HomeMy WebLinkAbout9/23/2008 - Adopted Board RecordsATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, SEPTEMBER 23, 2408
RESOLUTION o~z~os-1 ADOP'~ING POLICY GUIDELINES FOR
APPROVAL OF THE CREATION OF A COMMUNITY DEVELOPMENT
AUTHORITY
WHEREAS, the Board of Supervisors of Roanoke County the "Board"} has
determined that, under certain circumstances, the creation of a Community
Development Authority ~"CDA"} can further the community andlor economic
development goals of Roanoke County the "County"} through the financing andlor
provision of various services, facilities and improvements ~a "Project"}; and
WHEREAS, in order to make informed decisions as to the proposed creation of a
CDA and subsequent issuance of revenue bonds or other debt obligations by such
CDA, if any the "Bonds"}, the Board needs to receive, and have an opportunity to
review and discuss, certain background, financial, and structural information with
respect to the CDA, the Project and the Bonds; and
WHEREAS, the Board has determined that in order to facilitate petitions for, and
the creation of, a CDA which will further the community andlor economic development
goals of the County, the Petitioners requesting the creation of a CDA the "Petitioners"}
should be provided an opportunity to submit to the Board over a sched~~led period of
time the information required to evaluate the petition, and that not all information w~~ich
will be required by the Board prior to approving the issuance of the Bonds must be
provided prior to the Board's consideration of an ordinance regarding the creation of the
CDA itself.
N4UV, THEREFORE, be it resolved that the Board of Supervisors of Roanoke
County approves and adopts the following guidelines which are designed to ensure that
the Board and the County staff, and the County's consultants and advisors, if any,
receive and have an opportunity to review information necessary to make informed
decisions as to bath the creation of a CDA and the subsequent issuance of the Bonds, if
any, while providing the Petitioners with an opportunity to provide such information over
a period of time.
Policy guidelines
I. Submission of Draft Petition.
a. Submit a Draft Petition; the Peti~~ioners must submit a petition for County
staff review which is in accordance with Section 15.E-5154 VA Code Ann. The review
of the draft petition shall be conducted by the County Administrator, County Attorney,
Directors of Economic Development, Finance and Community Development, or ~~heir
designees, and such outside consultants and advisors as they deem necessary. In
particular, and in addition to any other information required thereby, such petition must
contain the following information:
{i} The name and boundaries of the proposed district, including an afifidavit
certifying that the Petitioners are the owners of at least 51 °/o of the assessed value or
land area of 'the real property contained within the jurisdictional boundaries of the
proposed CDA {the "CDA District"}, a listing of the properties by tax map parcel
number{s}, and a map showing all of the properties and tax parcels within the CDA
District.
{ii} A general description of the services and facilities proposed to be
undertaken by the CDA within the CDA District;
{iii} A general description of the proposed plan for providing and financing
such services and facilities within the CDA District;
(iv) A general descripi:ion of the benefits that can be expected from the
provision of such services and facilities by the CDA and specifically in what manner the
creation of the CDA would be in furtherance of the Comprehensive Plan and the
community and/or economic development goals of Roanoke County;
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~v} The names, addresses, email addresses and phone numbers of those
individuals recorrin~ended by the Petitioners to serve as ~khe ir~i~kial board members of the
CDA;
(vi) A request that the Board of Supervisors establish the proposed CDA for
the purposes set forth in the petition;
vii} Any bonds issued by the CDA shall be a debt of the CDA and not of the
County. The County shall not retire any part of the bonds or pay any debt serrrice of the
CDA out of revenues or funds derived from sources other khan the special tax or
assessment authorized in Section 15.25158 VA Code Ann., except as may be
specifically provided in the ordinance creating the CDA;
(viii) A provision stating that no amendment to an ordinance creating a CDA
shall impose any financial obligation on the Countythat did not exist under the original
ordinance;
fix} A provision staking that ~khe Pet:il:ioners commit to cover all costs for staff
time in reviewing and evaluating the documents required to create a CDA, advertising
for public hearing, retaining ~~inancial, legal, engineering, and other consultants, printing,
and other direct and indirect costs incurred in creating the CDA and obtaining the
financing forthe improvements sought, whetheror notthe Bonds are issued;
fix} A provision stating that the CDA Board shall be comprised of five
members who are appointed by ~khe Board of Supervisors; the term of office shall be for
four ~4} years with each member subject to reappointment. One or more members of
the Board of Supervisors and, County staff, as well as the Petitioners or their
representa~l:ives may be appointed CDA Board members; no person residing outside
Roanoke County may serve on the Board;
~xi} The rate and method of the apportionment of assessments shall be fully
disclosed to potential purchasers of property subject to a special assessment, and such
assessment may be fully paid at any time and the obligation to make any annual
payments thereunder may be permanently satisfied by payment of an amount computed
in accordance with the assessment methodology.
~xii} The CDA andlor Petitioner will reimburse the County for any costs
incurred in levying and collecting the special tax or assessments, if any, and any other
ongoing administrative costs of the Co~~inty in connection with levying and collecting any
such special tax or assessments and oversight of the CDA.
b. Provide Funds S~~fficient to Cover County Expenditures and Staff Time
Incurred Creating the CDA and Reviewing Financing: At the time of submitting the
petition, the Petitioners must provide:
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~i} A cashier's check in the amount of $20,000 the "Initial Submission Fee"}
or a letter of credit or other surety acceptable to the County to cover the anticipated
costs of the County. If the County's costs exceed ~khe Initial Submission Fee, the County
may require the Petitioners to provide additional money, letter of credit or surety.
iii} Such surety will be called upon if the Petitioners fail to reimburse the
Coi~inty for the additional expenditures within 45 days of receipt of the invoice.
c. Demons~krate Potential Community and Economic Development Benefits.
~i} The initial informa~kion required to be provided with the draft petition must
indicate that the proposed project or purpose for establishing the CDA has the potential
for advancing the County's community andlor economic development goals in
conformity with the Co~~nty's comprehensive plan, zoning ordinance and capital
improvements plan.
iii} A financial and land lase assessment performed by the County or its
agents must demonstrate that the CDA's proposed development and business plan is
sound, and the proposed project or purpose for establishing a CDA is economically
feasible and has a high likelihood of success. The analysis must confirm why
establisr~ing a CDA is superior to other financing mechanisms from a public interest
perspective.
d. Work with County Staff to Develop ~khe Peti~kion and tl~e ordinance creaking
the CDA;
~i} The Petitioners will respond to and incorporate changes to the draft
petition as requested by County staff prior to any notice of public hearing being
published with respect to 'the proposed crea~l:ion of the CDA. Failure to incorporate such
changes will result in a staff recommendation to the Board against the creation of the
CDA.
iii} The Petitioners will work with and cooperate with County staff to draft a
proposed ordinance with respect to the creation of the CDA which will be available for
public inspection at the time of publication of the notice. In addition to such other
information as may be required by County Staff and the Board, the proposed ordinance
shall contain a statement substan~kially to ~khe effect that ~khe adoption by ~khe Board of an
ordinance approving the creation of a CDA does not constitute approval of the iss~~ance
of any bonds orsimilardebt obligations by the CDA.
e. The County will require the Petitioners to enter into a memorandum of
understanding with the County setting forkh, as a minimum, the following items. At the
option of the County, such agreement will be entered into by the County and the
Petitioners before any Petition is considered by the Board of S+~pervisors or at a later
date. If such agreement will be entered into at a later date, a draft agreement will be
provided to the County before consideral:ion of any Pe~ki~kion.
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(i) The business plan of the CDA.
iii) The level, quality and type of public facilities andlor infrastructure to be
financed by the CDA with such degree of specificity as may be required by tl~e County,
including a statement identifying the anticipated public owner or owners of such p~~blic
facilities andlor infrastructure.
(iii) Protections for the benefit of the County with respect to repayment of debt.
Div) Protections for the benefit of individual lot owners within the CDA's
boundaries with respect to foreclosure and other collection actions should their
respective assessment be paid or is current
(v) That, if the CDA requests the County to levy a special tax on its property
owners, the CDA will pay the County for the costs to levy and collect the special tax and
any other ongoing administrative costs of the County.
II. Prior to the Posting of a Notice of a Public Hearing. The Petitioners shall
submit the following items prior to the notice of public hearing being published with
respect to the praposed ordinance providing for the creation of the CDA.
a. Detailed Informatian Regarding the CDA. The following information andlor
descriptions must be provided:
~i} A general description of the Project itself, including background and other
information with respect to the Petitioners andlor developers of the Project, and the
boundaries of the proposed CDA District;
iii} The improvements, services and facilities anticipated to be financed by the
Bonds, including preliminary cost estimates, project phasing, and projected land
absorp~l:ion within the CDA District;
viii} A detailed summary of tl~e CDA's proposed financing structure, including a
schedule of the proposed CDA financing and debt service;
Div) A discussion of the security for, and means by which, debt service on the
Bonds will be paid, including a disc~~ssion of any applicable debt service reserve fund,
capitalized interest financing, and estimated lien-to-value ratios at both the time the
Bands will be issued and once the development is expected to be complete.
~v) A detailed summary of the assessment methodology to be used in
determining the apporl:ionment of benefits and special assessments within tl~e CDA
District, including a description of the anticipated assessment liens and the means of
imposing, collecting and terminating installment payments payable pursuant to such
assessment liens.
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Bonds.
(vi) Initial Pro-Forma Projected Financial Information with respect to the
vii) Delivery of Pro-Forma Financial projections which indicate sufficient debt
service coverage and lien-to-value ratios to successfully market the Bonds, with such
projections being prepared by an organization or consultant with recognized experience
and reputation in such matters.
viii} A business plan relating to the projected development of the property
witriin the proposed CDA District and an appraisal with respect to carr~mercial property
or other property which is expected to provide additional funds for debt service
coverage on the Bonds or which will be included as additional security for the Bonds,
unless otherwise directed by tl~e Board.
fix} A preliminary estimate of the aggregate face amount, interest rate and
amortization period for ~khe Bonds based on current market condil:ions.
b. A certification that the proposed community development authority will not
provide services which are provided by, or obligated to be provided by any authority
already in existence unless the existing authority certifies that the proposed community
development authority will not have a negative impact upon any existing authority's
operational orfinancial condition.
c. The Petition, Ordinance and Supporl:ing Documents. The Petitioners shall
provide the County with fifteen ~~ 5) copies of the Petition, the Ordinance, and all
supporting documents wr~ich will be distributed to the Board and made available to the
publicfor inspection,
III. Prior to the Issuance of Bonds.
a. Consent of Board. The adoption of the Baard of an ordinance approving
the creation of a CDA does not cansi:i~kute approval of the issuance of any bonds or
similar debt obligations by the CDA. Accordingly, the CDA may not issue any bonds or
sirr~ilar debt obligations without the prior consent of the Board. The final assessment
methodology must be submitted to the Board of Supervisors for its consent prior to the
issuance of the bonds; such submittal must be within a reasonable time prior to the
Board's consideration.
b. Additional Information May be Requested. Subsequent to the adoption of
an Ordinance creating a CDA, but prior to the issuance of the Bonds, the Board may
request such additional information from the Petitioner andlor developer of the Project
as it may reasonably deem necessary, including but not limited to, evidence that the
Petitioners andlor developers have provided such information and satisfied such
conditions to the issuance of the Bonds as the County may reasonably impose,
precedent to the issuance of the Bonds req~~ired by the commitment letter referred to
above.
c. Statement in Financing Documents. The principal financing documents
prepared with respect to the issuance of the Bonds and the Project shall rei'lect the fact
that the County has no financial liability for present or future improvements connected
with the Project,
d. Executed Commitment Letter. A copy of an executed commitment letter
from a reputable buyer or underwriter to finance, purchase, or otherwise place an
offering of the Bonds, which shall be in form and substance acceptable to the Board of
Supervisors must be submitted which shall include, among other things, the following
conditions that must be satisfied prior to the issuance of the Bonds:
~i} Receipt of the unqualified opinion of Bond Counsel, inform and substance
acceptable to the Underwriter, that the Bonds will be the legal, valid and limited
obligations of the CDA.
iii} Delivery of Pro-Forma Financial projections which indicate sufficient debt
service coverage and lien-to-value ratios to successfully market the Bonds, with such
projections being prepared by an organization or consultant with recagriized experience
and reputation in such matters.
viii} A feasibility study relating to the projected development of the property
within the proposed CDA District and an appraisal with respect to property which is
expected to provide additional funds for debt service coverage on the Bonds or wr~ich
will be included as additional security for the Bonds, unless otherwise directed by the
Board of Supervisors.
(iv} A preliminary estimate of the aggregate face amount, interest rate and
amortization period for the Bonds based on current market conditions.
These guidelines shall be subject to review, waiver andlor modification by the
Board at any time.
That this resolution is effective September 24, 2008.
4n motion of Supervisor Flora to adapt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
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A COPY TESTE:
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M ry V. Brandt, CPS
Assis t Deputy Clerk to the Board
c: Paul Mahoney, County Attorney
Doug Chittum, Director, Economic Development
Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
Rebecca Owens, Director, Finance
S
ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON 1"UESDAY, SEPTEMBER 23, 2008
RESOLUTION 092308-2 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE APPROVING THE ISSUANCE OF REVENUE
BONDS BY THE ECONOMIC DEVELOPMENT AUTHORITY OF
ROANOKE COUNTY IN AN AGGREGATE AMOUNT NOT TO EXCEED
$14.5 MILLION FOR THE BENEFIT OF RICHFIELD RETIREMENT
COMMUNITY
WHEREAS, the Econorr~ic Development Authority of the County of Roanoke,
Virginia the "Authority"}, ~a} has considered the application of Richfield Retirement
Community (the "Borrower"), an organization which is described in Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended the "Code"}, whose address is 3615 West
Main Street, Salem, Roanoke County, Virginia 24153 the approximately 50 acres of land
within the County of Roanoke, Virginia, owned by the Borrower at and adjacent to such
address being referred to as the "Property"} requesting the issuance of the Authority's
revenue bonds, atone time or from time to time in one or more series, in an amount not to
exceed $10,500,000 the "Bonds"}, to assist the Borrower in all or a part of the following
plan of financing collectively, the "Plan of Financing"}for the benefit of the Borrower: ~i}
refunding all or a portion of the Authority's outstanding Industrial Development Revenue
Bond Richfield Retirement Community,1996}originally issued on December 19,1996, to
finance, inwholeorin part,theacgi~iisition, construction and equipping of an approximately
49,200 square foot single-story assisted living facility located at 3939 Daugherty Road on
the Property; (ii) refunding all or a portion of the outstanding Industrial Development
Authority of the City of Salem, Virginia, Industrial Development Revenue Bond Richfield
Retirement Community} originally issued on December 31,1992, to finance, inwholeorin
part, the construction and equipping of an approximately 45,000 square foot single-story
assisted living facility located at 3lOfi Knollridge Road on the Property; ~iii~ refinancing of a
loan previously issued tofinance, in whole or in part, the construction and equipping of an
approximately ~ 2,500 square foot single-story professional building owned and operated by
the Borrower for use by providers of medical services and products located at 3131 West
Main Street on the Property; Div} financing, at an approximate cost of $5,800,000, the
construction and equipping of two approximately 22,000 square foot three-story buildings,
each comprising ten residential units, for use as facilities for the residence of the aged to
be located on the Property; and ~v~ other casts associated with the foregoing, to the extent
~financeable, including, without limita~kion, costs of issuance, credit enhancement costs,
capitalized interest and/or working capital and (b) has held a public hearing on September
~ 7, 2008; and
WHEREAS, Section 1470 of the Code provides that the governmental unit having
jurisdiction over the iss~~er of private activity bonds and over the area in which any facility
financed with tl~e proceeds of private activity bonds is located must approve the issuance
of the bonds; and
WHEREAS, the Authority issues its bonds on behalf of the County of Roanoke,
Virginia the "County"~, ~khe Plan of Financing concerns certain improvements located and
to be located in the County, and ~khe Board of Supervisors of the County the "Board"~
constitutes the highest elected governmental unit of the County; and
WHEREAS, the Authority has recommended that the Board approve the Plan of
Financing and ~khe issuance of ~rhe Bonds; and
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WHEREAS, a copy of the A~~thority's resolution approving the Plan of Financing and
the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the
public hearing, and a Fiscal Impact Statement have been filed with ~khe Board.
NGIN, THEREFCJRE, BE IT RESGLVED BY THE BDARD GF SUPER1lISGRS GF
THE COUNTY 4F RDAN~KE, VIRGINIA:
1. `fhe Board approvesthe Plan of Financing and the issuance of the Bonds bythe
Authority for the benefit of the Borrower, as required by Section 147(fl of the Code and
Section 15.2-4905 of the Code of Virginia of 1950, as amended.
2. The approval of the Plan of Financing and the issuance of the Bonds does not
constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness
of the Plan of Financing or the Borrower.
3. This resolution shall take effect immediately upon its adoption.
Gn motion of Supervisor Church to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Ali:izer, McNamara, Flora
NAYS: None
A CO Y TESTE:
M ry randt, CPS
Assist t Deputy Clerk to the Board
c: File
Doug Chittum, EDA SecretarylTreasurer
Dan Barnes, EDA Legal Counsel
Diane Hyatt, Chief Financial Gfficer
Paul Mahoney, County Attorney
Rebecca Owens, Director, Finance
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CERTIFICATE
The undersigned Clerk oftheBoard of Supervisorsof Roanoke County, Virginia the
"Board"~, hereby certifies as follows:
A regular meeting of the Board was held on September~3, X008, atwhich meeting
the following duly elected men~~bers were present or absent:
PRESENT: Richard C. Flora
Michael vll. Altizer
Joseph "Butch" B. Cr~urch
Joseph P. McNamara
Charlotte A. Moore
ABSENT: None
Attached hereto is a true, correct and complete copy of Resolution 09308-2
adopted by a majority of the members of the Board present and voting at such meeting.
WITNESS the following signature this ~3~d day of September X008.
[SEAL]
Mary' ~1. randt, CPS, Assistant Deputy Clerk
Board f ~~ipervisors of Roanoke County,
Virginia
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ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTYADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 23, 2008
ORDINANCE 09230$-3 AMENDING SECTION 8.~-G OF CHAPTER 8.1
"EROSION AND SEDIMENT CONTROL" OF THE ROANOKE COUNTY
CODE TO ADD CERTIFIED LANDSCAPE ARCHITECT AS A
PROFESSIONAL TO PREPARE EROSION AND SEDIMENT CONTROL
PLANS
WHEREAS, Section 8.1-6 (a) (2) and (3) provide that an erosion and sediment
control plan must be prepared by a professional engineer; and
UVHEREAS, Acts of Assembly 2006, Chapter 043 amended Section 54.1-409 of
the State Code to provide that a certified landscape architect is authorized to prepare
subdivision plans, site plans, plans of development including erosion and sediment
control plans; and
UUHEREAS, the Roanoke County Code must be amended to conform with the
State Code; and
VIlHEREAS, the first reading of this ordinance was held on September 9, 2008,
and the second reading was held on September 23, 2008.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That Section 8.1-6 (a) (2) and (3) be amended to read and provide as
follows:
2} Where the land-disturbing activity results in between five thousand (5,D00) square
feet and ten thousand (10,000) square feet andlor five hundred (50D) to seven hundred
fifty (75D) cubic yards of disturbed area, either a plot plan prepared by a certified
responsible land disturber or an engineered plan prepared by a professional engineer or
a certified landscape architect showing the erosion and sediment control measures
must be submitted and executed by the plan-approving authority. A certified responsible
land disturber must be named.
(3) Where the land-disturbing activity results in ten thousand (10,OOD) square feet or
more andlor seven hundred fifty X750} cubic yards or more of disturbed area, an erosion
and sediment control plan must be submitted which has been prepared by a
professional engineer or a certified landscape architect. For disturbed areas of less than
ten thousand (10,000} square feet, refer to the chart below to determine requirements
for the site.
TABLE INSET:
Square Andlar Cubic
Requirements
Feet Yard s
~
2
500
0 Exempt from E&S Plan; building permit plot plan
, required
2,500-- 250-- "Agreement in Lieu" of a plan; permit fee; building
5,000 500 permit plot plan required
5
000--
500-- Certified RLD, *building permit plot plan by a
.. .
,
~ o
oo0
750 certified RLD, certrf~ed landsca~ae architect, or a
, .
P.E., permit fee
~, Erosion and sediment control plan prepared
000
> ~ 0 >l50
by a P.E. or cer~rfred lar~dsca~e architect;
, agreement; surety; a building permit plot plan, if
required by the building commissioner
2. That this ordinance shall be in effect from and after the date of its
adoption.
~n motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
A COPY TESTE:
Ma Bran t, C S
Ass t nt Deputy Clerk to the Board
c: Circuit Court
Robert P. Doherty, Jr., Judge
James R. Swanson, Judge
Steven A. McGraw, Clerk
Bonnie Hager, Judicial Secretary
Norce Lawe, Secretary
Juvenile Domestic Relations District Court
Doris J. Johnson, Clerk ~fordistribution~
General District Court
Vincent A. Lilley, Judge
Theresa A, Childress, Clerk for distribu~kion~
Gerald Holt, Sheriff
Kevin Hutchins, Treasurer
Nancy Horn, Commissioner of Revenue
Paul Mahoney, County Attorney
Randy Leach, Commonwealth Attorney
Chief Magistrate Raymond Leven
Diana Rosapepe, Director, Library Services
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Church Avenue, S.W., Rke X4015
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
John M. Chambliss, Jr., County Administrator
Dan O'Donnell, Assistant County Administrator
Diane D. Hyatt, Criief Financial Officer
Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
Rebecca Owens, Director, Finance
David Davis, Court Services
Elaine Carver, Chief Information Officer
Bill Greeves, Director, Information Technology
Anne Marie Green, Director, General Services
Pete Haislip, Director, Parks, Recreation & Tourism
William E. Driver Director, Real Estate Valuation
Brent Robertson, Director, Management & Budget
ATA REGULAR MEETING OF THE BARD 4F SUPERVISORS 4F R~AN41~E
COUNTY, VIRGINIA, HELD AT -THE ROAN~I~E COUNTY ADNIINISTRATI4N
CENTER ON 'TUESDAY, SEPTEMBER 23, 2008
RES~LU'rION 09~3Q8-4 APPRGVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ~N THE BARD aF SUPERVISGRS AGENDA FGR
THIS DATE DESIGNA'~ED AS ITEM J-CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for September
23, 208 designated as Item J -Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 3 inclusive, as follows:
1. Approval of minutes-August ~6, 2008
2. Confirmation of committee appointments
3. Request to accept and appropriate Division of Motor Vehicle Grants in the
amount of $93,810 and Bureau of Justice Assistance Grant in the amount of
$10,833
-flat the Clerk to the Board is hereby authorized and directed where required bylaw
to set forth upon any of said items the separate vatetabulation for any sucr~ item p~~rsuant
to this resolution.
On motion of S~~ipervisor Altizer to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
A COPY TESTE:
~. ~
/ ~
MaryN randt, CPS
Assiss~ka. t Deputy Clerk to the Board
c: James R. Lavinder, thief of Police
Lt. Steve Turner, Grant coordinator, Police Department
Rebecca Owens, Director, Finance
ACTION NO. A-092308-4.a
ITEM NO. J-2
AT A REGULAR MEE-f ING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 23, 2008
AGENQA ITEM: Ratification and confirmation of committee appointments
SUBMITTED BY: Mary V. Brandt, CPS
Assistant Deputy Clerk
APPROVED BY: John Chambliss
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMA'I•ION:
1. Blue Ridge Behavioral Healthcare
Chairman Flora advised that the Blue Ridge Behavioral Healthcare Board has
recommended that the appointment of Larry Cadd, member at large, be ratified by the
County of Roanoke. Mr. Cadd's initial term will begin January 1, 2009, and run
trirough December 31, 2011. The member at large appointment must be ratified by
Roanoke County and the Cities of Roanoke and Salem. It was the consensus of the
Board that ratification of Mr. Cadd's appointment be placed on the consent agenda.
2. Disability Services Board
It was the consensus of the Board that confirmation of Mandi Smith's appointment be
placed on the consent agenda. Ms. Smith, Therape~~tic Recreation Supervisor for the
Parks, Recreation and Tourism Department, was appointed to serve the unexpired
portion of Debbie Pitts' current term which will expire December 31, 2008, and was
also appointed to serve an additional three-yearterm which will expire December 31,
2011.
VQTE:
Supervisor Al~kizer motion to approve staff recommendation
Motion Approved
Yes No Abs
Ms. Moore ~ ^ ^
Mr. Church ~ ^ ^
Mr. Al~tizer ~ ^ ^
Mr. McNamara ~ ^ ^
Mr. Flora ~ ^ ^
c: Blue Ridge Behavioral Healthcare
Disability Services Board
ACTION N0. A-092308-4.b
ITEM NO. J-3
AT A REGULAR MEE1-ING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 23, 2008
AGENDA ITEM: Request to accept and appropriate Division of Motor Vehicle
grants in the amount of $93,810 and Bureau of Justice
Assistance grant in the amount of $10,833
SUBMITTED BY: James R. Lavinder
Chief of Police
APPROVED BY: John M. Chambliss, Jr.
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Five grant funds in the total amount of $93,810 became available from the Division of
Motor Vehicles ~DMV} that will be used to support the Roanoke County Police
Department's traffic enforcement and training.
(1) The first grant is in the amount of $29,860 to reduce alcohol related fatalities and
serious injuries in traffic crashes.
~2} The second grant is in the amount of $19,450 to reduce traffic crashed involving young
drivers and improve teen driver safety.
(3) The third grant is in the amount of $25,500 to provide for equipment and training of the
regional crash team.
(4) The fourth grant is in the amount of $15,000 to provide for special traffic enforcement in
the 181 safety corridor.
~5) There is an additional $4,000 made available by DMV for our c~~irrent DUI enforcement
grant. There is no cost to Roanoke County.
The B~ireau of Justice Assistance (BJA) grant is in the amount of $10,833 for~the purchase
of police traffic radar equipment. This will be for Fiscal Year 2009 (October 1, 2008
through September 30, 2009.)
FISCAL IMPACT;
None
ALTERNATIVES:
None
STAFF RECQMMENDATION:
Staff recommends acceptance and appropriation of these DMV grants in the total amount
of $93,81 ~ and BJA grant in the amount of $10,833.
VQTE:
Supervisor Altizer motion to approve staff recommendation
Mo~l:ion Approved
Yes No Abs
Ms. Moore ~ ^ ^
Mr. Church ~ ^ ^
Mr. Altizer ~ ^ ^
Mr. McNamara ~ ^ ^
Mr. Flora ~ ^ ^
Cc: James R. Lavinder, Chief of Police
Lt. Steve T~~rner, Grant Coordinator, Police Department
Rebecca CJwens, Director, Finance
a
AT A REGULAR MEE1-ING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT "rHE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 23, ~g08
RESQLUTIaN 09308-5 CERTIFYING THE CLOSED MEETING 11VAS
HELD IN CGNFORMITY 1NITH THE CaDE 4F 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, Sec#ion 2.2-3112 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, thatthe Board of Supervisorsof Roanoke
County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Drily 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. Onlysuch p~~blicbusiness mattersaswere identified inthemo#ion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Flora to adoptthe resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Al~li~er, McNamara, Flora
NAYS: None
A COPY TEST
f°
Ma .Brandt, CPS
Ass nt Deputy Clerk to the Board
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT ~fHE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 23, 2008
ORDINANCE 092308-6 TO AMEND ORDINANCE 1zo5o~-3 TO
ACCEPT THE CONVEYANCE OF A TOTAL OF 153.029 ACRES OF
REAL ESTATE PORTIONS OF TAX MAP N0. 39.00-01-01.05 AND
40.01-01-22.00 LOCATED ON READ MOUNTAIN FROM FRALIN &
WALDRON, INC, TO THE BOARD OF SUPERVISORS
WHEREAS, by Ordinance 120506-3, the Board of Supervisors accepted the
donation to Roanoke County by Fralin and Waldron, Inc of a parcel of real estate
consisl:ing of 152.274 acres located on Read Mountain on December 5, 2006; and
WHEREAS, an additional area of 0.155 acres has been determined to be
necessary to perrriit completion of a trail system to provide adequate access and
trailhead parking for the previously donated property on Read Mountain which has been
generously agreed to by the owner; and
WHEREAS, F & W Community Development Corp. will convey this additional
property without cost to the County of Roanoke to permit the appropriate enjoyment of
this portion of Read Mountain for the benefit of the citizens of and visitors to the
Roanoke Valley; and
WHEREAS, the acceptance of this conveyance is consistent with the adopted
Community Plan, and it will support the opei7 space and view shed protec~kion policies
and goals of the County and provide enhanced opportunities far passive recreational
uses; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance will be held on September 9, 2008, and the second
reading and public hearing will be held on September 23, 2008.
NOVV, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. -that Ordinance 124505-3 is hereby amended to permit the acquisition by
donation fron~ F & VII Community Development Corp. of an additional 0.755 acre parcel
of real estate located on Read Mountain (Portions of Tax Map No. 040.00-01-22.00), in
order to create a new parcel of 153.029 acres designated as "New Parcel 2-B-1" as
designated on a plat of survey by Lumsden Associates, P.C., dated July 7, 2008, is
hereby authorized and approved. The location of this parcel of 0.755 acres is shown
on "SITE PLAN -READ MOUNTAIN PRESERVE" dated September 2, 2008, attached
as Exhibit "A",
2. That the County Administrator or Assistant County Administrator are
hereby au~khorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisi~l:ion of ~khis
real estate, all of which shall be approved as to form by the County Attorney.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
A COPY TESTE:
Ma .Brandt, CPS
Ass ant Deputy Clerk to the Board
2
c: Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Plarir~ing
John Murphy, Zoning Administrator
William Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
3
•• ]~
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ATA REGULAR MEETING GF THE BGARD OF SUPERVISGRS GF ROANGKE
CQUNTY,VIRGINIA, HELD AT THE RGANGKECGUNTYADMINISTRATIGN
CENTER ~N TUESDAY, SEPTEMBER 23, 2008
ORDINANCE ~923~S-1 GRANTING A SPECIAL USE PERMIT TO
OPERATE ADRIVE-IN AND FAST FOOD RESTAURANT GN ~ $.02
ACRES LOCA'f ED AT 394a VALLEY GATEWAY BOULEVARD TAX
MAP NO. 5~.4~ -~ -5.8~ VINTON MAGIS'f ERIAL DISTRICT, UPON THE
PETITION OF KROGER LIMITED PARTNERSHIP
WHEREAS, Kroger Limited Partnership has filed a petition for a special use
permit to operate adrive-in and fast food restaurant to be located at 3940 Valley
Gateway Boulevard (Tax Map No. 50.01-1-5.8) in the Vinton Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
September 2, 2008; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on August 2G, 2008; the second reading and public hearing on
this matter was held on September 23, 2008.
NOW, THEREFGRE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Kroger
Limited Partnership to operate adrive-in and fast food restaurant to be located at 3940
Valley Gateway Boulevard in the Vinton 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 drive-in or fast food restaurant shall not exceed 1,400 square feet.
l
(2) No drive-through window shall be constructed or installed.
(3) There shall be no temporary signage on site.
(4) There shall be no parking of commercial vehicles with business
advertisement on site.
2. That this ordinance shall be in full force and effect thirty X30} 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
bythis ordinance.
an motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
A COPY TESTE:
Mary randt, CPS
Assis t Deputy Clerk to the Board
c: Arnold Covey, Director, Camrriunity 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 ROANOI~E
COUNTY, VIRGINIA, HELD AT THE ROANO~SE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER Z3, Z008
ORDINANCE 09~~08-8 OF THE BOARD 4F SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA, ELEC'~ING TO ASSUME THE
POWER TO CONSIDER PETITIONS FOR THE CREATION OF
COMMUNITY DEVELOPMENTAUTHORITIES
WHEREAS, the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.x,
Code of Virginia of 1950, as amended the "Act"} empowers any county, by ordinance,
to elect to assume the power to consider petitions for the creation of community
development authorities in accordance with the Act; and
WHEREAS, following a public hearing held in accordance with ~~he Act, the Board
of Supervisors of the County of Roanoke, Virginia, has determined that it is in the best
interest of the County of Roanoke, Virginia the "County"} for the County to elect to
assume such power to consider pe~kitions for the creation of community development
authorities.
NOW, THEREFORE, BE IT ORDAINED BY -fHE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1, The County hereby elects to assume the power to consider petitions for
the creation of comm~~nity development authorities in accordance with the
Act.
2. This Ordinance shall became effective upon adoption,
The undersigned Clerk of the Board of Supervisors of the County of Roanoke,
Virginia, certifies that the foregoing constitutes a true, complete, and correct copy of an
Ordinance adopted at a regular meeting of the Board of Supervisors of the County of
Roanoke, Virginia, held on September ~3, 2008.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Alti~er, McNamara, Flora
NAYS: None
A COPY TESTE:
Mary V. ndt, CPS
Assista Deputy Clerk to the Board
c: Paul Mahoney, County Attorney
Doug Chit~lum, Directar, Economic Development
Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
Rebecca Owens, Director, Finance
2
AT A REGI~LAR MEETING QF THE BOARD QF SUPERVISORS 4F R4ANQKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 23, 2008
ORDINANCE 49348-9 TO ACCEPT THE CONVEYANCE OF THREE
PARCELS OF UNIMPROVED REAL ESTATE FOR THE EXTENSION
OF HUFFMAN LANE, ROUTE lfi~, TO THE BOARD OF SUPERVISORS
AND TO AUTHORIZE THE ADDITION THEREOF TO THE STATE
SECONDARY SYSTEM QF HIGH~IVAYS
WHEREAS, as part of the extension of Huffman Lane, State Route 161, as part
of a Roanoke County's Rural Addition project funded in parknership with the Virginia
Department of Transportation (VDOT), three adjacent land owners desired to donate
portions of their property in fee simple to Roanoke for right-of-way purposes to permit
the construction of a cul-de-sac at the terminus of Huffman Lane; and
WHEREAS, James W. Logan, Jr. and Sheila H. Logan, Steven E. Greer and
Patsy K. Greer, and Catherine L. McCain have freely and voluntarily entered into deeds
to the Board of Supervisors of the County of Roanoke, Virginia, to thus allow the Board
of Supervisors to obtain ownersl'~ip of each property for purposes road construction
upon approval of this ordinance and recordation of a deed; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests to the County of Roanoke be
accomplished by ordinance; the first reading of this ordinance was held on September
9, 2008, and the second reading and public hearing was held on September ~3, 2008.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acquisition from James W. Logan, Jr, and Sheila H. Logan of
approximately O.a081 acres of real estate for purposes of location and construction of
extensions and improvements of Huffman Lane, Route 761, as shown on a plat entitled
"Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by
JAMES W. JR. & SHEILA H. LGGAN Roanoke County Tax Map Parcel #50.00-02-25.00
si~fuated along Huffman Lane, Vinton Magisterial District, Roanoke County, Virginia"
dated July 15, 2005, is hereby authorized and approved,
2. That the acquisi~fion from Steven E. and Patsy K. Greer of approximately
0.0283 acres of real estate for purposes of Iocatian and construc~:ion of extensions and
improvements of Huffman Lane, Route 161, as shown on a plat entitled "Plat showing
right-of-way being conveyed to Board of Supervisors, Roanoke County by STEVEN E.
& PATSY K. GREER Roanoke county tax map parcel #80.00-02-21.00 situated along
Huffman lane, Vinton Magisterial District, Roanoke County, Virginia" dated July 1 ~,
2008, is hereby authorized and approved.
3. That ~~he acquisi~l:ion from Catherine L. McCain of approximately 0.1203
acres of real estate for purposes of Ioca~:ion and construction of extensions and
improvements of Huffman Lane, Route 161, as shown on a plat entitled "Plat showing
right-of-way being conveyed to Board of Supervisors, Roanoke County by CATHERINE
L. McCAIN Roanoke County Tax Map Parcel #80.03-01-26.00 situated along Huffman
Lane, Vinton Magisterial District, Roanoke County, Virginia" dated July 15, 2005, is
hereby authorized and approved.
4 That the addition of the extension and improvement of Huffman Lane,
Route 761, to the Secondary System of State Highways of the Commonwealth of
Virginia is hereby intended upon the recordation of the deeds from the above described
2
land owners to the Board of Supervisors of Roanoke County, Virginia, and approval of a
resolution forthis Rural Road Addition.
5 That the Co+~+nty Administrator or Assistant County Administrator are
hereby authorized to execute such doc~~ments and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of this
real estate, all of which shall be approved as to form by the County Attorney.
Qn motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS; None
A COPY TESTE:
Mary V. andt, PS
Assist Deputy Clerk to the Board
c: 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
3
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AREA= 5241.37 S.F, 8.1283 Ac. PLAT SHOWING
RIGHT-QF-WAY BEING CbNVEYEb
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cuR ~~~ BEARD ~F SUPERVISORS, R~ANO~ CO~TNT~
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BOARD OF SUPERVISORS, ROANOKE OO~NTY
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R~ B~ARI~ aF SUPERViS~RS, R~AN~KE C~iINTY
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