008 bond
sale. If this bond sale does not materialize, we can still finance the lease-purchase through
Motorola or another company. The attached resolution will allow us the flexibility to
reimburse to the County from bond proceeds or other financings once they are available.
FISCAL IMPACT:
The County has available cash of $5,181,508 to begin the payments for the contract. The
additional $3,901,272 will be borrowed, either through a Spring 2008 revenue bond sale
that includes other County capital projects, or as a stand-alone lease purchase. The
annual debt payments on the borrowing will begin in the 2008-2009 fiscal year, and are
estimated to not exceed $600,000 annually.
STAFF RECOMMENDATION:
Staff makes the following recommendations:
1. Adopt the attached resolution, which allows the County to reimburse itself from
future bond issues or other financings; and.
2. Appropriate $9,082,780 to the Radio 800 MHz Upgrade Project from the following
sources:
Minor Capital Fund
Fire/Rescue Capital
Future Borrowings
$5,000,000
181,508
3.901.272
$9.082.780
2
VOTE:
Supervisor Wray motion to approve staff recommendation
Motion Approved
Yes No Abs
Mr. Wray ~ 0 0
Mr. Church ~ 0 0
Mr. Altizer ~ 0 0
Mr. Flora ~ 0 0
Mr. McNamara ~ 0 0
cc: Diane Hyatt, Chief Financial Officer
Elaine Caver, Director, Information Technology
Rebecca Owens, Director, Finance
Brent Robertson, Director, Management & Budget
Rick Burch, Chief of Fire & Rescue
3
ATTACHMENT A
Payment Schedule
Per the previous price pages, the system total is $9t082t 780.00. Except for a payment that is due on the
Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each
invoice. Customer will make payments when due in the form of a check, cashierts chcclc, or wire transfer
drawn on a U.S. financial institution and in accordance with the following milestones.
Fixed Network EouiQment & Servius 55,422,296
Estimated
No. Milestone PerceDt Dollan ~
1. Mobilization due at contract execution (Effective Date) 10% $542,230 9-30-2007
2. Completion of Contract Design Review (CDR) 13% $704,898 11-30-2007
3. Successful Completion of CCSI Staging 42% $2,277 ,363 2-28-2009 .
4. .Delivery of Fixed Network Equipment to customer
designated location 5% $271,115 3-17-2009
5. Completion of Fixed Network Equipment Installation 15% $162,669 4-15-2009
(billable 3% per site basis) $162,669 5-07-2009
$162,669 5-22-2009
$162,669 6-09-2009
$162,669 6-24-2009
6, Successful Completion of Acceptance Tests 10% $542,230 9-21-2009
7. System Acceptance 5% $271.115 10-20-2009
Total FNE 1000,4 $5,412,296
Subscriber Eauipment $3,660,484
I. Shipment of Subscriber Equipment (as shipped) 100% $3,660,484
Mobiles $1,587,541 3-31-2008
Portables $2,072,943 7-31-2008
Overdue invoices will bear simple interest at the rate often percent (10%) per annum, unless such rate
exceeds the maximum allowed by law, in which Case it will be reduced to tho maximum allowable rate.
Motorola reserves the right to make partial shipments of equipment as mutually agreed IIl1d to request
payment upon shipment of such equipment. In addition, Motorola reserves the right to invoice for
installations or civil work completed on a site-by-site basis, when applicable.
ROlIfIolut county. l/A
DIgital Radio Upgt8de
Prtclng and F"lI1IIncled Proposal
August 1. 2007
8-2
Motorola ConfIdentW ReWt'*"
Ull4l CH' dlllclosur1t of this pnlpOSSl Ie
suqect to the rnt~ on tlla tllle pege
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28, 2007
RESOLUTION 082807-6 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS INTENTION TO
REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR
CERTAIN COSTS TO UPGRADE THE 800 MHZ RADIO SYSTEM TO
DIGITAL
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the
"County") has determined that it may be necessary or desirable to advance money to
pay the costs of designing, installing, and equipping an upgrade of the County 800 MHz
radio system to digital (the "Project"),
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, as follows:
1. The Board of Supervisors adopts this declaration of official intent under
Treasury Regulations Section 1.150-2.
2. The Board of Supervisors reasonably expects to reimburse advances made or
to be made by the County to pay the costs of designing, installing, and equipping the
Project from the proceeds of its debt or other financing. The maximum amount of debt
or other financing expected to be issued for the designing, installing, and equipping the
project is $9,082,780.
3. This resolution shall take effect immediately upon its adoption.
On motion of Supervisor Wray to adopt the resolution, and carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COPY TESTE:
~~~
Brenda J. H Iton, CMC
Deputy Clerk to the Board of Supervisors
cc: Diane Hyatt, Chief Financial Officer
Rebecca Owens, Director, Finance
Brent Robertson, Director, Management & Budget
Elaine Carver, Director, Information Technology
I hereby certify that the foregoing is a true and correct copy of Resolution 082807-6
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote
on Tuesday, August 28,2007.
Brenda J. Holton, Deputy Clerk
2
ACTION NO. A-082807-7
ITEM NO. F-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 28, 2007
AGENDA ITEM:
Request for approval of an amendment to the Roanoke County
Investment Policy
SUBMITTED BY:
F. Kevin Hutchins
Treasurer
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County's Investment policy was established in 1987. Due to the fluid and
changing nature of investments, this policy is considered to be a living document which has
to be revised periodically to keep pace. Revisions have occurred on five separate
occasions since its inception; the last revision was made in 2001.
For the past several years the County has actually enjoyed having an inverted yield curve
resulting in more earning potential for short-term government investments than those of
longer duration. This has also created a wider divergence between US Treasury and US
Government Agency notes. Currently there is a yield separation of 60 basis points
between Treasury and Agency notes.
The County is presently limited by its Investment Policy as to the specific allocation to
under section I 3-b of the Investment Policy as allowed by Sec. 2.2-4501 of the Code of
Virginia.
By changing the allocation percentage for US Government Agency Securities from 70% to
80%, as proposed on page 7 of the Investment Policy which is attached, we increase our
earning potential while insignificantly altering our risk. We do not wish to react to the
hysteria surrounding current market conditions. However, pressure from these events will
shake up short-term rates, and since short-term maturities are the only maturities that we
are interested in, it is important to lock into our desired rates before more shifting occurs.
FISCAL IMPACT:
Adopting the change to the Investment policy will increase the interest earning potential of
County funds. There will be no negative impact.
ALTERNATIVES:
1. Approve the proposed amendment to the County's Investment Policy.
2. Do not approve the proposed amendment to the County's Investment Policy.
STAFF RECOMMENDATION:
The Treasurer's Office and staff recommend approval of the proposed amendment to the
Investment Policy.
VOTE:
Supervisor Church motion to approve staff recommendation
Motion Approved
Yes No Absent
Mr. McNamara [2] D D
Mr. Church ~ D D
Mr. Altizer [2] D D
Mr. Flora [gJ D D
Mr. Wray [2] D D
cc: Kevin Hutchins, Treasurer
Diane Hyatt, Chief Financial Officer
Rebecca Owens, Director, Finance
shall review with a bank official monthly an analyzation of the County's account
profitability to the bank.
Considering interest rates at that time and the bank's average earnings
allowance, the bank will determine the balances in the accounts (compensating
balances) which will be required for the following month in order to cover the
cost of processing the County's banking transactions. Copies of the result of these
analyses will be maintained by the Treasurer.
7. Zero Balance Account (ZBA)
The Treasurer will take full advantage of clearing time on County checks
disbursed by maintaining true zero balances in the County's checking account.
As checks are presented for payment, they are accumulated and a single
offsetting credit is prepared to bring the account to a zero balance at the end of
the banking day. This account is linked to the Master Concentration or deposit
account against which the ZBA draws funds to pay the checks presented for
payment.
Temporarily idle funds will be invested overnight in repurchase
agreements that are secured or collateralized by governmental securities as
required by the Code of Virginia. The Treasurer will determine excess idle funds
and invest them in longer term investments.
8. Diversification
Diversification by Instrument Percent of Portfolio
U.S. Treasury Obligations (bills, notes and bonds) 70%
U.S. Government Agency Securities and Instrumentalities ~
of Government 80%
Sponsored Corporations
Banker's Acceptance (BA's) 40%
Repurchase Agreement (Repo's) Two or more nights 25%
Repurchase Agreement (Repo's) overnight 70%
Commercial Banks
Certificates of Deposit (CDs) 100%
Savings & Loan Associations
7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28,2007
ORDINANCE 082807-8 APPROVING THE RESIDENTIAL LEASE OF
THE LOG CABIN LYING GENERALLY IN THE SOUTHEAST
CORNER OF THE ROANOKE COUNTY CENTER FOR RESEARCH
AND TECHNOLOGY PROPERTY (TAX MAP NO. 54.00-1-2) IN THE
CATAWBA MAGISTERIAL DISTRICT OWNED BY THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY
WHEREAS, the Board of Supervisors of Roanoke County is the owner of a tract of
land containing 457.60 acres, being located in the Catawba Magisterial District and
designated on the Roanoke County Land Records as Tax Map No.54.00-1-2, which is
being developed for economic development purposes as the Roanoke County Center for
Research and Technology; and
WHEREAS, by Ordinance 031098-7, the Board of Supervisors authorized the
continued rental of the three residences on the property until such time as construction
would begin and require termination; and
WHEREAS, the leases for 5365 Glenmary Drive and 5393 Glenmary Drive were
terminated by the County, effective November 1, 1999, to permit commencement of
construction; and
WHEREAS, the log cabin at 4958 Glenvar Heights Boulevard had been rented
until recently; and
WHEREAS, it would serve the public interest for the County to have the log cabin
occupied and maintained until such time as all or portions thereof may be needed for
economic development purposes; and
WHEREAS, on December 2, 1997, the Board authorized the creation of a self
balancing account entitled Glenn Mary Capital Account for acceptance of rent payments
and expenditure of the funds on maintenance of the property; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on August 14,
2007; and the second reading was held on August 28, 2007.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the County Administrator or his designee is hereby authorized to
execute a lease agreement with Giles Phillip Cochran and Terrie L. Cochran for the
log cabin residence having the address of 4958 Glenvar Heights Boulevard, from
September 28, 2007, to September 27, 2008, thereafter continuing on a month to month
basis, for a monthly rental of $700.00 to be paid into the Glenn Mary Capital Account.
2. That the County Administrator or his designee is authorized to execute said
lease agreement on behalf of the Board of Supervisors of the County of Roanoke and to
execute such other documents and take such further actions as are necessary to
accomplish this transaction, all of which shall be upon form and subject to the conditions
approved by the County Attorney.
3. That this ordinance shall be effective on and from the date of its adoption.
2
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COPY TESTE:
&J,,~ ~
Brenda J. Ho on, CMC
Deputy Clerk to the Board of Supervisors
cc: Anne Marie Green, Director, General Services
Paul Mahoney, County Attorney
Doug Chittum, Director, Economic Development
3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28, 2007
RESOLUTION 082807-9 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 August 28,
2007, 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. Request to appropriate $6,712 in State funds to Library Services for fiscal year
2007 -08.
2. Request to appropriate grant funds in the amount of $3,661.94 from the Library
of Virginia to Library Services for mandated technology protection measures for
public computers.
3. Request to appropriate grant funds in the amount of $3,000 from the Division of
Motor Vehicles to the Police Department for the "Click It or Ticket" campaign.
4. Request to appropriate grant funds in the amount of $47, 1 00 from the Division of
Motor Vehicles to the Police Department to support traffic enforcement and
training.
5. Request to accept and appropriate a Local Government Challenge Grant in the
amount of $5,000 from the Virginia Commission for the Arts
That the Clerk to the Board is hereby authorized and directed where required by law
to set forth upon any of said items the separate vote tabulation for any such item pursuant
to this resolution.
On motion of Supervisor Altizer to adopt the resolution, and carried by the following
recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COPY TESTE:
~~,~
Brenda J. Holt n, CMC
Deputy Clerk to the Board of Supervisors
cc: Diana Rosapepe, Director, Library Services
Rebecca Owens, Director, Finance
Ray Lavinder, Chief of Police
Lt. Steve Turner, Grant Coordinator
Brent Robertson, Director, Management & Budget
2
ACTION NO. A-082807-9.a
ITEM NO.
K-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 28, 2007
AGENDA ITEM:
Request from the Library to appropriate state funds in the
amount of $6,712 for fiscal year 2007-2008
SUBMITTED BY:
Diana L. Rosapepe
Director of Library Services
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The final state budget includes an appropriation of $199,712 in state aid to Roanoke
County libraries for fiscal year 2007-2008. The Roanoke County budget was adopted at
$193,000, based on preliminary estimates provided by the Library of Virginia which
administers the state aid program. This request is to appropriate the additional state aid in
the amount of $6,712 to the Library's budget for fiscal year 2007-2008. The funds will be
used to increase expenditures for book purchases.
FISCAL IMPACT:
This action will increase revenues from the state by $6,712, and add an additional $6,712
to the Library budget for fiscal year 2007-2008.
AL TERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends acceptance and appropriation of the $6,712 to the fiscal year 2007-
2008 Library budget to reflect final state budget allocations.
VOTE:
Supervisor Altizer motion to approve staff recommendation
Motion Approved
Yes No Absent
Mr. McNamara ~ D D
Mr. Church ~ D D
Mr. Altizer ~ D D
Mr. Flora ~ D D
Mr. Wray ~ D D
cc: File
Diana Rosapepe, Director, Library Services
Rebecca Owens, Director, Finance
ACTION NO. A-082807-9.b
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:
August 28, 2007
AGENDA ITEM:
Request from the Library to accept and appropriate a grant
from the Library of Virginia in the amount of $3,661.94 for
mandated technology protection measures for public
computers
SUBMITTED BY:
Diana L. Rosapepe
Director of Library Services
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In the last legislative session, the General Assembly voted to amend and reenact ~ 42.1-
36.1 of the Code of Virginia to require that libraries which accept state funding deploy
technology protection measures (filters). Specifically, all libraries must enact a policy that
mandates "the selection, installation and activation of, on those computers that are
accessible to the public and have Internet access, a technology protection measure to filter
or block Internet access through such computers to child pornography as defined in ~ 18.2-
374.1: 1, obscenity as defined in ~ 18.2-372, and, with respect to minors, materials deemed
harmful to juveniles as defined in ~ 18.2-390."
The General Assembly provided $190,000 to assist 90 library systems in paying for the
cost of acquiring filtering software or equipment. According to the distribution formula
established by the Library of Virginia, Roanoke County Public Library is eligible to receive
$3,661.94, which must be spent on equipment, software, telecommunications or processes
directly related to compliance. Since RCPL has had filtering software installed on its public
PC's for over 10 years, it is already in compliance with the new code provisions. Therefore,
this grant will be used to offset costs of upgrading software on individual computers to a
more uniform server-based filtering system.
FISCAL IMPACT:
No additional funding is required.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends acceptance and appropriation of the grant in the amount of $3,661.94 to
the Library budget.
VOTE:
Supervisor Altizer motion to approve staff recommendation
Motion Approved
Yes No Absent
Mr. McNamara ~ D D
Mr. Church ~ D D
Mr. Altizer ~ D D
Mr. Flora ~ D D
Mr. Wray ~ D D
cc: Diana Rosapepe, Director, Library Services
Rebecca Owens, Director, Finance
2
ACTION NO. A-082807-9.c
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:
August 28, 2007
AGENDA ITEM:
Request from the Police Department to accept and appropriate
a grant from the Division of Motor Vehicles in the amount of
$3,000 for "Click it or Ticket" campaigns
SUBMITTED BY:
James R. Lavinder
Chief of Police
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Additional funds became available from the Division of Motor Vehicles (DMV) that will be
used to support the Roanoke County Police Department's efforts in targeting and
enforcement of occupant protection in support of DMV's "Click It or Ticket" campaigns.
The grant is for fiscal year 2007 (October 1,2006 through September 30,2007.) There is
no cost to Roanoke County.
FISCAL IMPACT:
None.
ALTERNATIVES:
None.
STAFF RECOMMENDATION:
Staff recommends acceptance of this Division of Motor Vehicles grant in the amount of
$3,000.00
VOTE:
Supervisor Altizer motion to approve staff recommendation
Motion Approved
Yes No Absent
Mr. McNamara ~ D D
Mr. Church ~ D D
Mr. Altizer ~ D D
Mr. Flora ~ D D
Mr. Wray ~ D D
cc: Ray Lavinder, Chief of Police
Rebecca Owens, Director, Finance
Lt. Steve Turner, Grant Coordinator
ACTION NO. A-082807-9.d
ITEM NO.
K-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 28, 2007
AGENDA ITEM:
Request from the Police Department to accept and appropriate
three grants from the Division of Motor Vehicles in the amount
of $47,100 for traffic enforcement and training
SUBMITTED BY:
James R. Lavinder
Chief of Police
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The following three grants from the Division of Motor Vehicles have been awarded to the
Roanoke County Police Department to be used to support traffic enforcement and training:
(1) Grant in the amount of $20,000 to be used to reduce alcohol related fatalities and
serious injuries in traffic crashes. No matching funds required.
(2) Grant in the amount of $15,000 to be used to reduce traffic crashes involving
young drivers and improve teen driver safety. No matching funds required.
(3) Grant in the amount of $12,100 to be used to provide training for the regional
crash team. No matching funds required.
These grants are for fiscal year 2008 (October 1, 2007 through September 30, 2008).
FISCAL IMPACT:
None.
ALTERNATIVES:
None.
STAFF RECOMMENDATION:
Staff recommends the acceptance and appropriation of three grants from the Division of
Motor Vehicles in the amount of $47,100.
VOTE:
Supervisor Altizer motion to approve staff recommendation
Motion Approved
Yes No Absent
Mr. McNamara IS] D D
Mr. Church IS] D D
Mr. Altizer IS] D D
Mr. Flora IS] D D
Mr. Wray IS] D D
cc: Ray Lavinder, Chief of Police
Rebecca Owens, Director, Finance
Lt. Steve Turner, Grant Coordinator
2
ACTION NO. A-082807-9.e
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:
August 28,2007
AGENDA ITEM:
Request to accept and appropriate a Local Government
Challenge Grant in the amount of $5,000 from the Virginia
Commission for the Arts.
SUBMITTED BY:
W. Brent Robertson
Director of Management and Budget
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County applied for a Local Government Challenge Grant from the Virginia
Commission for the Arts. The Commission will match up to $5,000, (if full funding is
approved) any donation the County makes to qualified art organizations in the valley.
In the FY2007-08 budget, the Board of Supervisors approved an appropriation of $2,900
for the Arts Council of the Blue Ridge; $1,700 for the Harrison Museum of African
American Culture; $6,700 for Mill Mountain Theatre; and $6,500 for the Roanoke
Symphony Orchestra. Staff, therefore, applied for the maximum grant allocation of $5,000.
Roanoke County was awarded $5,000 for FY2007 -08.
FISCAL IMPACT:
Staff recommends dividing the $5,000 grant evenly between the Arts Council of the Blue
Ridge, the Harrison Museum of African American Culture, Mill Mountain Theatre, and the
Roanoke Symphony Orchestra. Combined with the County's appropriation, the following
amounts would be available to the organizations referred to above:
Oroanization
Arts Council of the Blue Ridge
Harrison Museum
Mill Mountain Theatre
Roanoke Symphony
County
Appropriation
$ 2,900
1,700
6,700
6.500
$ 17,800
VCA
Grant
$1,250
1,250
1,250
1,250
$ 5.000
ALTERNATIVES:
There are no alternatives to this agenda item.
STAFF RECOMMENDATION:
Total
$ 4,150
2,950
7,950
7,750
$22.800
Staff recommends acceptance of the Local Government Challenge Grant from the Virginia
Commission for the Arts in the amount of $5,000 to be distributed as indicated above.
VOTE:
Supervisor Altizer motion to approve staff recommendation
Motion Approved
Yes No Absent
Mr. McNamara ~ D D
Mr. Church ~ D D
Mr. Altizer ~ D D
Mr. Flora ~ D D
Mr. Wray ~ 0 0
cc: Brent Robertson, Director, Management & Budget
Rebecca Owens, Director, Finance
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, AUGUST 28,2007
RESOLUTION 082807-10 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.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COpy TESTE:
~~,~
Brenda J. Holt n, CMC
Deputy Clerk to the Board of Supervisors
ACTION NO. A-082807-11
ITEM NO.
S-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 28, 2007
AGENDA ITEM:
Request for authorization to enter into a Public-Private
Partnership Performance Agreement with English Construction
Company, Inc. to provide for infrastructure improvements to
open a new 200 acre Business Park, Hollins Magisterial
District
SUBMITTED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
This agenda item and the Board item to follow regarding the multigenerational recreation
center are intricately connected.
SUMMARY OF INFORMATION:
In September, 2006, Doug Dalton, President of English Construction Company, along with
County staff came before the Board to outline a proposal for construction of a signature
business park and multigenerational recreation center on a 200 acre parcel at the
intersection of Interstates 81 and 581. The property has long been identified by our
Economic Development Department as a prime economic development site. The parcel is
less than three miles from the Roanoke Regional Airport and just seven minutes from
downtown Roanoke. It is also adjacent to the already successful Valleypointe Business
Park. In addition, the new recreation center and business park will be visible from both
Interstates and there is easy access from Peters Creek Road.
For the past 15 years, Doug Dalton and the County have discussed developing the
property into a premier business park, but have not been able to find a suitable anchor and
funding for the project. After learning of the County's interest in building a
multigenerational recreation center, Mr. Dalton approached the County with a possibility.
At the September meeting, Mr. Dalton and County staff described how the
multigenerational center could serve as the anchor and with the County's participation
could open up the business park for future development. An undeveloped parcel of this
size and prime location is rare in the Roanoke Valley. Thus, the County entered into
discussions with the Company for both projects. The park would be marketed to
companies for corporate office headquarters, or to businesses in the technology, medical,
or research fields. It is estimated that upon full build-out of the business park, the County
would receive in excess of $2 million a year in new taxes. It is further estimated that upon
full completion, the new business park would create more than 2,000 new jobs.
From the beginning, construction of the multigenerational center by FirstChoice Public-
Private Partners has been tied closely to the development of the business park. The
purpose of this agenda item is to seek permission from the Board to execute a Public-
Private Partnership Performance Agreement with English Construction Company, Inc., and
the Roanoke County Economic Development Authority (EDA) to provide the infrastructure
improvements needed to open and develop the new park. This is not a new concept. The
County has successfully partnered in a similar fashion on past projects, including the
development of Valleypointe Business Park.
The draft agreement, which is attached, details a partnership between the County of
Roanoke and English Construction Company, Inc. Roanoke County will benefit from the
opening of the business park with the creation of jobs and new revenue. Thus, the County
is willing to reimburse English Construction Company, Inc., through the Roanoke County
EDA $2.5 million as certain milestones are met.
First Reimbursement: To receive the first reimbursement (actual cost up to $1.5
million), the Company will complete the following as shown on a plat provided by
FirstChoice in the Recreation Center Comprehensive Agreement, with the
understanding that certain improvements may need to be revised or deleted
depending upon final cost:
Road Construction:
· The company will construct an improved double-lane road from Optical
Cable to a point just beyond the new recreation center.
· The road will be four-lane and include a median with landscaping.
· The road will be built to VDOT standards and will be state maintained.
. The Company will provide easements and rights-of-way needed for road
improvements (County of Roanoke will also donate any necessary
easements and rights-of-way).
Utilities:
· The Company will extend water and sewer lines to the multigenerational
center and Business Park.
. The lines will be oversized to allow for future extensions to residents and
businesses along Wood Haven Road.
· The Company will extend the necessary natural gas and fiber-optic lines into
the multigenerational center and business park.
Marketing:
· The Company will provide a 30 acre site at the intersection of Wood Haven
and Valley Pointe extension that is ready to market.
2
Second Reimbursement: To receive the second reimbursement of $1 million, the
Company shall successfully complete the following:
Master Plan & Rezoning for Business Park. The Master plan will include:
. Guidelines for the type and quality of development.
. A layout of sites, storm water management, greenways, walking trails and
other amenities.
. Provide future layout for roads, utilities, and other infrastructure needs.
Re-Iocation of asphalt plant by 2012:
. Asphalt plant currently on the property shall be relocated to a suitable
location in order to provide for the future success of the business park.
FISCAL IMPACT:
Funds for the County's appropriation to the EDA to reimburse English Construction
Company, Inc., for infrastructure improvements to the business park are currently in the
Roanoke County Economic Development Department budget. The Board will have to
approve the reallocation of these funds to this performance agreement. This
reimbursement to English Construction Company of $1.5 million will occur over the next
two years. The Board will need to appropriate the remaining $1 million as the master plan
is developed, the rezoning is approved, and the asphalt plant is moved to a new and
acceptable site.
ALTERNATIVES:
Alternative One: This is subject to the Board approving the Comprehensive Agreement
with FirstChoice Public-Private Partners for the construction of a multigenerational
recreation center and appropriation of funds for this project; and the negotiation of an
option agreement with English Construction Company, Inc., to acquire approximately 12
acres of land for the site of the multigenerational center; and
1. Authorize the County Attorney to finalize the attached performance agreement
providing for incentives for the new business park.
2. Authorize the County Administrator to sign the necessary documents and authorize
staff to fund the project with the actual appropriation being brought to the Board at
a later date.
Alternative Two: Do not approve the authorization to enter into a Public-Private
Partnership Performance Agreement with English Construction.
STAFF RECOMMENDATION:
Staff recommends approval of Alternative One.
3
VOTE:
Supervisor Flora motion to approve Item S-1 (Authorize the County Attorney to finalize
the performance agreement providing for incentives for the new business park with
changes to the performance agreement as presented at the meeting, authorize the
County Administrator to sign the necessary documents with the changes, and authorize
staff to fund the project with the actual appropriation being brought to the Board at a
later date)
Motion Approved
Yes No Absent
Mr. McNamara D ~ D
Mr. Church ~ D D
Mr. Altizer ~ D D
Mr. Flora ~ D D
Mr. Wray ~ D D
cc: Dan O'Donnell, Assistant County Administrator
Doug Chittum, Director, Economic Development
Paul Mahoney, County Attorney
4
ACTION NO. A-082807-12
ITEM NO. S-2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 28, 2007
Request approval for the execution of a Comprehensive
Agreement with FirstChoice Public - Private Partners: Roanoke
Recreation Center, LLC, for the construction of a
Multigenerational Recreation Center, Hollins Magisterial District
AGENDA ITEM:
SUBMITTED BY:
Daniel R. O'Donnell
Assistant County Administrator
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
FirstChoice Public-Private Partners, a team consisting of English Construction Company
and Moseley Architects, first submitted a conceptual proposal for the development of a
Multigenerational Recreation Center under the Public Private Education Facilities and
Infrastructure Act (PPEA) in November, 2006. This proposal was developed after
members of the Board of Supervisors visited several such facilities in the St. Louis area
and publicly discussed their wish to pursue the development of a similar facility for
Roanoke County citizens. The need for the Multigenerational Recreation Center was
substantiated in the Roanoke County Parks and Recreation Master Plan, which included
input from the community through surveys, focus groups and several community meetings
in 2006. The Master Plan Process discovered that there is a high level of need for indoor
recreation, fitness, water recreation and community recreation programs, all of which are
encompassed in the scope of the proposed Multigenerational Recreation Center. (Pete
Haislip, Director of Parks, Recreation and Tourism will address the need for the facility in
tonight's presentation.)
After a thorough review of the conceptual proposal by the Board of Supervisors, the County
Administrator and staff, the Board of Supervisors invited FirstChoice to submit a detailed
design proposal for the development of the facility, the next step required under the PPEA
process. In July, 2007, the County received the detailed design proposal. The detailed
design proposal has been reviewed thoroughly by and the County Administrator, staff and
Construction Dynamics Group, the firm that was retained by the County with the $50,000
fee submitted by FirstChoice to the County as required by the PPEA regulations. A
tentative comprehensive agreement has been negotiated to deliver the Multigenerational
Recreation Center to the citizens of Roanoke County. On August 14, FirstChoice
presented their design concepts and the scope of the proposed project to the Board of
Supervisors in a Board Work Session. Immediately following the work session the Board
met with staff in closed session to discuss the terms and conditions that have been
negotiated in the comprehensive agreement. As required by the PPEA regulations, a
public notice was posted on the County website ten working days prior to today's formal
consideration by the Board of Supervisors. Although not required by law, a notice was also
posted in the Roanoke Times publicizing the vote. The comprehensive agreement is not
final until officially approved by the Board of Supervisors. Tonight the comprehensive
agreement is being presented to the Board of Supervisors for their formal consideration.
As staff has previously discussed with the Board, approval of the comprehensive
agreement is one important component of an economic development strategy for north
Roanoke County. Although we believe the Multigenerational Recreation Center to be an
excellent project for the citizens of the County on its own merits, the approval of the
comprehensive agreement, in addition to the Public Private Partnership that will be
presented to the Board later at this meeting, will open up the development of approximately
190 acres of property as a top quality business park by English Construction Company.
The marriage of the Multigenerational Recreation Center with the opening of this new
business park will greatly enhance Roanoke County as a business location and
employment center. The Multigenerational Recreation Center will serve as an anchor at
the entrance of the business park and its development will help provide vital infrastructure
including, road improvements, water and sewer service to the business park.
The comprehensive agreement for the Multigenerational Recreation Center between
Roanoke County and FirstChoice Public Private Partners is one of three agreements that
will have to be concluded in order to bring the business park and the Multigenerational
Recreation Center to fruition. The second agreement being negotiated is the acquisition of
the land from English Construction for the site of the Multigenerational Recreation Center.
Staff is also requesting that the Board of Supervisors authorize the County Administrator to
execute an option to purchase approximately 12 acres of land for the Multigenerational
Recreation Center site. The exact boundary of the site will be determined as design
development proceeds, but it is estimated that approximately twelve acres will be needed.
The actual purchase of the land will be brought before the Board for final approval after the
exact boundaries of the site are defined as design progresses.
2
The third agreement is a Public Private Partnership agreement with English Construction
Company to provide necessary off-site infrastructure for the establishment of the new
business park. This infrastructure will also serve the Multigenerational Recreation Center.
This item is also on tonight's agenda for the Board's consideration.
FISCAL IMPACT:
The Contract Cost Limit established in the Comprehensive Agreement is $26,676,175.
These funds will be made available in an appropriation to be brought before the Board of
Supervisors in September. It should be noted that the Contract Cost Limit is the maximum
price for the scope of services provided for in the Comprehensive Agreement. If actual
construction costs for the scope included are less, the actual payments for the project will
be less.
AL TERNATIVES:
(1) Authorize the County Administrator to execute the Comprehensive Agreement
subject to the following:
. The appropriation of funds necessary. The formal appropriation is scheduled to
be brought to the Board of Supervisors in September, 2007.
. The successful negotiation of the Public Private Partnership agreement for the
development of approximately 190 acres along Wood haven Road and Valley
Point Drive as a high quality business park with English Construction Company.
This agreement is currently being negotiated by the County Attorney and is
scheduled for consideration at tonight's meeting.
. The successful negotiation of an option with English Construction Company to
purchase approximately 12 acres of land for the site of the Multigenerational
Recreation Center. The option is currently under negotiation. Alternative one
also would authorize the County Administrator to execute an option for the
purchase of the land from English Construction Company.
(2) Do not approve the Comprehensive Agreement for the Multigenerational Recreation
Center.
Staff Recommendation:
Staff recommends approval of Alternative (1).
3
VOTE:
Supervisor Flora motion to approve staff recommendation
Motion Approved
Yes No Absent
Mr. McNamara ~ D D
Mr. Church ~ D D
Mr. Altizer ~ D D
Mr. Flora ~ D D
Mr. Wray ~ D D
cc: Dan O'Donnell, Assistant County Administrator
Paul Mahoney, County Attorney
Pete Haislip, Director, Parks, Recreation, & Tourism
Doug Chittum, Director, Economic Development
4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, AUGUST 28, 2007
ORDINANCE 082807-13 AUTHORIZING THE RELOCATION OF THE
FOLLOWING POLLING PLACE PURSUANT TO SECTION 24.2-306,
24.2-307, AND 24.2-310 OF THE 1950 CODE OF VIRGINIA AS
AMENDED: (1) CATAWBA POLLING PLACE (101) TO BE
RELOCATED FROM THE CATAWBA FIRE STATION, 5585 CATAWBA
HOSPITAL DRIVE, CATAWBA, VA 24070 TO CATAWBA
RECREATION CENTER, 4965 CATAWBA CREEK ROAD, CATAWBA,
VA 24070.
WHEREAS, Sections 24.1-306, 24.2-307 and 24.2-310 of the 1950 Code of
Virginia, as amended, authorize the governing body of each county to establish the
polling place for each precinct in that jurisdiction by ordinance; and
WHEREAS, the citizens of Roanoke County will be better served by the
relocation of certain polling places to locations providing more space for voting
equipment, increased lighting, more convenient parking, higher security for voting
equipment and easier accessibility for all voters; and
WHEREAS, the first reading of this ordinance was held on August 14, 2007; and
the second reading of this ordinance and public hearing were held on August 28,2007.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the relocation of the following polling places be, and hereby IS
approved as follows:
Catawba Polling Place (101) to be relocated from the Catawba Fire
Station, 5585 Catawba Hospital Drive, Catawba, VA 24070 to the
Catawba Recreation Center, 4965 Catawba Creek Road, Catawba, VA
24070
3. That the General Registrar for the County of Roanoke, Virginia, is hereby
authorized to take all measures necessary to comply with Virginia law and regulations
regarding a change in a polling precinct and for reasonable notification to the voters of
the Catawba Precinct of this change in their polling location.
4. That the County Administrator and the General Registrar are hereby
authorized and directed to take such others actions as may be necessary to accomplish
the intent of this Ordinance.
5. That this ordinance shall take effect immediately.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COpy TESTE:
~~~
Brenda J. Hol n, CMC
Deputy Clerk to the Board of Supervisors
cc: Judy Stokes, General Registrar
Pete Haislip, Director, Parks, Recreation, & Tourism
2
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Change in Polling Site
Catawba Precinct - 101
SC-\LE: 1 inch equats 1,000 feet
O,\TE:July 11, 2007
Roanoke Count)'
DL'paflInL'rH ur Community l),lTclopmcllt
,2114 Bernard UrilT
Roanokl', Virginl:k 240lM
(54{1) ,'i2-211!>5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28,2007
ORDINANCE 082807-14 AUTHORIZING THE VACATION OF
UNIMPROVED RIGHT-OF-WAY SHOWN AS WENTWORTH ROAD IN THE
CITY VIEW HEIGHTS ADDITION, SECTION NO.3, WINDSOR HILLS
MAGISTERIAL DISTRICT
WHEREAS, the City View Heights Addition, Section No.3, plat recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 82,
("the City View Heights Add. Plat") established a street designated as Wentworth Road,
forty feet (40') in width, separating Section NO.3 and NO.4 of City View Heights, and
connecting Salem Cave Spring Road (Route 119, currently 419) with undeveloped property
of Dr. Steele; and,
WHEREAS, the area previously designated as Section NO.4 of City View Heights
was resubdivided as Sugar Loaf East Subdivision, Section 1, in Plat Book 7, page 20,
which plat identifies Wentworth Road as abutting the rear of Lots 5 and 6, Block 1, Section
1 of Sugar Loaf East Subdivision, which lots have frontage on Woodley Drive; and,
WHEREAS, the area designated and set aside for public use as Wentworth Road
on the City View Heights Add. plat has never been improved or accepted into the Virginia
State Secondary Road System; and
WHEREAS, a portion of Wentworth Road beginning at a point approximately six
hundred forty feet (640') east from the intersection with State Route 419, at a point at the
common boundary of Lots 6 and 7 of Sugar Loaf East subdivision on the south side and
the middle of Lot 10 of City View Heights on the north side of Wentworth Road, and
continuing east a distance of six hundred fifty eight feet (658'), more or less, to the end of
said road as designated in Plat Book 3, Page 82, has previously been vacated by action of
the Roanoke County Board of Supervisors by Ordinance adopted December 16, 1974, and
recorded in Deed Book 1013, Page 188; and
WHEREAS, Wentworth Office Partners, LLC ("Wentworth") and Burgeon
Enterprises LLC ("Burgeon"), the owners of parcels on the north and south sides of
Wentworth Road at its intersection with State Route 419, said parcels extending
approximately three hundred feet (300') along the southern edge of Wentworth Road and
one hundred sixteen feet (116') along the northern edge of Wentworth Road, respectively,
have requested the vacation of this remaining unimproved portion of this forty foot (40')
right-of-way so as to permit these property owners to make improvements to their
properties; and
WHEREAS, the above-described street or road is more clearly indicated as the
cross-hatched area on the map named "R.O.W. Vacation Wentworth Road, dated August
28, 2007, prepared by Roanoke County Department of Community Development and
attached hereto as Exhibit "A"; and
WHEREAS, no other property owner will be adversely affected by the vacation of
this undeveloped portion of said Dallas Road and that its current existence imposes an
impediment to the adjoining property owners making improvements to their properties
adjoining this previously dedicated but unimproved street; and
WHEREAS, these adjoining property owners, as the Petitioners, have requested
that pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), the Board
of Supervisors of Roanoke County, Virginia, vacate the remaining right-of-way, designated
as "Wentworth Road" on the plat of the City View Heights Addition, Section No.3, Plat
Book 3, Page 82, as now shown on the attached Exhibit "A"; and
2
WHEREAS, this vacation will not involve any cost to the County and the affected
County departments have raised no objection thereto on condition that a fifteen foot (15')
public utility easement and public access easement be retained over the vacated right-of-
way; and
WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of
Virginia (1950, as amended); and
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter,
the acquisition and disposition of real estate can be authorized only by ordinance. A first
reading of this ordinance was held on August 14, 2007, and a second reading and public
hearing of this ordinance was held on August 28, 2007.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter,
the subject real estate (Wentworth Road, a street forty feet (40') in width and
approximately six hundred forty feet (640') in length) is hereby declared to be surplus and
the nature of the interests in real estate renders it unavailable for other public use.
3. That this street, Wentworth Road, forty feet (40') in width and approximately six
hundred forty feet (640') in length, being designated and shown as the cross-hatched area
on Exhibit "A" attached hereto, said street being located between the intersection with
State Route 419 and a point at the common boundary of Lots 6 and 7 of Sugar Loaf East
subdivision on the south side and the middle of Lot 10 of City View Heights on the north
side of Wentworth Road, and having been dedicated on the subdivision plat of City View
Heights Add., Section NO.3 and recorded in the aforesaid Clerk's Office in Plat Book 3,
3
page 82, in the Windsor Hills Magisterial District of the County of Roanoke, be, and hereby
is, vacated pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, but
reserving therefrom a fifteen foot (15') public utility easement and access easement for the
benefit of property owners adjoining the vacated street.
4. That all costs and expenses associated herewith, including but not limited to
publication, survey and recordation costs, shall be the responsibility of the Petitioners.
5. That the County Administrator, or any Assistant County Administrator, is hereby
authorized to execute such documents and take such actions as may be necessary to
accomplish the provisions of this ordinance, all of which shall be on form approved by the
County Attorney.
6. That this ordinance shall be effective on and from the date of its adoption, and a
certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of Virginia
(1950, as amended).
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
4
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COPY TESTE:
~l-~ ~~
Brenda J. Ho ton, CMC
Deputy Clerk to the Board of Supervisors
cc: Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
Joe Obenshain, Senior Assistant County Attorney
I hereby certify that the foregoing is a true and correct copy of Ordiannce 082807-14
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on
Tuesday,August28,2007.
Brenda J. Holton, Deputy Clerk
5
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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, AUGUST 28,2007
ORDINANCE 082807-15 AUTHORIZING THE VACATION OF AN
UNIMPROVED RIGHT-OF-WAY SHOWN AS NELMS LANE ON MAP NO.1
OF WOODBURY GARDENS IN PLAT BOOK 3, PAGE 114AND PLAT OF
HEARTHSTONE ADDITION IN PLAT BOOK 3, PAGE 145, OF THE
ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, SAID RIGHT-
OF WAY LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Map NO.1 of Woodbury Gardens subdivision recorded in the Clerk's
Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 114,
established a street designated as Nelms Lane of variable width and connecting Woodbury
Street (Rt. 898) with Heathstone Road (Rt. 1829), located between Lot 20 (Map of Airlee
Court Annex, Plat Book 2, page 103) and Lot 1 and part of Lot 2, Block 2 (Map NO.1 of
Woodbury Gardens) for a portion of its length; and
WHEREAS, Plat of Heathstone Addition recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in Plat Book 3, page 145, established a street
designated as Nelms Lane of variable width connecting Woodbury Street (Rt. 898) with
Heathstone Road (Rt. 1829), located between Lot 1, Block 2 (Plat of Airlee Gardens,
Roanoke City Map Book 1, page 18) and Lot 3, Block 2 (Plat of Hearthstone Addition) for
a portion of its length; and
WHEREAS, the area designated and set aside for public use as Nelms Lane on
Map No. 1 of Woodbury Gardens and the Plat of Heathstone Addition has never been
improved or accepted into the Virginia State Secondary Road System; and
WHEREAS, the property owners of Lot 20 (Map of Airlee Court Annex), and Lot 1
and part of Lot 2, Block 2 (Map of Woodbury Gardens), and Lot 1, Block 2 (Plat of Airlee
Gardens) and Lot 3, Block 2 (Plat of Hearthstone Addition) adjoining the unimproved
section of Nelms Lane, extending approximately three hundred (300) feet from the
southern edge of Woodbury Street to Hearthstone Road, have requested the vacation of
this unimproved portion of the variable width right-of-way so as to permit these property
owners to make improvements to their residential properties; and
WHEREAS, Appalachian Power Company and the Western Virginia Water Authority
have requested that a public utility easement be retained for their utilities presently
occupying the existing right-of-way; and
WHEREAS, the above described street or road is more clearly indicated as "Portion
of Nelms Lane To Be Vacated and Reserved as a 20' Public Utility Easement" on "PLAT
SHOWING PORTION OF NELMS LANE - TO BE VACATED BY BOARD OF
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA", dated July 5, 2007, prepared by
Roanoke County Department of Community Development and attached hereto as Exhibit
"A"; and
WHEREAS, no other property owner will be affected by the vacation of this
undeveloped portion of said Nelms Lane and that its current existence imposes an
impediment to the adjoining property owners making improvements to their properties
adjoining this previously dedicated but unimproved street; and
WHEREAS, the adjoining property owners and residents of Roanoke County and
Roanoke City, as the Petitioners, have requested that, pursuant to Section 15.2-2272 of
the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County,
Virginia, vacate this right-of-way, designated as "Nelms Lane" on the plat of the Woodbury
Gardens, Plat Book 3, page 114 and the plat of Hearthstone Addition, Plat book 3, page
145, as now shown on the attached Exhibit "A"; and
2
WHEREAS, this vacation will not involve any cost to the County and the affected
County departments have raised no objection; and
WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of
Virginia (1950, as amended); and
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter,
the acquisition and disposition of real estate can be authorized only by ordinance. A first
reading of this ordinance was held on August 14, 2007, and a second reading and public
hearing of this ordinance was held on August 28,2007.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter,
the subject real estate (Nelms Lane, a variable width street and approximately 300 feet in
length) is hereby declared to be surplus and the nature of the interests in real estate
renders it unavailable for other public use.
3. That this street, Nelms Lane, being designated and shown as "Portion of Nelms
Lane To Be Vacated and Reserved as a 20' Public Utility Easement" on Exhibit "A"
attached hereto, said street being located between Lot 1, Block 2 (MB 1, page 18), Lot 3,
Block 2 (PB 3, page 145), Lot 20 (PB 3, page 103) and Lot 1 and part of Lot 2, Block 2
(PB 3, page 114), in the Hollins Magisterial District of the County of Roanoke, be, and
hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia,1950, as
amended.
3
4. That a twenty foot (20') public utility easement is accepted, reserved and
maintained for public purposes in the area previously designated as "Nelms Lane" as
shown on Exhibit "A" attached hereto.
5. That all costs and expenses associated herewith, including but not limited to
publication, survey, and recordation costs, shall be the responsibility of the Petitioners.
6. That the County Administrator, or any Assistant County Administrator, is hereby
authorized to execute such documents and take such actions as may be necessary to
accomplish the provisions of this ordinance, all of which shall be on form approved by the
County Attorney.
7. That this ordinance shall be effective on and from the date of its adoption, and a
certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of Virginia
(1950, as amended).
On motion of Supervisor Flora to adopt the ordinance, and carried by the following
recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COPY TESTE:
~C).~
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
Joe Obenshain, Senior Assistant County Attorney
4
I hereby certify that the foregoing is a true and correct copy of Resolution 082807-15
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on
Tuesday,August28,2007.
Brenda J. Holton, Deputy Clerk
5
METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLA T REPRESENT A COMPOSITE OF DEEDS.
PLA TS. AND CALCULA TED INFORMA TION AND DO NOT REFLECT AN ACCURA TE BOUNDARY SURVEY.
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WOODBURY STREET
.<<,'-:C~'0W': ROAD TO BE VACATED BOARD OF SUPERVISORS
"':>}:~~~~:" & RESERVED AS A 20' P.U.E.
OF ROANOKE COUNTY, VIRGINIA
PREPARED BY: ROANOKE COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
TAX MAP NO. 38.14
LEGEND
11
EXHIBIT "A"
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SCALE:
, "= 50'
PLAT SHOWING
PORTION OF NELMS LANE - TO BE VACATED
BY
.
DA TE:
7-12-2007
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28, 2007
ORDINANCE 082807-16 GRANTING A SPECIAL USE PERMIT FOR
CONSTRUCTION OF A RELIGIOUS ASSEMBLY FACILITY ON 11
ACRES LOCATED AT 4505 AND 4625 WEST MAIN STREET (TAX
MAP NOS. 54.04-3-3 AND 54.04-3-4) CATAWBA MAGISTERIAL
DISTRICT, UPON THE PETITION OF THE COMMUNITY CHURCH
WHEREAS, the Community Church has filed a petition for a special use permit
for construction of a religious assembly facility to be located at 4505 and 4625 West
Main Street (Tax Map Nos. 54.04-3-3 and 54.04-3-4) in the Catawba Magisterial
District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
August 7, 2007; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on July 24, 2007; the second reading and public hearing on this
matter was held on August 28,2007.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit for
construction of a religious assembly facility to be located at 4505 and 4625 West Main
Street in the Catawba Magisterial District is substantially in accord with the adopted
2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of
the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse
impact on the surrounding neighborhood or community, and said special use permit is
hereby approved with the following conditions:
(1) The subject property shall be developed in substantial conformity with the
site plan prepared by Gerald S. Cannaday and dated June 4,2007.
(2) Total parking onsite shall not exceed 125 spaces.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COPY TESTE:
~~~
Brenda J. Holt n, CMC
Deputy Clerk to the Board of Supervisors
cc: Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
John Murphy, Zoning Administrator
William Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, AUGUST 28,2007
ORDINANCE 082807 -17 TO REZONE 2.22 ACRES FROM C2S and C2CS,
GENERAL COMMERCIAL DISTRICT WITH CONDITIONS AND WITH
SPECIAL USE PERMIT, TO C2CS, GENERAL COMMERCIAL DISTRICT
WITH CONDITIONS AND WITH SPECIAL USE PERMIT, TO CONSTRUCT
A DRIVE-IN AND FAST FOOD RESTAURANT AND RETAIL BUILDING,
LOCATED AT THE INTERSECTIONS OF BRAMBLETON AVENUE,
COLONIAL AVENUE, AND MERRIMAN ROAD IN THE CAVE SPRING
MAGISTERIAL DISTRICT UPON THE PETITION OF SEASIDE HEIGHTS
LLC (BOJANGLES)
WHEREAS, Ordinance 111505-11 adopted on November 15, 2005, rezoned .98
acres (Part of Tax Map No. 86.08-3-35.1 - .298 acres and all of Tax Map No. 86.08-3-36.1
- .68 acres) from C1, Office District, to C2, General Commercial District with conditions,
and issued a special use permit on 2.22 acres for the operation of a fast food restaurant
and drive-thru located at the intersections of Brambleton Avenue, Colonial Avenue, and
Merriman Road; and
WHEREAS, the petitioner desires to amend the site plan which was approved by
Ordinance 111505-11 in order to change the location and size of the commercial
structures; and
WHEREAS, the first reading of this ordinance was held on July 24,2007, and the
second reading and public hearing were held on August 28,2007; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on August 4, 2007; and
WHEREAS, legal notice and advertisement has been provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1
1. That the zoning classification of a certain tract of real estate containing 2.22
acres, as described herein, and located at the intersections of Brambleton Avenue,
Colonial Avenue, and Merriman Road (Tax Map No. 86.08-3-34, 86.08-3-35, 86.08-3-
35.01, and 86.08-3-36.01) in the Cave Spring Magisterial District, is hereby changed from
the zoning classification of C2S and C2CS, General Commercial District with conditions
and with a special use permit, to the zoning classification of C2CS, General Commercial
District with conditions and with a special use permit.
2. That this action is taken upon the application of Seaside Heights, LLC.
3. That the owner of the property has voluntarily proffered in writing the following
conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts:
(1) The development of the property shall substantially conform with the
site plan entitled "Site Layout and Grading Pkm for RoBo, LLC," dated November
1 0, 2005, "Boianqles - Master Plan" dated June 8th, 2007, attached as Exhibit A,
with driveway access only from Brambleton Avenue and Merriman Road, subject to
those changes required by Roanoke County during its comprehensive site plan
review.
(2) The exterior of the fast food restaurant to be constructed on the
Property shall substantially conform to the photographs attached as Exhibit B.
(3) All building exterior walls shall be brick from grade to eave.
(4) The Merriman Road driveway shall be designed to prohibit right turns
onto Merriman Road.
(5) Signage placed on the building(s) shall occupy less than 5% of the
building fayade area.
2
(6) Any freestanding sign shall be a monument style not to exceed 5 feet
in height or 7 feet in width, and shall have brick construction to match the buildings.
(7) The top of any light fixture shall not exceed 15 feet.
(8) The sides and rear of the dumpster enclosure shall be brick
construction to match the buildings.
(9) Dumpsters shall not be emptied between the hours of 10:00 p.m. and
7:00 a.m.
(10) Portions of the front yards along the Colonial Avenue and Merriman
Road rights-of-way designated on the concept plan for landscaping shall remain as
open green spaces, and landscaped with any combination of flower, shrubs, ground
cover or trees.
4. That said real estate is more fully described as follows:
All of the following tax map numbers:
86.08-3-34 containing 0.62 acres
86.08-3-35 containing 0.24 acres
86.08-3-35.01 containing 0.68 acres
86.08-3-36.01 containing 0.68
Totaling 2.22 acres
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to
3
amend the zoning district map to reflect the change in zoning classification authorized by
this ordinance.
On motion of Supervisor Wray to adopt the ordinance, and carried by the following
recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COpy TESTE:
~t-~, ~
Brenda J. H ton, CMC
Deputy Clerk to the Board of Supervisors
cc: Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
John Murphy, Zoning Administrator
William Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
4
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0 GOl.lNTY CF :R()A,f'l.oI01:E. VIRGINIA.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28, 2007
ORDINANCE 082807-18 AMENDING THE ROANOKE COUNTY
ZONING ORDINANCE, SECTIONS 30-61-2 AND 30-62-2, 1-1
INDUSTRIAL DISTRICT AND 1-2 INDUSTRIAL DISTRICT, TO INCLUDE
PUBLIC PARKS AND RECREATIONAL AREAS AS A PERMITTED
USE
WHEREAS, public necessity, convenience, general welfare, and good zoning
practice support an amendment to the Zoning Ordinance of the County of Roanoke to
allow public parks and recreation areas as a permitted use in 1-1 and 1-2 industrial
districts; and,
WHEREAS, the Planning Commission held a public hearing on this amendment
on August 7, 2007; and,
WHEREAS, the Roanoke County Board of Supervisors held first reading of this
ordinance on August 14, 2007, and second reading and public hearing on August 28,
2007; and,
WHEREAS, public notice and advertisement of this amendment has been
provided as required by Section 15.2-2204 of the Code of Virginia, and the Roanoke
Cou nty Code.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That Section 30-61-2 and 30-62-2 of the Roanoke County Zoning
Ordinance be amended to read and provide as follows:
Sec. 30-61-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards are listed in Article IV, Use and Design
Standards, for those specific uses.
* * * *
2. Civic Uses
Day Care Center *
Park and Ride Facilities
Post Office
Public Maintenance and Service Facilities
Public Parks and Recreational Areas*
Safety Service
Utility Services, Minor*
Utility Services, Major*
* * * *
Sec. 30-62-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards are listed in Article IV, Use and Design
Standards, for those specific uses.
* * * *
2. Civic Uses
Day Care Center *
Park and Ride Facilities
Post Office
Public Maintenance and Service Facilities
Public Parks and Recreational Areas*
Safety Service
Utility Services, Minor*
Utility Services, Major*
* * * *
2. That this ordinance shall be in full force and effect from and after its passage.
2
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COpy TESTE:
~o2n,~,L
Deputy Clerk to the Board of Supervisors
cc: Circuit Court
Robert P. Doherty, Jr., Judge
James R. Swanson, Judge
Steven A. McGraw, Clerk
Bonnie Hager, Judicial Secretary
Norce Lowe, Secretary
Juvenile Domestic Relations District Court
Doris J. Johnson, Clerk (for distribution)
General District Court
Vincent A. Lilley, Judge
Theresa A. Childress, Clerk (for distribution)
Gerald Holt, Sheriff
Paul Mahoney, County Attorney
Randy Leach, Commonwealth Attorney
Chief Magistrate Raymond Leven
Main Library, Diana Rosapepe
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
John M. Chambliss, Jr., Assistant County Administrator
Dan O'Donnell, Assistant County Administrator
Diane D. Hyatt, Chief Financial Officer
O. Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
Janet Scheid, Chief Planner
3
Rebecca Owens, Director, Finance
David Davis, Court Services
Elaine Carver, Director, Information Technology
Anne Marie Green, Director, General Services
Thomas S. Haislip, Director, Parks, Recreation & Tourism
William E. Driver Director, Real Estate Valuation
F. Kevin Hutchins, Treasurer
Nancy Horn, Commissioner of Revenue
4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28,2007
ORDINANCE 082807-19 AMENDING SEC. 30-74. (FO) FLOODPLAIN
OVERLAY DISTRICT.
WHEREAS, public necessity, convenience, general welfare, and good zoning
practice support an amendment to the Zoning Ordinance of the County of Roanoke to
modify the floodplain overlay district requirements; and,
WHEREAS, the Planning Commission held a public hearing on this amendment
on August 7,2007; and,
WHEREAS, the Roanoke County Board of Supervisors held first reading of this
ordinance on August 14, 2007, and second reading and public hearing on August 28,
2007; and,
WHEREAS, public notice and advertisement of this amendment has been
provided as required by Section 15.2-2204 of the Code of Virginia, and the Roanoke
County Code.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That Section 30-74 Floodplain Overlay District be amended to read and
provide as follows:
Sec. 30-74-1. Purpose.
(A) The purpose of these floodplain provisions is to prevent the following hazards:
1. The loss of life and property;
2. The creation of health and safety hazards;
3. The disruption of commerce and governmental services;
4. The extraordinary and unnecessary expenditure of public funds for flood protection and
relief; and,
5. The impairment of the tax base.
(B) These provisions are designed to accomplish the above purposes by:
1. Regulating uses, activities, and development which, acting alone or in combination with
other existing or future uses, activities, and development, will cause unacceptable increases in
flood heights, velocities, and frequencies;
2. Restricting or prohibiting certain uses, activities, and development from locating within areas
subject to flooding;
3. Requiring all those uses, activities, and developments that do occur in flood-prone areas to
be protected and/or flood proofed against flooding and flood damage;
4. Protecting individuals from buying lands and structures which are unsuited for intended
purposes because of flood hazards.
Sec. 30-74-2. Applicability and Administration.
(A) These provisions shall apply to all lands within the jurisdiction of Roanoke County and
identified as being within a floodplain, as stipulated in this section.
(B) These provisions shall supersede any regulations currently in effect in floodplain areas.
Where conflict exists between these provisions and those of any underlying zoning district, the
more restrictive provisions shall apply.
(C) In the event any provision concerning a floodplain area is declared inapplicable as a result
of any legislative or administrative actions or judicial discretion, the basic underlying zoning
district provisions shall remain applicable.
Sec. 30-74-3. Compliance.
(A) No land shall hereafter be developed and no structure shall be located, relocated,
constructed, enlarged, or structurally altered except in full compliance with the terms and
provisions of this section and any other applicable ordinances and regulations which apply to
uses within the jurisdiction of this section.
Sec. 30-74-4. Delineation of Areas.
(A) The various floodplain areas shall include areas subject to inundation by waters of the 100-
year flood. The primary basis for the delineation of these areas shall be the Flood Insurance
Study for Roanoke County prepared by the Federal Emergency Management Agency, dated
ee:~mlri:i~,Z~Q~,cSiRtimbf!~:?I~'~gg", as amended. These areas are more specifically defined
as follows:
1. The F/oodway is delineated for purposes of this section using the criteria that a certain area
within the floodplain must be capable of carrying the waters of the 1 DO-year flood without
increasing the water surface elevation of that flood more than one foot at any point. These
Floodways are specifically defined in Table 4 of the above referenced Flood Insurance Study
and shown on the Flood Insurance Rate Map accompanying that study.
2. The Flood-Fringe shall be that area of the 1 DO-year floodplain not included in the Floodway.
The basis for the outermost boundary of the Flood-Fringe shall be the 1 DO-year flood elevations
contained in the flood profiles of the above referenced Flood Insurance Study and as shown on
the Flood Insurance Rate Map accompan in the stud.
e
~ 4. The Approximated Floodplain shall be those floodplain areas shown on the flood
insurance rate map for which no detailed flood profiles or elevations are provided, and all other
floodplain areas where the drainage area is greater than 100 acres. Where the specific 1 DO-year
flood elevation cannot be determined for this area using other sources of data such the U.S.
Army Corps of Engineers, Floodplain Information Reports, U.S. Geological Survey Flood Prone
Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall
2
determine this elevation in accordance with hydrologic and hydraulic engineering techniques.
Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others
of demonstrated qualifications, who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Calculations for the design flood shall be related to
existing land use and potential development under existing zoning. Studies, analyses,
computations, etc., shall be submitted in sufficient detail to allow a thorough review by the
director of community development.
(Ord. No. 92893-18,91,9-28-93; Ord. No. 42694-12, 910,4-26-94; Ord. No. 92695-18, 91,9-
26-95; Ord. No. 042799-11, 9 1 c., 4-27-99; Ord. No. 012505-4, 9 1, 1-25-05)
Sec. 30-74-5. Creation of Overlay.
(A) The floodplain areas described above shall be an overlay to the existing underlying zoning
districts as shown on the Official Zoning Map, and as such, the provisions for the floodplain
areas shall serve as a supplement to the underlying zoning district provisions.
(B) The boundaries of the floodplain areas are established as shown on the Flood Insurance
Rate Map which is declared to be part of this chapter and which shall be kept on file in the office
of the administrator.
(Ord. No. 92893-18, 9 1, 9-28-93)
Sec. 30-74-6. Floodplain Boundary Changes and Interpretation.
(A) The delineation of any of the floodplain areas may be revised by the board of supervisors
where natural or manmade changes have occurred and/or made detailed studies conducted or
undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual
documents the need for such change. However, prior to any such change, approval must be
obtained from the Federal Insurance Administration.
(B) Initial interpretations of the boundaries of the floodplain areas shall be made by the
administrator. Should a dispute arise concerning the boundaries of any of the floodplain areas,
the board of zoning appeals shall make the necessary determination. The person questioning or
contesting the location of the floodplain area boundary shall be given an opportunity to present
his case to the board of zoning appeals and to submit technical evidence. Procedures for such
appeals shall be as outlined in Section30-24 of this ordinance.
Sec. 30-74-7. Floodplain Area Provisions, Generally.
(A) All uses, activities, and development occurring within any floodplain area shall be
undertaken only upon the issuance of a zoning permit. Such development shall be undertaken
only in strict compliance with the provisions of this section and with all other applicable codes
and ordinances such as the Virginia Uniform Statewide Building Code and the Roanoke County
Subdivision Ordinance. Prior to the issuance of any such permit, the administrator shall require
all applications to include compliance with all applicable state and federal laws.
(B) Under no circumstances shall any use, activity, and/or development adversely affect the
capacity of the channels or floodways or any watercourse, drainage ditch, or any other drainage
facility or system. Prior to any proposed alteration or relocation of any channels or f100dways of
any watercourse, stream, etc., within Roanoke County, approval shall be obtained from the
Virginia Department of Environmental Quality, Division of Water. Further, notification of the
proposal shall be given to all affected adjacent jurisdictions. Copies of such notification shall be
forwarded to the Virginia Department of Environmental Quality, Division of Water, the State
Department of Intergovernmental Affairs, and the Federal Insurance Administration.
3
(C) The lowest floor elevation of any new residential structure constructed within a floodplain
area shall be at least two (2) feet above base flood elevation. The lowest floor elevation of any
new non-residential structure constructed within a floodplain area shall be at least one (1) foot
above base flood elevation, unless such structure is flood proofed. In addition, no existing
structure shall be modified, expanded or enlarged unless the new construction complies with
this standard.
(0) All applications for development in the floodplain district and all building permits issued for
the floodplain shall incorporate the following information:
1. For structures to be elevated, the elevation of the lowest floor (including basement).
2. For structures to be flood proofed (nonresidential only), the elevation to which the structure
will be floodproofed.
3. The elevation of the one hundred-year flood.
4. Topographic information showing existing and proposed ground elevations.
(E) For all new subdivisions which adjoin or include floodplain areas identified in the flood
insurance study, the base flood elevation shall be shown on the final record plat.
(F) All recreational vehicles located in a FEMA designated floodplain shall either:
1. Be on site for fewer than one hundred eighty (180) consecutive days, be fully licensed and
inspected, and ready for highway use; or
2. Meet the minimum requirements for placement and the elevation and anchoring
requirements for manufactured homes as contained in the Virginia Uniform Statewide Building
Code.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is
attached to the site only be quick disconnect type utilities and security devices, and has no
permanently attached additions.
(Ord. No. 42694-12, ~ 11, 4-26-94; Ord. No. 92695, ~ 1, 9-26-95)
Sec. 30-74-8. Floodway Development Regulations.
(A) In the floodway no development shall be permitted except where the effect of such
development on flood heights is fully offset by accompanying improvements which have been
approved by all appropriate authorities as required above.
(B) The placement of any manufactured home, except in an existing manufactured home park
within the floodway is specifically prohibited.
(C) In the floodway, the following uses, types and activities are permitted provided that (1) they
are in compliance with the provisions of the underlying zoning district, (2) are not prohibited by
any other ordinance and (3) no specific land use requires any type of structure, fill, or storage of
materials and equipment:
1. Agricultural
2. Public Parks and Recreational Areas
3. Outdoor Sports and Recreation
4. Golf Courses
5. Accessory residential uses such as yard areas, gardens, play areas, and loading areas.
6. Accessory industrial and commercial uses such as yard areas, parking and loading areas,
airport landing strips, etc.
(0) The following uses and activities may be permitted by Special Use pursuant to Section 30-
19 of this ordinance provided that they are in compliance with the provisions of the underlying
zoning district and are not prohibited by this or any other ordinance:
1. Structures (except for manufactured homes) accessory to the uses and activities by right,
above.
2. Certain utilities and public facilities and improvements such as pipe lines, water and sewage
treatment plants, and other similar or related uses.
3. Water-related uses and activities such as marinas, docks, wharves, piers, etc.
4
4. Extraction of sand, gravel, and other materials (where no increase in level of flooding or
velocity is caused thereby).
5. Storage of materials and equipment provided that they are not buoyant, flammable or
explosive, and are not subject to major damage by flooding, or provided that such material and
equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed
from the area within the time available after flood warning.
6. Other similar uses and activities provided they cause no increase in flood heights and/or
velocities. All uses, activities, and structural development, shall be undertaken in strict
compliance with the flood-proofing provisions contained in all other applicable codes and
ordinances.
Sec. 30-74-9. Flood-Fringe~jll@II!I;llilf:1lr@l~ and Approximated Floodplain
Development Regl!~;~!!~~~~
(A) In the flood-fringe~'''Aijl@111.'ilili and approximated floodplain the development and/or
use of land shall be permitted in accordance with the regulations of the underlying zoning district
provided that all such uses, activities, and/or development shall be undertaken in strict
compliance with the floodproofing and related provisions contained in the Virginia Uniform
Statewide B~.il~iQ~?S;~~;}~~.~.~!I}~~.ber applicable codes and ordinances.
However, in fl;fi#;~f!~(~~flfiiifJRf.i:i1 and the approximated floodplain areas the applicant and/or
developer shall evaluate the effects of the proposed development and/or use of land on the
floodplain with current hydrologic and hydraulic engineering techniques. The applicant and/or
developer shall submit studies, analysis, computations, etc. to show the delineation of a
floodway based on the requirement that all existing and future development not increase the
100-year flood elevation more than one (1) foot at any point. The engineering principle, equal
reduction of conveyance, shall be used to make the determination of increased flood height.
Sec. 30-74-10. Procedures for Special Uses in Floodways.
(A) Any use listed as permitted with a special use in a floodway shall be allowed only after
application to the county board of supervisors. All such applications shall be reviewed pursuant
to the procedures outlined in section 30-19 of this ordinance. In addition to information required
by section 30-19, all such application shall include the following:
1. Plans in triplicate drawn to scale not less than 1" to 1 00' horizontally showing the location,
dimensions, and contours (at five-foot intervals) of the lot, existing and proposed structures, fill,
storage areas, water supply, sanitary facilities, and relationship of the floodway to the proposal.
2. A typical valley cross-section as necessary to adequately show the channel of the stream,
elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied
by the proposed development, and 100-yearflood elevation.
3. A profile showing the slope of the bottom of the channel or flow line of the stream.
4. A summary report, prepared by professional engineers or others of demonstrated
qualifications, evaluating the proposed project in relation to flood heights and velocities; the
seriousness of flood damage to the use; and other pertinent technical matters.
5. A list of names and addresses of adjoining property owners.
(B) In acting upon such applications, the planning commission and the county board of
supervisors shall consider all relevant factors specified in other sections of this ordinance and:
1. The danger to life and property due to increased flood heights or velocities caused by
encroachments. No special use shall be granted for any proposed use, development, or activity
within the floodway that will cause any increase in flood levels during the 100-year flood.
2. The danger that materials may be swept on to other lands or downstream to the injury of
others.
5
3. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owners.
5. The importance of the services provided by the proposed facility to the county.
6. The requirements of the facility for a waterfront location.
7. The availability of alternative locations not subject to flooding for the proposed use.
8. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
9. The relationship of the proposed use to the community plan and floodplain management
program for the county.
10. The safety of access to the property in times of flood for ordinary and emergency vehicles.
11. Such other factors which are relevant to the purpose of this Section.
(Ord. No. 042799-11, S 1f., 4-27-99)
Sec. 30-74-11. Variances.
(A) The board of zoning appeals may consider variances to the requirements of this section,
under the following guidelines and conditions:
1. Variances may not be considered within any floodway if any increase in flood levels during
the 1 OO-year flood would result.
2. Variance requests may be granted for the reconstruction, rehabilitation, or restoration of
structures listed on the National Register of Historic Places or a State Inventory of Historic
Places without regard to the procedures set forth in this section.
3. Variances may be considered for new construction and substantial improvements to be
erected on a lot contiguous and surrounded by lots with existing structures constructed below
the 100-year flood level using the guidelines set forth in Section 30-74-10(B) above.
(B) The board of zoning appeals may refer any application and accompanying documentation
pertaining to any request for a variance to any engineer or other qualified person or agency for
technical assistance in evaluating the proposed project in relation to flood heights and velocities,
and the adequacy of the plans for protection and other related matters. Variances shall only be
issued after the board of zoning appeals has determined that the granting of such will not result
in:
1. Unacceptable or prohibited increases in flood heights;
2. Additional threats to public safety;
3. Extraordinary public expense;
4. Creation of nuisances;
5. Fraud or victimization of the public; or,
6. Conflict with local laws or ordinances.
Variances shall only be issued after the board of zoning appeals has determined that the
variance will be the minimum relief to any hardship.
(C) The board of zoning appeals shall notify the applicant for a variance, in writing, that the
issuance of a variance to construct a structure below the 1 OO-year flood elevation (a) increases
the risks to life and property, and (b) will result in increased premium rates for flood insurance. A
record of the above notification as well as all variance actions, including justification for their
issuance, shall be maintained and any variances which are issued shall be noted in the annual
report submitted to the Federal Insurance Administration.
Sec. 30-74-12. Existing Structures in Floodplain Areas.
6
(A) A structure or use of a structure or premises which lawfully existed before the enactment of
these provisions, but which is not in conformity with these provisions may be continued subject
to the following conditions:
1. Existing structures and/or uses located in the floodway shall not be expanded or enlarged
(unless the effect of the proposed expansion or enlargement on flood heights is fully offset by
accompanying improvements).
2. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure
and/or use located in any floodplain area to an extent or amount of fifty (50) percent or more of
its market value, shall be undertaken only in full compliance with the Virginia Uniform Statewide
Building Code.
(Ord. No. 92695-18, 9 1, 9-26-95)
Sec. 30-74-13. Liability.
(A) The degree of flood protection sought by the provIsions of this section is considered
reasonable for regulatory purposes and is based on acceptable engineering methods of study.
Larger floods may occur on rare occasions. Flood heights may be increased by manmade or
natural causes, such as ice jams and bridge openings restricted by debris. This section does not
imply that areas outside floodplain areas, or that land uses permitted within such areas, will be
free from flooding or flood damages.
(B) This ordinance shall not create liability on the part of Roanoke County or any officers or
employee thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
2. That this ordinance shall be in effect from and after its adoption.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
A COPY TESTE:
~ 9. 1Ju~
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: Circuit Court
Robert P. Doherty, Jr., Judge
James R. Swanson, Judge
Steven A. McGraw, Clerk
Bonnie Hager, Judicial Secretary
Norce Lowe, Secretary
7
Juvenile Domestic Relations District Court
Doris J. Johnson, Clerk (for distribution)
General District Court
Vincent A. Lilley, Judge
Theresa A. Childress, Clerk (for distribution)
Gerald Holt, Sheriff
Paul Mahoney, County Attorney
Randy Leach, Commonwealth Attorney
Chief Magistrate Raymond Leven
Main Library, Diana Rosapepe
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
John M. Chambliss, Jr., Assistant County Administrator
Dan O'Donnell, Assistant County Administrator
Diane D. Hyatt, Chief Financial Officer
O. Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
Janet Scheid, Chief Planner
Rebecca Owens, Director, Finance
David Davis, Court Services
Elaine Carver, Director, Information Technology
Anne Marie Green, Director, General Services
Thomas S. Haislip, Director, Parks, Recreation & Tourism
William E. Driver Director, Real Estate Valuation
F. Kevin Hutchins, Treasurer
Nancy Horn, Commissioner of Revenue
8