HomeMy WebLinkAbout12/31/1992 - Regular~ AN ,~.
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ADf OURNED MEETING
ROANOSE COUNTY BOARD OF SUPERVISORS
ACTION AGENDA
DECEMBER 31, 1992 - 8:00 A.M.
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This is an Adjourned Meeting of the Roanoke County Board of Supervisors
from December 17, 1992. This meeting is being held at the Salem City
Council Chambers, 114 North Broad Street, Salem, Virginia
A. OPENING CEREMONIES (8:00 A.M.)
1. Roll Call
EGK AND FM ABSENT AT 8:12 A.M.
B. NEW BUSINESS
1. Resolution Concurring in the Application of Richfield
Retirement Community to the Industrial Development
Authority of the City of Salem, Virginia, for Issuance of
Revenue Bonds Not to Exceed $3,800,000.
R-123192-1
BI T MOTION TO ADOPT RESO
AYES-BI.~T, HCN~.BE
NAYS-NONE
ABSENT EGK,FM
C. ADJOURNMENT
B ~T MOTION TO ADJOURN AT 9:15 P.M. - UW WITH EGK AND FM
ABSENT
® Recycled Paper
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AT AN ADJOURNED MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COIINTY, VIRGINIA, HELD AT THE SALEM CITY COUNCIL CHAMBERS ON
THIIRSDAY, DECEMBER 31, 1992
RESOLUTION 123192-1 CONCIIRRING IN THE APPLICATION OF
RICHFIELD RETIREMENT COMMUNITY TO THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE CITY OF SALEM, VIRGINIA,
FOR ISSIIANCE OF REVENUE BONDS NOT TO EXCEED $3,800,000
WHEREAS, The Industrial Development Authority of the City of
Salem, Virginia, (the Authority) has considered the application of
Richfield Retirement Community (the Borrower) requesting the
issuance of the Authority's revenue bond in an amount not to exceed
$3,800,000 (the Bond) to assist in the financing of the
construction and equipping of a 120-bed home for the elderly (the
Project) on the Borrower's campus located at 3615 West Main Street
in Roanoke County, Virginia, which will be owned and operated by
the Borrower, and has held a public hearing thereon; and
WHEREAS, it has been requested that the Board of Supervisors
of Roanoke County, Virginia, (the Board) approve the financing of
the Project and the issuance of the Bond, and such approval is
required for compliance with Section 147(f) of the Internal Revenue
Code of 1986, as amended (the Code);
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANORE COUNTY,
VIRGINIA:
1. The Board approves the financing of the Project and the
issuance of the Bond by the Authority for the benefit of the
Borrower, as required by said Section 147(f), to permit the
Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bond, as required by
said Section 147 (f) , does not constitute an endorsement of the Bond
or the creditworthiness of the Borrower or otherwise indicate that
the Project possesses any economic viability. The Bond shall
provide that neither the Commonwealth of Virginia (the
Commonwealth) nor any political subdivision thereof, including
Roanoke County (the County) and the Authority, shall be obligated
to pay the principal of or interest on the Bond or other costs
incident thereto except from the revenues and receipts pledged
therefor and that neither the faith or credit nor the taxing power
of the Commonwealth or any political subdivision thereof, including
the County and the Authority, shall be pledged thereto.
3. The Board concurs with the resolution adopted by the
Authority with respect to the Bond on December 31, 1992, a copy of
which resolution has been provided to the Board.
4. The resolution relating to the Project which was adopted
by the Board on May 26, 1992 is hereby rescinded.
5. This Resolution shall take effect immediately upon its
adoption.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Nickens, Eddy
NAYS: None
ABSENT: Supervisors Kohinke, Minnix
A COPY TESTE:
~'~ a~-~ .~ • Q
Mary H. Allen, CMC
Clerk to the Roanoke County Board of
Supervisors
cc: File
Timothy W. Gubala, Secretary, Industrial Development Authority
Randolph M. Smith, Salem City Manager
AT AN ADJOURNED MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE SALEM CITY COUNCIL CHAMBERS ON
THURSDAY, DECEMBER 31,"1992
RESOLUTION 123192-1
OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
WHEREAS, The Industrial Development Authority of the City of
Salem, Virginia (the Authority) has considered the application of
Richfield Retirement Community (the Borrower) requesting the
issuance of the Authority's revenue bond in an amount not to
exceed $3,800,000 (the Bond) to assist in the financing of the
construction and equipping of a 120-bed home for the elderly (the
Project) on the Borrower's campus located at 3615 West Main
Street in Roanoke County, Virginia, which will be owned and
operated by the Borrower, and has held a public hearing thereon;
and
WHEREAS, it has been requested that the Board of Supervisors
of Roanoke County, Virginia (the Board) approve the financing of
the Project and the issuance of the Bond, and such approval is
required for compliance with Section 147(f) of the Internal
Revenue Code of 1986, as amended (the Code).;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA:
1. The Board approves the financing of the Project and the
issuance of the Bond by the Authority for the benefit of the
Borrower, as required by said Section 147(f), to permit the
Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bond, as required
by said Section 147(f), does not constitute an endorsement of the
Bond or the creditworthiness of the Borrower or otherwise
indicate that the Project possesses any economic viability. The
Bond shall provide that neither the Commonwealth of Virginia (the
Commonwealth) nor any political subdivision thereof, including
Roanoke County (the County) and the Authority, shall be obligated
to pay the principal of or interest on the Bond or other costs
incident thereto except from the revenues and receipts pledged
therefor and that neither the faith or credit nor the taxing
power of the Commonwealth or any political subdivision thereof,
including the County and the Authority, shall be pledged thereto.
3. The Board concurs with the resolution adopted by the
Authority with respect to the Bond on December 31, 1992, a copy
of which resolution has been provided to the Board.
4. The resolution relating to the Project which was
adopted by the Board on May 26, 1992 is hereby rescinded.
5. This Resolution shall take effect immediately upon its
adoption.
M#137737 A COPY TESTS
Mary H. Allen, CMC
Clerk to the Board of Supervisors
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER
ON TUESDAY, MAY 26, 1992
RESOLUTION 52692-5 APPROVING REQUEST OF THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANORE
COUNTY, VIRGINIA, FOR INDUSTRIAL REVENUE BOND
FINANCING FOR RICHFIELD RETIREMENT COMMUNITY.
WHEREAS, the Industrial Development Authority of Roanoke
County, Virginia (the Authority) has considered the application of
Richfield Retirement Community (the borrower) requesting the
issuance of one or more of the Authority's revenue bonds or notes
in an amount not to exceed $3,800,000 (the Bonds) to assist in the
financing of the construction and equipping of a 120-bed home for
the elderly (the Project) on the borrower's campus located at 3615
West Main Street in Roanoke County, Virginia, which will be owned
and operated by the Borrower, and has held a public hearing
thereon; and
WHEREAS, it has been requested that the Board of Supervisors
of Roanoke County, Virginia (the Board) approve the financing of
the Project and the issuance of the Bonds, and such approval is
required for compliance with Section 147(f) of the Internal Revenue
Code of 1986;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA:
1. The Board approves the financing of the Project and the
issuance of the Bonds by the Authority for the benefit of the
Borrower, as required by said Section 147(f), to permit the
Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bonds, as required by
said Section 147(f), does not constitute an endorsement of the
Bonds or the creditworthiness of the Borrower or otherwise indicate
that the Project possesses any economic viability. The Bonds shall
provide that neither the Commonwealth of Virginia (the
Commonwealth) nor any political subdivision thereof, including
Roanoke County (the County) and the Authority, shall be obligated
to pay the principal of or interest on the Bonds or other costs
incident thereto except from the revenues and receipts pledged
therefor and that neither the faith or credit nor the taxing power
of the Commonwealth or any political subdivision thereof, including
the County and the Authority, shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
4. The Bonds are hereby designated as qualified tax-exempt
obligations for purposes of Section 265(b)(3) of the Code, but only
if the bonds are issued during 1993. The County has not
designated, and will riot designate, more than $10,000,000 of
obligations to be issued during 1993 as qualified tax-exempt
obligations for purposes of Section 265(b)(3) of the Code.
On motion of Supervisor Nickens to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Timothy W. Gubala, Secretary, Industrial Development Authority
FISCAL IMPACT STATEMENT
Date: December 31, 1992
Applicant: Richfield Retirement Community
Faci lity: A home for the elderly on the Applicant's campus
located at 3615 West Main Street in Roanoke
County, Virginia
1. Maximum amount of financing sought $3,800,000
2. Estimated taxable value of the facility's $ --
real property to be constructed in the
municipality
3. Estimated real property tax per year using $ --
present tax rates
4. Estimated personal property tax per year $ -'
using present tax rates
5. Estimated merchants' capital tax per year $ --
using present tax rates
6. Estimated collar value per year of goods $ 525,000
and services that will be purchased
locally
7. Estimated number of regular employees on 30
year round basis
8. Average annual salary per employee $ 13,890
Signature:
~.
Authority Chairm tl
The Industrial Authority of
the City of Salem, Virginia
If one or more of the above questions do not apply to the
facility, indicate by writing "N/A" on the appropriate line.
M#137766
REPORT OF PUBLIC HEARING
A public hearing was conducted by The Industrial Development
Authority of the City of Salem, Virginia (the Authority) at 8:00
a.m. on December 31, 1992, on the application of Richfield
Retirement Community (the Borrower) requesting the Authority to
issue up to $3,800,000 of its revenue bonds or notes (the Bonds)
to assist the Borrower in the construction and equipping of a
home for the elderly (the Project). Notice of such hearing was
published on December 17, 1992, and December 24, 1992, in the
Roanoke Times & World-News. The Project will be located on the
Borrower's campus, which is located at 3615 West Main Street, in
Roanoke County, Virginia. The public hearing was held in the
City Council Chambers, Salem City Hall, 114 North Broad Street,
Salem, Virginia. At the meeting those persons interested in the
issuance of the Bonds or the location and nature of the Project
were given the opportunity to present their views.
The public comments, if any, received at the meeting are
summarized in Exhibit A attached hereto.
After such hearing, the Authority voted to recommend the
approval of the Bonds to the Board of Supervisors of Roanoke
County, Virginia (the Board) and the City Council of the City of
Salem, Virginia (the Council).
Accordingly, the Authority hereby recommends to the Board
and the Council that they approve the issuance of the Bonds, as
required by Section 147 (f) of the Internal Revenue Code of 1986.
Dated December 31, 1992.
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF
SALEM, VIRGINIA
By
Chairman
M~137757
RESOLUTION OF AUTHORITY
WHEREAS, Richfield Retirement Community (the Borrower) has
requested The Industrial Development Authority of the City of
Salem, Virginia (the Authority) to loan funds to the Borrower to
be used for the construction and equipping of a facility (the
Project) to be located in Roanoke County, Virginia (the County),
which will be of the character and will accomplish the purposes
of the Virginia Industrial Development and Revenue Bond Act (the
Act), and the Authority has agreed to do so; and
WHEREAS, the Authority proposes to derive such funds by the
issuance of its Industrial Development Revenue Bond (Richfield
Retirement Community) in the principal amount of $3,800,000 (the
Bond), to be secured by an assigr..ment of the Authority's rights
under the promissory note of the Borrower in a principal amount
equal to the principal amount of the Bond (the Note) to First
Virginia Bank-Southwest (the Bondholder); and
WHEREAS, there have been presented to this meeting the forms
of the following instruments, which the Authority proposes to
execute to carry out the transactions described above, copies of
which instruments (collectively, the Documents) shall be filed
with the records of the Authority:
(a) Bond Purchase and Loan Agreement dated as of
December 1, 1992 among the Authority, the Borrower, the
Bondholder and the Bondholder as escrow agent (the Agreement),
and
(b) The Bond; and
WHEREAS, on December 31, 1992, the Authority held a public
hearing with respect to the Bond and the Project;
BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF SALEM, VIRGINIA:
1. The Chairman or Vice Chairman and the Secretary of the
Authority are hereby authorized and directed to execute the
Agreement and to deliver it to the other parties thereto.
2. The Chairman or Vice Chairman and the Secretary of the
Authority are hereby authorized and directed to assign the Note
to the Bondholder and to deliver it to the Bondholder.
3. The Chairman or Vice Chairman of the Authority is
hereby authorized and directed to execute the Bond, the Secretary
of the Authority is authorized and directed to affix the seal of
the Authority on the Bond and to attest the same, and any of such
officers is authorized and directed to deliver the Bond to the
Bondholder upon payment of the purchase price.
4. The Documents shall be in substantially the forms
submitted to this meeting, which are hereby approved, with such
completions, omissions, insertions and changes as may be approved
by the officers executing them, their execution to constitute
conclusive evidence of .their approval of any such completions,
omissions, insertions and changes.
5. The officers of the Authority are hereby authorized and
directed to execute and deliver all certificates and instruments
(including a Form 8038 to be filed with the Internal Revenue
Service) and to take all such further action as they may consider
necessary or desirable in connection with the issuance and sale
of the Bond and the undertaking of the Project.
6. All other acts of the officers of the Authority which
are in conformity with the purposes and intent of this resolution
and in furtherance of the issuance and sale of the Bond and the
undertaking of the Project are hereby approved and confirmed.
7. The Bond is hereby designated as a qualified tax-exempt
obligation for purposes of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended.
8. The Authority hereby recommends that the Board of
Supervisors of the County (the Board) and the City Council of the
City of Salem, Virginia (the Council) approve the financing of
the Project and the issuance of the Bond.
9. The officers of the Authority are hereby authorized and
directed to deliver to the Board and the Council (a) a reasonably
detailed summary of the comments expressed at the aforesaid
public hearing, (b) a fiscal impact statement concerning the
Project in the form specified in Section 15.1-1378.2 of the Code
of Virginia, and (c) a copy of this resolution, which constitutes
the recommendation of the Authority that the Board and the
Council approve the financing of the Project and the issuance of
the Bond.
10. The Bond shall not be issued by the Authority until the
issuance of the Bond shall be approved by the Board and the
Council.
M#137752
-2-
CERTIFICATE OF THE CLERK OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
The undersigned Clerk or Deputy Clerk of the Board of
Supervisors of Roanoke County, Virginia (the Board), hereby
certifies as follows:
Attached hereto are true and correct copies of resolutions
adopted by the Board at meetings duly called and held on May 26,
1992 and December 31, 1992, at each of which meetings a quorum was
present and acting throughout. Each such resolution was adopted by
the affirmative vote of a majority of the members of the Board
present at such meeting. The later such resolution has not been
repealed, revoked, rescinded or amended and is, as of the date
hereof, in full force and effect. The earlier such resolution was
rescinded by the later such resolution. The votes of the members
of the Board on such resolutions have been recorded in the minutes
of the Board, and such minutes describe how each member voted.
WITNESS my hand and the seal of the Board of Supervisors of
Roanoke County, Virginia, this 31st day of December, 1992.
Clerk or Deputy Clerk, Board of
Supervisors of Roanoke County,
Virginia
(SEAL)
M#137721
-1-
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COUNTY ADMINISTRATOR
ELMER C. HODGE
(703) 772-2004
P.O. BOX 29800
ROANOKE, VIRGINIA 24018-0798
January 4, 1993
BOARD OF SUPERVISORS
LEE B. EDDY, CHAIRMAN
WINDSOR HILLS MAGISTERIAL DISTRICT
EDWARD G. KOHINKE, SR., VICE-CHAIRMAN
CATAWBA MAGISTERIAL DISTRICT
BOB L. JOHNSON
HOWNS MAGISTERIAL DLSTRICT
H. ODELL "FUZZY" MINNIX
CAVE SPRING MAGISTERIAL DISTRICT
HARRY C. NICKENS
VINTON MAGISTERIAL DISTRICT
(703) 772-2005
Mr. Randolph M. Smith
Salem City Manager
P. O. Box 869
Salem, VA 24153
Dear Mr. Smith:
Attached is a copy of Resolution No. 123192-1 concurring in the
application of Richfield Retirement Community to the Industrial
Development Authority of the City of Salem, Virginia, for issuance
of revenue bonds not to exceed $3,800,000. This resolution was
adopted by the Board of Supervisors at an adjourned meeting held at
the Salem City Council Chambers on Thursday, December 31, 1992.
If you need further information, please do not hesitate to contact
me.
Sincerely,
Mary H. Allen, CMC
Clerk to the Board
Attachment
cc: Timothy W. Gubala, Secretary, IDA
of Supervisors
® Recycled Paper
12/22/92
Mary Allen
RE: Meeting 12/31/92 at Salem
1. Mr. Hodge said we should MAKE SURE WE HAVE A OUORUM by calling
or writing memo to the three supervisors who are supposed to
attend (LBE, HCN, BLJ) the meeting at 8 a.m. 12/31/92 Salem
City Council Chambers. MHA - PLEASE NOTE THAT TIME HAS BEEN
CHANGED TO 8 A.M. FROM 9:30 A.M. - SALEM COIINCIL WANTED TO DO
IT EARLY BECAIISE OF HOLIDAYS. I CALLED EACH SIIPERVISOR AND
INFORMED THEM OF THE TIME AND ASKED IF THEY WOIILD BE THERE.
LBE, HCN, BLJ - YEB, HOM - IN INDIANA, AND EGR - IINAVAILABLE
SEE ATTACHED NOTE).
2. He said either he or you should call Stev Graw to remind
im that he is to have the Courthouse open .m. 12/31/92.
CH said he had already talked with SAM about is but we need
a to make sure it i s done . - (,,V ~ ~ G+ O ~~,,,{.~ S ~ O ~ ? "~6
3. ECH said we also need to call Randy Smith ab meeting ~H ~ ~
~~/~1/Ir~ may do this himself.
4. Do we need agenda for 12/31/92? PMM and ECH are to discuss
today and will get back with you or me.
~ , 6~ ~.~ ~ ~~1~
Brenda
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12/22/92
Message for Mary Allen or Brenda Holton
from Ed Kohinke via dictaphone
Contrary to yesterday's message, I won't be attending the Dec 31
meeting. I am recovering from this 7-day flu that is going around
and if you have heard people talk about it, believe them when they
say it is real misery. I haven't gotten a thing done so far that
I planned on doing over my vacation so I am going to need that
time. If Elmer Hodge needs a quorum, I understand that we already
have a quorum but if one of the others can't show for some reason,
Another thing, I have decided not to go to the Chamber of Commerce
banquet on January 6. You know I have been ill and I have gotten
way behind when I pass up a free meal but I am just going to have
to do it. So anyway, if there is any problem with the meeting on
December 31, please don't assume that I am totally out of it ~,{~/~~
altogether. Just feel free to call me. ~"~
tell him to go ahead and give me a call and I will try to be there. /
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ADJOURNED MEETING
ROANOKE COUNTY BOARD OF SUPERVISORS
AGENDA
DECEMBER 31,1992 - 8:00 A.M.
This is an Adjourned Meeting of the Roanoke County Board of Supervisors
from December 17, 1992. This meeting is being held at the Salem City
Council Chambers, 114 North Broad Street, Salem, Virginia.
A. OPENING CEREMONIES (8:00 A.M.)
1. Roll Call
B. 1VEW BUSINESS
1. Resolution Concurring in the Application of Richfield
Retirement Community to the Industrial Development
Authority of the City of Salem, Virginia, for Issuance of
Revenue Bonds Not to Exceed $3,800,000.
C. ADJOifRN1V~NT
® Aegded Paper