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7/27/2010 - Regular
Roanoke County Board of Supervisors Agenda July 27, 2010 Good afternoon and welcome to our meeting for July 27, 2010. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Our meetings are now closed-captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Reverend Jim Crockett Westhampton Christian Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. BRIEFINGS D. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Certificate of Appreciation to Darryl W. Moore for his assistance to the Roanoke County Police Department E. NEW BUSINESS Page 1 of 5 F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE-CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. The petition of Bobby B. Twine to rezone 5.892 acres from AR, Agricultural/Residential, District to I-2, High Intensity Industrial, District for the purpose of operating a construction yard, located near the intersection of Twine Hollow Road and Meacham Road, Catawba Magisterial District G. FIRST READING OF ORDINANCES 1. Ordinance approving a lease agreement for the Tinker Mountain Tower Site (Anne Marie Green, Director of General Services) H. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Roanoke County Community Leaders Environmental Action Roundtable (RC- CLEAR) (appointed by District) I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes -June 8, 2010 and June 22, 2010 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Nancy A. Thomas, Treasurer Clerk III, upon her retirement after more than twenty-five years of service 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Dianne Maxey, Payroll Technician, upon her retirement after ten years of service 4. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Michael G. Xeroteres, Senior Appraiser (Real Estate Valuation), upon his retirement after more than seventeen years of service Page 2 of 5 5. Confirmation of appointment to the Capital Improvement Program (CIP) Review Committee 6. Resolution authorizing the application, acceptance and appropriation of grant funds in the amount of $98,571 from Department of Homeland Security (DHS) administered through the Virginia Department of Emergency Management to the Fire and Rescue Department to support the Regional Technical Rescue Team 7. Request from Roanoke Valley-Alleghany Regional Commission to authorize Roanoke County's participation in a Sustainable Communities Regional Planning Grant 8. Acceptance of a drainage easement from Walmart Real Estate Business Trust and a drainage easement from Walmart Real Estate Business Trust, Timberbrook Properties, IX LLC, and Fincastle Equipment Company, LC J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of June 30, 2010 5. Accounts Paid -June 2010 6. Report of Claims Activityforthe Self-Insurance Program forthe quarter ended June 30, 2010 Page 3 of 5 N. WORK SESSIONS 1. Work Session to discuss a contract with Trane to reduce energy consumption and operational costs through the County and financing of an energy contract (Anne Marie Green, Director of General Services; Rebecca Owens, Director of Finance) 2. Work Session on South Peak Community Development Authority (CDA) (Paul Mahoney, County Attorney) 0. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711(A)(1): Personnel, namely discussion concerning the make- up of the Community Development Authority (CDA) Board EVENING SESSION -7:00 P.M. P. CERTIFICATION RESOLUTION Q. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Marie M. Ham for her service with the Neighborhood Watch Program R. PUBLIC HEARING AND ADOPTION OF POLICY 1. Adoption of an amendment to the policy for the use of the Roanoke County Administration Center Board of Supervisors meeting room (Paul M. Mahoney, County Attorney) S. PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Resolution approving the allocation of Revenue Sharing Funds for fiscal year 2010-2011 (Philip Thompson, Deputy Director of Planning) T. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance authorizing the vacation of an unimproved right-of-way shown as Rockingham Boulevard identified on the map of Rockingham Court in Plat Book 2, page 84, Vinton Magisterial District (Philip Thompson, Deputy Director of Planning} U. CITIZENS' COMMENTS AND COMMUNICATIONS Page 4 of 5 V. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Eddie "Ed" Elswick 2. Charlotte A. Moore 3. Michael W. Altizer 4. Richard C. Flora 5. Joseph B. "Butch" Church W. ADJOURNMENT Page 5 of 5 ACTION N0. ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 2010 AGENDA ITEM: Certificate of Appreciation to Darryl W. Moore for his assistance to the Roanoke County Police Department SUBMITTED BY: Deborah C. Jacks Deputy Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to recognize Darryl W. Moore for his assistance to the Roanoke County Police Department. ACTION N0. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELDATTHE ROANOKE COUNTYADMINISTRATION CENTER MEETING DATE: July 27, 2010 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances; consent agenda SUBMITTED BY: Philip Thompson Deputy Director of Planning APPROVED BY: B. Clayton Goodman III County Administrator ~?~ COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances isaccomplished by adoption of these ordinances in the mannerof consent agenda items. The adoption ofthese items does not implyapproval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and publichearing onthese ordinances is scheduled for August 24, 2010. The titles of these ordinances are as follows: 1. The petition of Bobby B. Twine to rezone 5.892 acres from AR, AgriculturallResidential, District to I-2, High Intensity Industrial, District for the purpose of operating a construction yard, located near the intersection of Twine Hollow Road and Meacham Road, Catawba Magisterial District Maps are attached. More detailed information is available in the Clerk's Office. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends as follows: 1, That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing forAuqust 24, 2010. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items} 1, and that the Clerk is 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 action. Page 2 of 2 BBC7~t' ffiV~G d~ 8~7RtVEYII~iG J99~Upper~CY~edcRd Catawba Vs ZrODn ~~a~ awol~eoo~c LErT~ aF ~SM~Fi41. '~: AMA ~AYv R~IN~ GQ. PI.~~N~ I~; B48~Y T1lV~ ~1'ORAQL BUNJ~ OE~~ 1. G+ON~RT PU4N ~, JUST~I~A'11~1~ $~ET a. TRI~FIC sTUOY ~ ~~tr 4. RE~NiNQ ARPiX~Ai'10N ~, ~' ~.AN C~CIEf.IBT ~ P~ ~ ~ SRE'V~E"i`AT1~l~ r. ~aF ~ ~ tYtoN ~ c~ ~~ TME ~r of ~a~ ~.- boo ~sao Counfy of Roanoke Community Development Panning & Zoning ' S2O4 Bernard Drive P ~ Bux X9$00 Roanoke,'~A 2441 S-a79S (540) 772-20b8 FAX (540} 77b~?1~'S For Staff Use Onl Date received: Roceived by: Application fee: F,C~BzA date. _ ,~ Alacards issued: ! BCS date; Case Number ~ w ~ ~.~=, ALL APPLICANTS heck type of application filed (check all that apply) Rezoning ^ Special Use ~ Variance ~ Waiver ~ AdmmYStrative Appeal D Camp Plan (i5,~~a~~) Review Applicants nameladdress wlzip Phone: ,~ ,~ '~~~i ._ - ~13~~ E I ~~1~~'G Nark: ~., ,. -~ ~ ~r ~- ~' }~ . ~ t 1 ~ Cell #: 1 ~C~ ,~ ~" ~ ~ J~~~ fGtf.~ ~ Ltot ~ ; ~~ Fa N ~ .~ x a,: ~ .~~ _~, Owner's ameladdress wlzip Phone #: .~r~'~ .~f, ,,~ ~ , ~t~~, ~~uf-~i~~ Nark; , Fax No. #: ~ ~~ : ~t~ ~~ ~ ~ -~ ~ 1 ~ ~~ ~ ~ ~ Prapert~+ Location ~ n ~ ~C ~ fit 7'~ f ~ ~ Magisterial District: ~ ~ " , - - ati D l~ ~~l~ Community Planning area: ~, ~ . ~::- ~~ ~vt! ~ Tax Map No.: ,9 ~ , ~~ -~ ~~ ~ ~ ~~~~~~~f . ~~ ~~~~~i[~ (~ .. Existing 2on~ng; Size of parcels}: Acres: ~ , ~~ Existing Land Use: ~~fO~,~ .~ ~~~~ ~ ~. REZONING, SPECIAL t1SE PERMIT, WAIVER AND C(~1~IP PLAN ~xs.2 2~3z}REVIEW APPLICANTS 4RISIWICP~ Proposed Zoning: ~~ ~ Proposed Land Use: ~oni~f~ut~c~ ~i~:v ~~~~ w~ ~'~- Does the parse! meet the minimum lot area, width, and frontage requirements of the requested district? Yes No D IF N0, A'~ARIANCE IS REQUIRED FIRST, Dae t e parcel meet the minimum criteria for the requested Use Typery Yes No 0 lF N~, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No 0 VARIANCE, FYAIVERANDAD~YIINISTRATIVE~IPPEALAPPLICANTS(V/W1.4A~ VariancellNaiver of Sectian(s} of the Roanoke County Zoning Ordinance in order to: Appea! ofZoningAdministrator'sdecisian to , Appeal of Interpretation of Sections}; of the Roanoke County Zoning Ordinance Appeal of interpretation ofZoning Map to is the application complete? Please check ifenclosed. APPLICATZ4N WILL N4T BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR lNC4MPLETE, RISlWICP VIAA RISIWICP VIAA RlSIWICP VIAA Consuitation S 11Z" x ! 1" concept plan~~ 4 Application fee '~ Application ~ Metes end beunds description Proffers, ifapplicable --~ ur ~ x ~! Cc:v~t.~,~~~Gc.vw Justification '~. Water and sewer application ~' Adjoining property owners I hereby certify that I am either the owner of the pro city or the owne'r's agent or contract purchaser and am acting with the knowledge and consent of the owner. - _ r ~~ ~ /` ~ Owner's Si nature g 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN {15,z-zz3zl REVxE'V~ REQUESTS Applicant ~ ' r I '~~L The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The proposed use will fit in well both with existing uses up and down Twine Hollow Road. It is considered a transitional use with the proffers in that the proposed building will look much like an accessory building on a residential lot. All the proposed storage will be .inside, also proffered. The location of the proposed building in the low part of the lot will help hide the building from view. It will be over 150 feet from Meacham Road and over 300 feet from Twine Hollow Road, and is anticipated to look like accessory build- ing from the roads, where it is even visible to passing traffic. Please explain haw the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The project is designed with the setbacks and buffers against adjoining uses called for in the ordinance, and is generally conforming with the proposed future uses in the Glenvar Planning Area Future Land Use plan. The proposed future use plan calls for Industrial uses up Twine Hollow Road and Transitional uses along Meacham Road and to the interstate. The proposed use, with the proffers submitted, is believed to be a good fit for the transition area. ~~,. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The proposed building will generate a limited amount of traffic, normally during business hours from 8 am to 5 pm. No water or sewer service will be required. No school impacts are anticipated. Insignificant effects on parks and recreation and frre and rescue services are anticipated. CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising fi~om the request. In such cases involving rezonings, the applicant may proffer oanditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan, Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit yr variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations, A concept plan is required with ail rezoning, s~cia! use permit, waiver, community plan (15.~-223}review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some ofthe items or suggest the addition of extra items, but the following are considered minimum: AL APPLICANTS a. Applicant name and name ofdevelopment b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers ofadjoining properties "~ e. Ph sisal features such as round cover nature! watercourses flood lain etc Y g p ~ . .~ f. The zoning and land use of a!1 adjacent properties ~/ Ali fin d e nts g property es an eas me h. All buildings, existing and proposed, and dimensions, floor area and heights ' i tr e r other u 1'c wa s w'thi or ad'a nt to the develo meet i. Location, widths and names of all exist ng or platted s e is o p b i y ~ n ~ ce p ,~, j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for RE~4NIIVG and SPECIAL USE PERl~IIT APPLICANTS {:i~ k. Existing utilities twater, sewer, storm drains} and connections at the site 1. Any driveways, entranceslexits,surb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections ,,.~ o. Locations of al] adjacent fire hydrants ,,,~ An roffercd conditions at the site and how they are addressed p YP q. if project is to be phased, please show phase schedule Y certify that all items required in the checklist above are complete. S ~~ Signature o app scan Date :~ M 1 1 T ^ ~i ~~ ~ ^ .y r~ r ~. .. ;, ~1~: ~~i%.•' :' .~' Vii.. -~~ :. ~ - }• ~ '~.S w_i w .JI 1 .' =:{ ACTION N0. ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 2010 AGENDA ITEM: Ordinance approving a lease agreement for the Tinker Mountain Tower Site SUBMITTED BY: Anne Marie Green Director of General Services APPROVED BY: B. Clayton Goodman III County Administrator '~~- COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke owns andlor rents several sites around the Roanoke Valley for the purpose of maintaining towers and antennae for its public safety radio communications system. The tower sites are part of a regional system that also serves the City of Roanoke and the Town of Vinton. One of the tower sites is on Tinker Mountain in Botetourt County, on property owned by Lee C. Hartman, Jr. This site, which has been used by the County for over a decade, is important for reaching certain parts of the Valley and also helps to provide back-up capabilities for the system. The County is currently paying Mr. Hartman $4,050/year rent based on a lease, which expired on June 30, 2010. Staff has negotiated a new lease with Mr. Hartman with the following terms: • Three year lease begins July 1, 2010, at a rate of $4,252.50/year for the first year • The rent increases by 5 percent each year thereafter, for a rate of $4,465.13 in 2011, and $4,688.38 in 2012 FISCAL IMPACT: The total cost of this lease over the next four years is $13,406.01. Funding is available in the E-911 maintenance account. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends that the Board approve the first reading of the attached ordinance and place it for second reading at its August 10, 2010, meeting. Page 2 of 2 This LEASE AGREEMENT, made and entered into this 1St day of July, 2010, by and between LEE C. HARTMAN, JR., (hereinafter referred to as "Landlord"), and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, (hereinafter referred to as "Tenant"). WITNESSETH: That f or and in consideration of these mutual covenants and conditions, the Landlord lets to the Tenant and the Tenant hires f rom the Landlord, the below described premises on the following terms and conditions: 1. The Landlord agrees to lease to the Tenant and the Tenant agrees to lease from the Landlord, in accordance with the terms and conditions set forth in this agreement, that certain real property situated on Tinker Mountain approximately 3.7 miles north of Roanoke, Virginia, (Lat. 37 22' 23" N, Long. 79 55' 40" W) in the County of Botetourt, Virginia, as shown on the drawing dated January 13, 2003, attached hereto as Exhibit A, and more particularly described as f ollows and hereinaf ter ref erred to as the 'Premises', to-wit: That certain parcel of land delineated by a chain link f ence and being shown and designated on the attached Exhibit A as "FENCED AREA -1580.06 SQ. FT. - 0.0363 AC.", specifically including but not limited to, the non-exclusive, unrestricted right of access to, f rom, upon and within said parcel, and the exclusive use of the 10' x 10' parcel of land, being a total of 100 square f eet, more or less, designated upon the attached Exhibit A as "RKE. CO. BLDG. -100 sq. f t."; and, Together with the non-exclusive right of ingress, egress and regress to and f rom the above-described 'Fenced Area' upon, over and across that certain existing gravel access and private driveway leading to and from Tinker Top Road, also known as the Frontage Road. Landlord further grants such agreement and consent as may be necessary, pursuant to a separate agreement between the Landlord and Emergency Medical Services of Virginia, Inc. (EMS), to Tenant's location, use and maintenance of an antenna and all necessary or related appurtenances upon the EMS tower within the premises, referenced upon the attached Exhibit A as "EXISTING TOWER." Page 1 of 6 2. The term of this lease shall be f or a period of three (3) years, said term commencing as of July 1, 2010, and continuing until June 30, 2014. 3. The Tenant shall pay as rent the sum of Four Thousand Two Hundred Fifty-Two Dollars & 50/ 100 ($4,4252.50) per year f or the first year of the lease term, to Landlord at 1896 Tinker Top Road, Daleville, Virginia, 24083, without demand therefor. The rental payment for the first year for the rental period from July 1, 2010, through June 30, 2011, shall be due and payable within thirty (30) days of the execution of this agreement by both parties hereto. Thereafter, rent shall be due on the first day of each yearly period during the lease term and any renewal term. A late fee of $100.00 shall be imposed for any payments not made within 30 days of the due date. Beginning July 1, 2011, the Tenant shall pay to the Landlord as rent the sum of Four Thousand Four Hundred Sixty-Five Dollars & 13/100 ($4,465.13) per year for the second year of the lease term. Beginning July 1, 2012, the Tenant shall pay to the Landlord as rent the sum of Four Thousand Six Hundred Eighty-eight Dollars & 38/ 100 ($4,688.38) per year f or the third year of the lease term. 4. During the term of this lease, Landlord shall remain responsible f or the payment of all taxes and assessments imposed on the premises. 5. It is understood and agreed by the parties that the premises shall, during the term of this lease, be used f or the installation, operation and maintenance of radio equipment, including base stations, cabling or wiring and accessories for such equipment. All of the Tenant's equipment placed on the premises shall remain personal property of the Tenant notwithstanding the fact that it might otherwise be deemed to be fixtures. It is the understanding of the parties that the Tenant has placed an equipment building on the premises immediately adjacent to the EMS site. 6. The Tenant may terminate this lease only if the site becomes unfit for the Tenant's purposes. Any such termination shall be effective ninety (90} days after mailing to the Landlord of the Tenant's notice to terminate this lease. The Landlord may terminate the lease Page 2 of 6 for any default of the Tenant in the performance of this lease not remedied within 30 days following notice by the Landlord of such default. 7. This lease may not be assigned nor the premises sub-let, in whole or in part, without the express written consent of the Landlord. 8. The parties acknowledge that the leased premises consist of land area only. The Tenant shall keep and maintain the premises in good and saf e condition. Upon the expiration of this lease, the Tenant shall surrender the premises in good condition f ree and clear of trash and debris and in the same condition as when this lease began. No property of the Tenant shall be abandoned on the premises without the express consent of the Landlord. 9. The Landlord makes no representation regarding the present or future usability of the site for the Tenant's intended purposes. Any governmental permits, licenses or authorization necessary to use the premises for the Tenant's purposes must be obtained by the Tenant at the Tenant's sole cost and expense. 10. In the event of default by the Tenant in the timely payment of rent or the performance of any of the other obligations of this lease, the Tenant agrees to pay Landlord f or any expenses incurred by the Landlord in the enforcement of this lease including court costs and attorney's fees. 11. Any notice to the parties may be given to the following addresses and shall be effective upon deposit in the U. S. Postal system, certified mail with sufficient postage affixed: T a„r~~nr~ Lee C. Hartman, Jr. 1896 Tinker Top Road Daleville, VA 24083 Ta„anf Board of Supervisors of Roanoke County Attn: Director of General Services 1206 Kessler Mill Road Salem, VA 24153 Wi th a copy to: Roanoke County Attorney Roanoke County Administration Center P. O. Box 29800 Roanoke, VA 24018 Page 3 of 6 12. The Tenant during the term of this lease or any extension thereof will maintain a policy of general liability insurance (including property damage and bodily injury), with a carrier licensed to do business in the Commonwealth of Virginia, or self-insurance as approved by the State of Virginia, providing minimum liability coverage's of $300,000.00, with no annual aggregate. 13. (a) Tenant' obligation to pay is subject to annual appropriations being made for such purpose by the governing body of the County of Roanoke. Tenant will perform all acts lawfully within its power to obtain and maintain f unds f rom which payments hereunder may be made, including making requests for appropriations for such payments to the extent necessary in each fiscal year or annual budgets submitted for the purpose of obtaining funding, and, will do no act or make any statement that will cause the disapproval of the appropriation. (b) Any other provision of this lease to the contrary notwithstanding, this agreement shall not constitute a debt of the County within the meaning of any limitation on indebtedness of the County under the Constitution or laws of the Commonwealth of Virginia, including the Charter of Roanoke County, Virginia, and f ailure of the Board of Supervisors of Roanoke County, Virginia to appropriate funds in any year for payment in full of the payments required by paragraph 3 or any other provision of this lease during such year shall, ipso f acto, terminate this lease and render this lease null and void without f urther liability on the part of the County of any kind whatsoever, except f or its obligation to maintain the property described in this lease and to surrender possession of same to the Landlord if prior to or at such time of non- appropriation, funds are not or have not been appropriated or are not available for the purchase, lease or rental of premises to perform a like function as the premises described herein. (c) (1) Should this lease agreement be terminated by the Tenant for non- appropriation or non-availability of funds under subparagraph (b) above and thereafter during the original term of this lease funds are appropriated and are made available for the purchase, lease or rental by the Tenant of premises to perform the same function as the premises Page 4 of 6 described herein, then the Tenant shall, to the maximum extent permitted by law, procure such premises from the Landlord. (2) The Tenant shall use its best efforts to give the Landlord reasonable, and if possible, prior written notice of any termination of this lease for non- appropriation of funds under subparagraph (b) above. 14. The Landlord covenants and represents that he has the full and complete ownership of the leased premises; that he has the full power and right to execute this lease and to perform the obligat-ions hereunder; that no private restrictions exist with respect to the said premises or the use thereof; that no one, exclusive of the Landlord and Tenant and their respective successors in interest, has any interest in or claim against the leased premises; and that the proposed use of the leased premises by the Tenant is lawful and permissible under all laws and regulations. 15. In the event that the Landlord intends to sell the leased premises, the sale and conveyance thereof will be made subject to the provisions of this lease. 16. This Agreement represents the entire understanding between the parties and may not be modified or changed except by written instrument executed by the parties. 17. This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, successors, and assigns. 18. This Agreement shall be executed in duplicate, each of which shall constitute an original. 19. B. Clayton Goodman III, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance and approval by the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. adopted by said Board of Supervisors on the day of , 2010. WITNESS the f ollowing signatures and seals: Page 5 of 6 LEE C. HARTMAN, JR. Approved as to f orm: Joseph B. Obenshain Senior Assistant County Attorney Commonwealth of Virginia, County/City of , to-wit: (SEAL) BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By B. Clayton Goodman III County Administrator The foregoing instrument was acknowledged before me this 2010, by Lee C. Hartman, Jr. Notary Public My commission expires: Commonwealth of Virginia, County/ City of Roanoke, to-wit: day of The foregoing instrument was acknowledged before me this day of 2010, by B. Clayton Goodman III, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: (SEAL) Page 6 of 6 ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 2010 ORDINANCE APPROVING A LEASE FOR THE TINKER MOUNTAIN TOWER SITE WHEREAS, the County of Roanoke rents a site located on Tinker Mountain in the County of Botetourt, Virginia, on property owned by Lee C. Hartman, Jr., for the purpose of maintaining towers, antennae and equipment buildings for the operation of its public safety radio communications systems, said property being designated upon the Botetourt County Land Records as Tax Map No. 106-45; and WHEREAS, the County of Roanoke has leased this site for over a decade to provide E911 coverage to critical areas and to provide back-up capabilities for the public safety system; and WHEREAS, the most recent lease term has expired and staff has negotiated with the property ownerfor a new lease of this site; and WHEREAS, the provisions of Section 18.04 of the Charter of Roanoke County require that the acquisition of any interest in real estate, including the lease of real property, shall be accomplished by ordinance; the first reading of this ordinance was held on July 27, 2010, and the second reading of this ordinance was held on August 10, 2010. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the lease of a parcel of land from Lee C. Harman, Jr., consisting of 0.0363 acre, more or less, as shown on Exhibit A attached hereto, together with the non-exclusive right of ingress, egress and regress from Tinker Top Road (Frontage Page 1 of 2 Road) over the existing gravel access and private driveway to the site, for an initial term effective as of July 1, 2010, through June 30, 2013, at an annual rental of Four Thousand Two Hundred Fifty-two and 50/100 Dollars ($4,252.50), with an increase of five percent (5%) each year in the annual rental rate, is hereby authorized and approved. 2. That the rent payment shall be paid from the E911 Maintenance Account. 3. That the County Administrator or any Assistant County Administrator is authorized to execute this lease on behalf of the Board of Supervisors of Roanoke County 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 approved by the County Attorney. Page 2 of 2 •. i ~ ~ 3l n~`~'~~•~~~vJ~„~~ Y:...r ~1rnT••':.'.s;yil r ~ ~• '1,' .j• ~ 1• I . • ~ . " • ' ~. !i ~ . r' i i . ~~I. ~ I. •I : r 1/~~~ 1 ,', ~ti1~h 1r' 1,1~ ~~~~ •,y •~1'~ ' 1 ,••'r .~' ~' X1',1 *r V 1 l , r • • , ' .''r ~1~11~ 1 ~ ' 1 1 ~• ,l,y ~,• •I ~ •1 : . . • •,, y ter' '• , 4 1 I f •'f 1• I~,y 1 ., 1 i '~. • 1 ,, w ' ,1.. • . N 'T ,~' Y ~ ~,r .i• 1~ • . '1. '.~ ' w '`• ••} N ~ a~ ` ~ f ~ .tirJ.~ ~~, •• ..t~#,r'/'~',~i • .~ ,111 TI' 1 ~ ~ •• '~ ; " ~ ',' r ~ ' , ~ ~ ' •.r. y y I . .rr f 1 , ~ 1 'r, .~ •r ,~ ••,1 1 •; ~ , ,r .. .,; . ~ ~ ~ ~ rah ~ ~ ,...:. 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'! , 1 r y `'J: 'y. ;.. ~ ~ ~ ~ ~ ~ lid •.1 1 .1• .w. ~~,. ,1 I J • ~ 77 ~1 . ~ 1 '1 . ,•1,' • 1 • • ;tit ,. : ,, 1 i,l M; ' •, ,' . 1 ,In r • •• f''r• .1•',L ,.~,''1 _ 111,1.1••1: ~ ry ~ ' f 11 ~.. ~~r .~ •1. 1 , r 1 ~,1 ~ ~ ~ 1, //~~ J - : ' • .. ~ ' . 1 ' 1 •1'1 ~' ;F J ~' .• ~ .••' • T . .j+ r ' 1 ' '1 f 11 1„ y' , ~ r ti ' /' ~~ . 1, .•~11~1~ •.~• ~.. r• W . ?'~ E-+ Z O U O Z O G4 O O U~ i~ W a A O GQ M":1 ~• W r ~I •. rG Va C 4 Ir~.l C '/~fYr/ rrr•. ACTION N0. ~: ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 2010 AGENDA ITEM: Appointments to committees, commissions and boards SUBMITTED BY: Becky R. Meador Clerk to the Board APPROVED BY: B. Clayton Goodman III ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Capital Improvement Program (CIP) Review Committee (appointed by District) SupervisorMoore has appointed Gene Marranoto representthe Cave Spring Magisterial District. His one-year term will expire August 31, 2011. Confirmation of the appointment has been placed on the Consent Agenda. The following one-year terms will expire on August 31, 2010: - Brian Hooker representing the Catawba Magisterial District (not eligible for reappointment as maximum number of terms served) - Becky Walter representing the Hollins Magisterial District - Wes Thompson representing the Windsor Hills Magisterial District - Jason Peters representing the Vinton Magisterial District Roanoke County Community Leaders Environmental Action Roundtable (RC-CLEAR) (appointed by District) Ruth Deibler, who represented the Vinton Magisterial District, has moved from the area and is no longer serving on RC-CLEAR. ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 2010 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I-CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for July 27, 2010, designated as Item I -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8 inclusive, as follows: 1. Approval of minutes -June 8, 2010 and June 22, 2010 2. Resolution expressing the appreciation ofthe Board of Supervisors of Roanoke County to Nancy A. Thomas, Treasurer Clerk I I I, upon her retirement after more than twenty-five years of service 3. Resolution expressing the appreciation ofthe Board of Supervisors of Roanoke County to Dianne Maxey, Payroll Technician, upon her retirement afterten years of service 4. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Michael G. Xeroteres, Senior Appraiser (Real Estate Valuation), upon his retirement after more than seventeen years of service 5. Confirmation of appointment to the Capital Improvement Program (CIP) Review Committee 6. Resolution authorizing the application, acceptance and appropriation of grant funds in the amount of $98,571 from Department of Homeland Security (DHS) administered through the Virginia Department of Emergency Management to the Fire and Rescue Departmentto supportthe Regional Technical Rescue Team 7. Request from Roanoke Valley-Alleghany Regional Commission to authorize Roanoke County's participa~kion in a Sustainable Communities Regional Planning Grant 8. Acceptance of a drainage easement from Walmart Real Estate Business Trust and a drainage easement from Walmart Real Estate Business Trust, Timberbrook Properties, IX LLC, and Fincastle Equipment Company, LC Page 2 of 2 ACTION N0. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: July 27, 2010 Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Nancy A. Thomas, Treasurer Clerk III, upon her retirement after more than twenty-five years of service Deborah C. Jacks Deputy Clerk to the Board B. Clayton Goodman III County Administrator l~'~- COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Nancy A. Thomas, Treasurer Clerk, retired on June 30, 2010, after more than twenty-five years of service. She will not be attending the meeting. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 2010 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO NANCY A. THOMAS, TREASURER CLERK III, UPON HER RETIREMENT AFTER MORE THAN THIRTY-FOUR YEARS OF SERVICE WHEREAS, Nancy A. Thomas was hired on November 26, 1984, as a Treasurer Clerk I and was promoted to Treasurer Clerk II on February 1, 1987, and to Treasurer Clerk III on March 21, 1988; and WHEREAS, Ms. Thomas retired as Treasurer Clerk III on June 30, 2010, after a total of twenty-five years and seven months of dedicated, loyal and capable service with the County; and WHEREAS, during her tenure in the Treasurer's office, Ms. Thomas began her career when the office still operated with annual tax books printed on paper and her first job as a cashier involved receipt of payments and marking them into the tax rolls; and WHEREAS, Ms. Thomas witnessed the very first computer installed in the office, which brought about many changes in business practices and daily operations in which Ms. Thomas help lead the change and took on many more special roles and duties over the years than could be mentioned here; and WHEREAS, Ms. Thomas, proved herself to be a model of consistency in her attendance and work ethic and held herself accountable to a higher standard in the performance of her duties to adhere to the monetary fiduciary responsibilities beholden to public trust; and Page 1 of 2 WHEREAS, Ms. Thomas pursued a higher level of job performance for the advancement of her skills through professional educational courses administered through the Weldon Cooper Center of the University of Virginia on behalf of the Treasurers' Association of Virginia and through this educational pursuit she achieved the Level of Master Governmental Deputy Treasurer within the Treasurers' Association of Virginia on November 15, 2006. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to NANCY A. THOMAS for more than twenty-five years of accomplished, dependable, and devoted service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 2 of 2 ACTION N0. ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELDATTHE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 2010 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Dianne Maxey, Payroll Technician, upon her retirement after ten years of service SUBMITTED BY: Deborah C. Jacks Deputy Clerk to the Board APPROVED BY: B. Clayton Goodman III ~~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Dianne Maxey, Payroll Technician, will retire on August 1, 2010, after ten years of service. She will not be attending the meeting. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON JULY 27, 2010 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DIANNE M. MAXEY, PAYROLL TECHNICIAN UPON HER RETIREMENT AFTER TEN YEARS OF SERVICE WHEREAS, Dianne Maxey was hired on July 24, 2000, as Payroll Clerk and was promoted to Payroll Technician on June 1, 2004; and WHEREAS, Ms. Maxey retired as Payroll Technician on August 1, 2010, after a total of ten years of devoted, reliable and competent service with the County; and WHEREAS, during her tenure in the Payroll Office, Ms. Maxey was responsible for providing excellent customer service to the Roanoke County School administration and employees; and WHEREAS, Ms. Maxey was responsible for the accurate and timely processing of the school employee's pay checks and related tax and vendor payments; and WHEREAS, Ms. Maxey worked closely with the school Personnel Office to ensure accuracy with the annual school contract rolls and employee status changes; and WHEREAS, Ms. Maxey was instrumental in the implementation of the new Absence Management Leave system; and WHEREAS, Ms. Maxey has proved herself to be an exemplary employee with her great work ethic and attendance. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DIANNE MAXEY for ten years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 2 of 2 ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THEROANOKECOUNTYADMINISTRATION CENTER ONTUESDAY, JULY27, 2010 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO MICHAEL G, XEROTERES, SENIOR APPRAISER (REAL ESTATE VALUATION, UPON HIS RETIREMENT AFTER MORE THAN SEVENTEEN YEARS OF SERVICE WHEREAS, Michael G. Xeroteres was hired on May 3, 1993, as an Associate Appraiser and was promoted to Appraiser on August 16, 1993, and to Senior Appraiser (Real Estate Valuation) on June 10, 2000; and WHEREAS, Mr. Xeroteres retired as Senior Appraiser (Real Estate Valuation) on August 1, 2010, after a total of seventeen years and three months of dedicated, loyal and capable service with the County; and WHEREAS, during his tenure with Real Estate Valuation, Mr. Xeroteres used his knowledge of the real estate market and skills as an appraiser to successfully explain both the market and appraisal process to all citizens; and WHEREAS, Mr. Xeroteres has been a member of the Virginia Association of Assessing Officers and held the license of certified Residential Real Estate Appraiser. He completed numerous classes of continuing education; and WHEREAS, Mr. Xeroteres exhibited a sincere attitude to all citizens that he met and has brought to the office a sense of humor that we all need. His contributions to the Real Estate Valuation office will be missed through his retirement. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to MICHAEL G. XEROTERES for over seventeen years of Page 1 of 2 accomplished, reliable and committed service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 2 of 2 ACTION N0. ITEM NO. ~'" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 2010 AGENDA ITEM: Confirmation of appointment to the Capital Improvement Program (CIP) Review Committee SUBMITTED BY: Becky R. Meador Clerk to the Board APPROVED BY: B. Clayton Goodman III ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Capital Improvement Program (CIP) Review Committee (appointed by District) SupervisorMoore has appointed Gene Marranoto represent the Cave Spring Magisterial District. His one-year term will expire August 31, 2011. Confirmation of the appointment has been placed on the Consent Agenda. ACTION N0. ITEM NO. --1y-°' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: July 27, 2010 Resolution authorizing the application, acceptance and appropriation of grant funds in the amount of $98,571 from Department of Homeland Security (DHS) administered through the Virginia Department of Emergency Management to the Fire and Rescue Department to support the Regional Technical Rescue Team Richard E. Burch Fire and Rescue Chief B. Clayton Goodman, 111.3 County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Fire and Rescue, Roanoke City Fire-Emergency Medical Services (EMS) and the City of Salem Fire-EMS Department participate in the State of Virginia's Heavy and Tactical Rescue Program as the Division-6 Technical Rescue Team (TRT). The Division-6 TRT is responsible for providing emergency response to most of Southwest Virginia and has been placed on alert for State and National emergencies. The funding is for the purchasing of equipment and /or to pay for training expenses to support the activities of the Regional Technical Rescue Team. FISCAL IMPACT: This grant does not require a monetary match, but does require staff time to coordinate with the City of Roanoke and City of Salem to expend the funds. If the grant is not accepted, the program will not be able to purchase needed equipment to support the team. Page 1 of 2 ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution and authorizing that a certified copy accompany the grant application for the grant award. Staff also recommends the acceptance and appropriation of $98,571 in grant funds from the Virginia Department of Emergency Management to the Fire and Rescue Department. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OR ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 2010 RESOLUTION AUTHORIZING THE APPLICATION, ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS IN THE AMOUNT OF $98,571 FROM THE DEPARTMENT OF HOMELAND SECURITY (DHS), ADMINISTERED THROUGH THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT TO THE FIRE AND RESCUE DEPARTMENT TO SUPPORT THE REGIONAL TECHNICAL RESCUE TEAM WHEREAS, Roanoke County Fire and Rescue, Roanoke City Fire-Emergency Medical Services (EMS) and the City of Salem Fire-EMS Department participate in the State of Virginia's Heavy and Tactical Rescue Program as the Division-6 Technical Rescue Team (TRT); and WHEREAS, the Division-6 TRT is responsible for providing emergency response to most of Southwest Virginia and has been placed on alert for State and National emergencies; and WHEREAS, the grant in the amount of $98,571 is for the purchase of equipment and/or to pay for training expenses to support the activities of the Regional Technical Rescue Team. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia authorizes the County Administrator, or any Assistant County Administrator, to execute for and on behalf of Roanoke County, a public entity established under the laws of the State of Virginia, this application and to file it in the appropriate State Office for the purpose of obtaining certain Federal financial assistance under the National Preparedness Directorate, United States Department of Homeland Security (DHS), administered by the Commonwealth of Virginia. Page 1 of 2 BE IT FURTHER RESOLVED that Roanoke County, a public entity established under the laws of the Commonwealth of Virginia, hereby authorizes its agent to provide to the Commonwealth and to the DHS for all matters pertaining to such Federal financial assistance and all information pertaining to these Grants as may be requested, and BE IT FURTHER RESOLVED that the Board of Supervisors of Roanoke County authorizes the application, acceptance, and appropriation of said grant monies in the amount of $98,571 for the purposes authorized in the grant application. Page 2 of 2 ACTION N0. ITEM NO. ~"" ! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 2010 AGENDA ITEM: Request from Roanoke Valley-Alleghany Regional Commission to authorize Roanoke County's participation in a Sustainable Communities Regional Planning Grant SUBMITTED BY: Daniel R. O'Donnell Assistant County Administrator APPROVED BY: B. Clayton Goodman III Count Administrator ~~' Y COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Wayne Strickland, Director of the Roanoke Valley-Alleghany Regional Commission (RVARC) has requested that a letter be sent from the County Administrator providing notification of Roanoke County's participation in a grant application to the federal government for a grant that would enable RVARC to develop a regional plan for sustainable development that would provide guidance to participating local governments in future local planning efforts. Attached to this board report is a detailed explanation of the grant process and level of involvement asked of participating communities provided to County staff by RVARC. FISCAL IMPACT; There is no direct fiscal impact as the match requirement can be satisfied by naming a staff person in the Department of Community Development to be Roanoke County's designee in the planning process. The staff time allocated is the only commitment for Roanoke County. Page 1 of 2 ALTERNATIVES Alternative one is to authorize the County Administrator to send a letter of support forthe Sustainable Communities Regional Planning Grant and to offer staff time in support of the planning process to be led by the Roanoke Valley-Alleghany Regional Commission. Alternative two is to deny the request for participation by Roanoke County. RECOMMENDATION: Staff recommends alternative one. Page 2 of 2 BACKGROUND: The Federal Consolidated Appropriations Action, 2010, provided $150,000,000 to The United States Department of Housing and Urban Development (HUD) for a Sustainable Communities Initiative to improve regional planning efforts that integrate housing and transportation decisions, and increase the capacity to improve land use and zoning. Of that appropriation, $100,000,000 is available for the Sustainable Communities Regional Planning Grant Program. The goal of the Sustainable Communities Regional Planning Grant Program is to support multi-jurisdictional regional planning efforts by local governments and partner organizations that integrate housing, land use, workforce development, economic development, transportation and environmental decision-making in a manner that promotes sustainable communities in our region over the next twenty (20) years. CONSIDERATIONS: The Sustainable Communities Regional Planning Grant project would be for three years and require engagement from a consortium, who would apply for the grant. The consortium must include the City of Roanoke (as the "core city"), a non-profit (Council of Community Services), a Metropolitan Planning Organization (MPO)/Roanoke Valley-Alleghany Regional Commission (RVARC), other localities that make up 50 percent or more of the population of the region. In addition, the grant application requires a single entity designated as the lead applicant, and documented commitments and in-kind matches from consortium members. In addition to the members that make up the consortium, a stakeholder group would be established and would be heavily involved in the project. The legislation speaks to participation and decision-making in developing and implementing a long range vision and project for the region by populations traditionally marginalized in public planning processes. The stakeholder group would include, but not be limited to, community action groups, minority groups, environmental groups, state agencies, as well as regional groups within the areas of finance, utilities, economic development, commerce, home building, and industry. The Grant is competitive. Based upon the population of the Roanoke Metropolitan Statistical Area (MSA), the grant amount that can be applied for is between $200,000 and $2,000,000. There are 108 metropolitan statistical areas, nationwide, that are in the population range in which the Roanoke MSA would compete. The total amount of funds allocated for regions in the 200,000 to 500,000 population range is $25,000,000. Therefore, the competition will be strong for these grant funds. The Grant requires a 20 percent in-kind match, which would consist of staff time, donated materials, or services from members of the consortium and stakeholder groups. No financial match is required. Out of the ten activities which are eligible for grant funding, RVARC is proposing to develop a comprehensive Regional Plan for Sustainable Development. Each application will be scored by the HUD based on 10 criteria. Those applicants who submit a project achieving a specified threshold score will qualify for a Preferred Sustainability Status. The benefits of obtaining this status include access to additional Page 1 of 2 resources and "additional points" when scoring for sustainable related grant programs managed by other agencies such as DOT, EPA, and HUD. RVARC has requested that a letter of supportlmemorandum of understanding be provided that specifies that the County will participate in the consortium and will supply in-kind staff for meetings and plan development. The letter needs to be to RVARC by July 23, 2010. The scope of work is still being developed by RVARC and the other members of the consortium; however any project that would be applied for would utilize several existing regional plans, and would entail updating critical data and consolidating these plans into aregion-wide sustainable communities plan that would outline key projects to enhance the region's economic competitiveness. The full grant application is due August 23, 2010. RECOMMENDATION: If the Board is in favor of endorsing the Roanoke Valley Alleghany Regional Commission's efforts to apply for the Department of Housing and Urban Development's Sustainable Communities Regional Planning Grant, Staff respectfully requests the Board authorize the County Administrator to send a letter of support/memorandum of understanding and take other appropriate actions moving forward to assist in RVARC's efforts to obtain the HUD Regional Planning Grant. Page 2 of 2 ACTION N0. ITEM NO. ~ ~ ~~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: July 27, 2010 Acceptance of a drainage easement from Walmart Real Estate Business Trust and a drainage easement from Walmart Real Estate Business Trust, Timberbrook Properties, IX LLC, and Fincastle Equipment Company, LC Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On May 12, 2009, the Board of Supervisors approved an agreement regarding certain vacations, dedications, conveyances and work related to the development of a shopping center in the Clearbrook area of Roanoke County. This agreement is between Roanoke County, James L. Walker of Roanoke, LLC, and Walmart Real Estate Business Trust. It identifies the various actions to be taken by each of the parties for the vacation, abandonment, dedication and conveyance of portions of Stable Road, Clearbrook Village Lane and other real estate in order to implement the provisions of the Board of Supervisors' Ordinance No.102406-7, a 2001 Performance Agreement between the Board and James L. Walker, LLC, and to construct intersection improvements at Buck Mountain Road, Stable Road and U.S. Route 220 (Franklin Road). In order to fulfill one of the conditions of this agreement, and to satisfy Roanoke County's development regulations forstorm waterdrainage, Walmart and the Timberbrook parties are conveying to Roanoke County the drainage easements shown on the enclosed plats. FISCAL IMPACT: None Page 1 of 2 STAFF RECOMMENDATION: It is recommended that the Board accept the conveyance of these drainage easements and that the County Administrator or any Assistant County Administrators be authorized to execute these deeds and any other documents as may be necessary to accomplish this transaction, all upon form approved by the County Attorney. Page 2 of 2 CURVE f~AADIUS ARC LENGTH DELTA ANGLE GHORO LENGTH GHORD BEARING C1 50.00' 22,32' 25'34 39' 22.14 N 05'08'33" W LINE BEARING DISTANCE L1A N 18`05'44" W ?,4.77' L1 H L2 N 18`x5 44 w N D9'1Z'40" E 10.38' 9.12' L3 L4A N 15'21'D9" w N 30'36 35 E 32.3fi' ~B.SS L4B 1V 30'36'35" E 38,93' L5 N 09'46 36 E 89,1 S' L6 IV 47"38 46" E 47.93' L7 N 17'55'52" w 26a.01' O LET 1A TM N: 88.44-41 ~4~.04 WA~.MART 25.115 ACRES 0 ~ 3a' PuBUG DRA-iNAGE ~EASF~IENT ~~~ ~ ~ ~~ '~ ~ ~~ ~ C1 H ~ ~ ~ ti ~~ _ H ~r ~ ~~ s _ _ STgr "~ ~ L1 A r NIP ~ •T NIP ~ . ' Bs L4A ~~fi ..., `~ ~ ~ t~T~$ ~ 1, THIS EASEMENT SURVEY 15 BASED ON CURRENT FIELD SURVEYS PERFORMED BETWEEN JULY 2B, 2006 AND JULY 17, Za09. 2. BOUNDARY INFORMATION IS BASED ON PLAT BY DEYVBERRY: FILE NUf+~BER V31286 WRH A REMISED DATE OF OCTOBER 30, 2aa9. 3, vrlLmES NoT SHOWN, MAr Q(15T, 4. TH15 SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A 'T'ITLE REF~ORT AND HOES NOT T1"IEREF'ORE NECESSARILY INDICATE ALL ENCUMBI7ANCES ON THE • EIP-D(15T1NG IRON PIN o NlP-NEW IRON PIN ~, C0~11'UTED POINT T1rIN; TAX PARCEL ID. Nv. EASEMENT CENTERLJNE BoUNDARr uNE - - PROPERTY uNE ~5~~, r ~~ ~ ~v~~~ ~~'~ . ~ ~` ~4 ~~ ~ ~ ~~~ ~~~ ~~ ~' ~4 ~~ ~ ~ ~~ f ~ ,.~ o ~RGB~R GTSON~' . 0~~4~ 1 r '~' w ar 5 aaoPean" ..,,,.....,~ .,~ ~......,m,.,.,....~.. ,,,...,~ PLAT SHOWING 0' 100' 200' PUBLIC DRAINAGE EASEMENTS FOR: WALMART REAL ESTATE - BUSINESS TRUST Dewberry. STORE No. 1301-02 CAVE SPRING MAGISTERIAL DISTRICT Dewberry & Davis, Inc. ROANOKE COUNTY. VIRGINIA 661 PfNEV FoREBT t1oAD C~JVaV1.1E, VA 26+10 SCALE; 1 ~ = 10~' OATE: DECEMBER 8, 2~9 SNEE"1" NQ, 1 of ~ P~K'~ 43l'~7M~'! FIUC 4~?'PIA341 PR4dECT Na. 58019458 pAAWN BY: 13DD PART! c~l~~: FEES N0. V30Q~A P:1500Q~J49Cf~CADD\Survey~Piata~2009,12.x8 Public 5tarm Drainage Eemte.dwg N.3602654.9456 ~ GURVE RADIUS ARC LENGTH DELTA ANGLE CHORD LENGTH CHORq BEARING E.114b0$19,4475 EIR G2 136A4' 157.57 66'22'58" 148.90 N 15'15 37" E ,~ ~ ~ ~ ~ ~7 a ~ w w / ~ ~' ~ z ~~ ~ ~ ~ v `- ` ~ ~ ~ _ ~ ~ ~ ~ ~ N , ~ ~' ~ ~ ~~ ~ DRAINAGE FASEI~ENT ~..~ .~/ l ~ G ~ ~ ~ ~_~ ~ ~-~. i ~ NIP L I '~: i ~" ~A ..~ , ~, ~~~ ~~ ~_° '~ ~ ~~ ~~ _~r, --_ w I ~ w ~ ~~ ~~. _ N ~ N ti Z I I Q 4J x p~fy 00249 f ~ 0 s~.~~~ Nlp STABLE ROAD I STATE ROUTE 766 _~. __ _w __ __ -~- PLATSH0111C~NG o' 100' 200' PUBLIC DRAINAGE EASEMENTS FOR; WALMAF~T F~EAL ESTATE B~JS~NESSTRUST ~~~'b~~r ~ ST0 a E N 0. ~ 30 ~ -0~ y CAVE SPITING MAGISTERIAL. pISTRICT Dewbarry ~ Davis, Ir1c. ROANOKE COUNTY, VIRGINIA G61 ~f Ff~BT ~ r»wv~, vA Sc~afF: 1" = 10O' DATE: pECEM6ElR 8, 2009 SHEEP ~o. 2 or 5 f~(~ ~l'~iT'~i~7 ~~x: 4~~1 Pao~ECr No. 50419458 ow~wN aY; BDD paRTY CHi£F: FIB N0. V3~U~A LINE - BEARING gISTANCE L8 N 48'27'46" E 164.4fi' L9 N 54'53'43" E 165.41' L14 N 62'14'55" E 50.94 L11 L12 N 75'08 10' E N z1'D2 32 W 54.83' 44,261 L24 N 23'32'12" W 225,33' L25 N 75'0320" W 140,00 L26 N 19'22 33' W 61,69 u~~ ~ EIP-EXISTING IRON PiN o NIP-NEW IRON pIN p COtuIPUTED POINT TMN; TAX PARCEL Ip. No. EASEMENT CENTERLINE BOUNDARY LINE -~ _ PROPERTY LINE ~L ~T~ 1. THIS EASEMENT SURVEY 4S BASED 4N CURI'~ENT FIELD SURVEYS PFRFORIrIED BETWEEN JULY 28, 2446 AND JULY i 7, 20x9. 2, BOUNDARY INFORMATION 15 BASED ON PLAT BY gEWBERRY; FILF NUMBER V31288 WITH A REVISED DATE OE 12 -~ OCTOBER 30, 2409. ~ ~~ wr>~our THE BENEFIT ol" A T1TLI~ 3, UT1LlTIES NOT SFIOWN, 1~IAY EXIST. 4. THIS 5URVE1' HAS BEEN PREPARED -~ REPORT AND DOES NOT THEREI''ORE NECESSARILY INDICATE ALL E~ICUMBRaNCES ON THE PROPERTY, ~~ LOT 1A ~ ° TM N: S.$.04~01-09.04 ~ WALMART ~ ~ X5,1 ~ 5 ACRES ~p,~-TH p~, 1~` ~'~ 1 ~ ~~ 1 ~~ 30' PUBLIC -~ ~ DRAINAGE EASEMENT ~ ~ ~R~B~~~ ~TSaN i~ ~ ~, 1 1 ' ~ ~ ~4, ~~ ~ ~~~ 1 1 1 1 1 ~ ~ ~ ~ ~ _ _ 1 N; 3602254.2555 E; 11059840.6559 p:~~gpQ049f}\CADD~Survey~Plaie~2flp9.12.0~ public Storm Dralnnge E~mta.dwg ~~. ~~8 1. THIS EASEMENT SURVEY IS BASED ON CURRENT FlELD SURVEYS PERFORMED BETWEEN JULY 28, 200G AND JULY 17, 2009. 2, BOUNDARY INFORMATION IS BASED ON PLAT BY DEWBERRY: FILE NUMBER V3128B WITH A REVISED DATE OF OCTOBER 30, 2809, 3. UTILITIES NOT SHOWN, MAY EXIST. 4 THIS SURVEY HAS BEEN PREPARED LINE BEARING DISTANCE L 19 N 14" 30 54 1M 180.00 L20A N 20'37'49" E 54.11' L208 N 20'37'49" E 25.41' L20C N 20'37'49 E 33,54' 1.21 N 19' 45' 16" W 55.47' L22A N 08' 10 38 W 63,89 LZ2B N O6' 1 q'38" W 46.78' LINE BEARING DISTANCE L23 N 28'49 q4 W 49.87 L29 N 10'31'57" E 60.fi0' L30 N fi4'20 45 E 54,96 L31 N 59'5p'13 E 136,27' L32 S 67'09'43" E i 69.06' L33 S 07'29 17" E 40.91 L34 5 25'06'53" E 81,49' WfChOUT THE BENEFlT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY + , INDICATE All. ENCUMBRANCES ON THE + NF NF r PROPERTY. ~,.~...., ~ r TuN: BB.a~ 01-77'.00 ~ + cc w ~... 1~N: 88,04-01-29.00 - ""~ ~,~.7 ~~~ ~ w ~' && KARTHLEEN D. RBRYANT r J & IJN~ B NDODS~NN N: 36Q 1972.7433 A •''"~~~r]~ ~E g33 ~ ~ DB 1007 PG 145 r D8 1007 PG 300 E: 11061432.6355 S~1`~S,T~~E~ ~ . 08 1007 PG 149 (PLAT} D8 1007 PG 30Q (PLAT) s o ~ . ~- ' ~ N ~ DB 1007 PG 149 (PLAT) EI , ~'$~ J~ y 1 ~ t a ~ p8,q~, w ~S z c z ~ ~ G~ w ~~ ~4 s~. o° ~ ~ z ~ ~ ~ f r S 81'47'24" E roU~ ~` ~ ~7 ~~ °ia ~ ~ '~ LOT z Y ~ ~ ° ~ s ~ ~ ~ TM N~ 88,4-D1-39~~~ 4 + °i ~~ ~fr ~$ ~ , !~N,,, / RETAIL LOT ~,©U~~ ~~-~n' Pueuc 7.57 ACRES ~ ~ ~ / DRAINAGE EASEMENT I a? f ~* ~ Y~ N I I ~' O ~~ m ~ 1 ~ ~ ~ 0 1 ~ ~°j ~RgBER GTSON~ ~ ~ O U ~ ra ~~9 31 ` ~~ .042491 b ~ q~~ 3~ ~ ~~ ~'~' 1 ~ ~ a ~;. 2a Pu Buc ~ W 10 DRAINAGE ~ ~ EASEMENT L29 EI ~~ 5 L22B ~ - _ ~ ~?~ ~ _ 3 ~ ... _ ~ ~ ~! r 30' PUBUc DRAINAGE EA5EJ~fENT • EIP-EXISTING IRON PIN o NIP-NEW IRON PIN p CnMPUTED POINT T1r1N: TAX PAAFtCEL ID. N - EAEMENT CENTERLINE BOUNDARY LINE PROPERTY uNE ~ ~ SUR i ~~ ~~ ~ L2i ~ ~' S 1T27'O9" E 4 Ix~,s~ TI ~ N:3601894.7599 ~ \ ~ ~~ ~ ~ NIP E 11060866.$551 ~~ ~ .~ .~L19 w 30' PUBLIC `~ LOT 1A DRAINAGE TMN: 88.x4-a1-~9.OQ EASEMENT ~ WALMART 25,115 ACRES o' 1 ov' 2ov' I~ ~ rr ~ b~ Dewberry 8~ Davis, Inc. ~~~~ CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING C3 30,Od 21,15' 40'23'04 20.71' N 00'2b'17" E C4 52.00' 12,32' 13'34'38" 12,29' N 12'57'57" W C5 52.00 15.17 1 S'42 35 15,11 N 02' 1 Q 40 E C6 100.00' 92.50' 53'00'04" 89,24' N 86"20'15" E C7 C7 130,00' 130,00` 135.40 135.40 59'40 26 59'40 26 129.3 129.3fi 5 37'19 30 E C8 C8 50.00' 50.00' 15.3B~ 15,38 1T37`37~ 17'37'37" 15.3. 15,32' S 16`18'05" E PLAT SHOWING PUBLIC DRAINAGE EASEMENTS FOR: WALMART REAL ESTATE BUSINESS TRUST STORE No. 1301-02 CAVE SPRING MAGISTERIAL DISTRICT ROANOI~ COUNTY, VIRGINIA aA~,vu~ vA ~n SCALE; 1 " = 140` DATE; DECEMBER 8, 2009 SHEET No. 3 ar 5 FAX 4~1.a"9754~41 PROJECT N0.5001945I3 DRAWN BY. 6D0 PARTY CHIEF; FILE NC. V3BO~A P:\5Q000490\CADD\5urvey\Plata\2009.12.09 Public Storm Dr+ain4ga Eamts.dwg 1 NrF THIN: $8.04-01-44.00 ,'' CATHERINE CAMPBELL BURdETTE i & CHARLES C. BURDETTE, JR. ~ DB 33~ PG 81 f dB 298 PG 270 PLAT} r f ~ J r INN. 88.04-0 I ""'4~.~0 .~~+~ - w j T11~8ER8ROOK PROPERTIES IX, LLC & ~ - - r I:INCASILnnE[~ E+Q~//t}}iI/P~~iENT/~ COOMPANY, LC. - - ,. - -~"""~ '. ~ UB 2V03 PC 1 ~ ~3 ~ ~ / `~' ~~~~4j ~ - ~I ~ PB 27 PG 58 ~ ~• . ~ ~ ~`~ EIP ~ r ~ .~~~~ 'II ~ - ~ - ,~ ~+r $~~~ ETA ~ ~: ~Sqq~/~"fi8^~~~~ ~~,~~ ~O1S ~ . 1 ip81 ~A ~ ~ ~. ~ ~~ ~:I $ ~ N ,~,~~~ S4 ~UTLQT 1 ~° ~ rn ~ co ~ v 1.330 AcResa{~ ~ ~ Vr ~ ' ~ 1 r ', NIP ~5~~. ~,~ ~~~~ ~ aE 5 P 1 1 ~ /F ~~ ~p, ~" p6 ~~ ~t't ~'' ~ ,,, / ~ ~ ~ ~ TI-~N: 98.02-03-02.00 ~r ~ i ~ ~~/ ~~~.'~~ °.,° ~' ~' HOWARD L 5tCLAIR J ,. ~ ~ A ~ ,~~~ ~~~ N ~ ~t iG4THLEEN C. StCLAIR ~'~ ~ .'+r f t 1'Qp'~ ,~~ ~ ~'~ a ~ DB 1159 PG 2,38 ~ ~r 5 ~ ~,~ p~~,E~ ~ m d9 11 ~9 f'C 240 ~P~4T) ~~ ~ .~ ~ ~ ~`~~ ~~ '~ o ~UTI.UT ~ EIP ~ ~~' ~'{ '~a ~ T'MN: 68.D3~04 N: 360081 ~.~~ 1 ~ ~ ~` "~ rip 1,417 ACRES ~ E: 11081185.1197 ~' ~ ~ ~~' ~ ~ ~, o ~ t~ ~'^ EIP N/F ~ ROBER GTSaN ~` ~` ~~ N: ss.U3-0 ! -01.D0 , JOAN ~I. RE5K i 002491 `, INSTR. No. 2003-13844 ,~- P8 28 PG 146 o ~ ,, ~ ~~~ svR / ~ , ~1 '~ , ~ EIP-EXISTING IRON PIN ~r~~ a NIP-NEW IRON PIN ', p COf~IPUTED POINT ' ', Tl~tN: TAX PARCEL 10. No. ~ ~ ~'~ - EASEMENT CENTERLINE ~~ e~° B011NDARY l1NE ~~?~ ~,~~ - - PROPERTY uNE ~ ~ ~'~ / ~. ~~~. ,, NOTES , 1, TH15 EASEMENT SURYE1f 15 BASED ON CURRENT FIELD SURVEY'S PERFORlNED BETWEEN JULY 28, 2O0fi AND JULY 17, 2009. , ~ 2, BOUNDARY INFOIZ~iAT10N 15 BASED OH PLAT BY DEWBERRY: FlLE ~ ~ NUMBER V31268 w1TH A REVISED PATE OF OCTgBER 30, 2009. 3. UT1LmE5 NOT 5>aQWN, ~IAY EXIST. ~, TH15 5URYE1' HA5 SEEN PREPARED WITHOl1T THE BENEFIT OP A ,, T1TlE REiaORT AND DOES NOT TWEREFORE NECESSARILY IN0IGATE AL,I. ENCUMBRANCES ON THE PROPERTY. PLAT SHaWING ~~ 1 ~p~ ~~~~ PUBLIC DRAINAGE EASEMENTS FOR: UVALMART REAL ESTATE ~- B~SINES TR~JST ,~ y~~ xY ~ T~JRE No.13~1-~~ ~ ~ ~ CAVE SPRING MAGISTERIAL DISTRICT D~wb~rry & Davis, Inc, RQANQKE CC~~INTY, VIRGINIA ~ ~ rra~s'r ~ ~ ~,~' SCALE: 1 ~ = 1 D{}" DATE; DECEtuIBER 8, 20U9 SHfiEf N0. 5 of 5 r`Ax ~~',~" r~noJEcr No. ~ ~ ~~ DnAwN SY: Boa PARTY cwlF;~: FIIF NA. V3000A P:~5000Q49A,CADQ,5urvey~Plata~2g09.12.08 Pudic Storm Drainage Earnta.dwg GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA M-1 °/o of General Amount Fund Revenue Unaudited balance at June 30, 2009 $ 19,959,122 10.69% Balance at July 27, 2010 $ 19,959,122 10.53% ** Note; On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2009-10 a range of 9.5°/°-10.5°/° of General Fund Revenues 2009-10 General Fund Revenues $186,756,550 9.5°/° of General Fund Revenues $17,741,872 10.5% of General Fund Revenues $19,609,438 ** 2010-11 a range of 10.0°/°-11.0 % of General Fund Revenues 2010-11 General Fund Revenues $189,618,185 10.0 % of General Fund Revenues $18,961,819 11.0 °/° of General Fund Revenues $20,858,000 The Unappropriated Fund Balance of the County is currently maintained at 10,53°/° which is within the range of our goal for 2010-11. The County's goal is to increase the balance over time to 11.0% Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator'3~0- M-2 COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Unaudited balance at June 30, 2010 Balance at July 27, 2010 Mayor County Capital Reserve Amount $1,400,233.20 $1,400,233.20 (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited balance at June 30, 2010 Balance at July 27, 2010 Submitted By Rebecca E. Owens Director of Finance $883,539.00 $883,539.00 Approved By B. Clayton Goodman III County Administrator ~. M3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA From 2010-2011 Original Budget July 13, 2010 Appropriation for Legislative Liaison Balance at July 27, 2010 Submitted By Rebecca E. Owens Director of Finance Amount $100, 000.00 (24,000.00) $ 76,000.00 Approved By B. Clayton Goodman III County Administrator~r ACTION N0. ITEM NUMBER M-4 ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: July 29, 2010. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of June 30, 2010. SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON 10,151,599.74 10,151,599.74 GOVERNMENT: SMITH BARNEY CONTRA 183,626.34 SMITH BARNEY 44,023,763.76 SUNTRUST SECURITIES 0.00 SUNTRUST SECURITIES CONTRA 0.00 WELLS GARGO 13,000,000.00 WELLS FARGO CONTRA 3,382.00 0.00 57, 210, 772.10 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION 22,067,353.15 22,067,353.15 MONEY MARKET: BRANCH BANKING & TRUST 1,074,467.15 MORGAN STANLEY -JAIL 1,100,018.76 SMITH BARNEY 52,014,424.54 SUNTRUST SECURITIES 2,004,423.02 STELLAR ONE 1,034,049.13 WACHOVIA 0.00 WELLS FARGO 3,010,580.64 60,237,963.24 CASH INVESTMENT: SMITH BARNEY 0.00 0.00 TOTAL 149,667,688.23 07/22/10 ACTION N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: July 27, 2010 Accounts Paid-June 2010 Rebecca E. Owens Director of Finance B. Clayton Goodman III County Administrator ~- ITEM N0. M-5 SUMMARYOF INFORMATION: Payments to Vendors Payroll 06/11 /10 Payroll 06/25/10 Manual Checks Grand Total Direct Deposit $ - 1,102,308.50 1,048,145.12 Checks Total $ - $ 6,290,200.68 139,596.64 1,241,905.14 146, 387.61 1,194, 532.73 1, 958.75 1, 958.75 $ 8, 728, 597.30 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. ACTION N0. ITEM N0. M-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 2010 AGENDA ITEM: Report of Claims Activity for the Self-Insurance Program for the quarter ended June 30, 2010 SUBMITTED BY: Donald R. Karnes Risk Manager APPROVED BY: B. Clayton Goodman III County Administrator 1~~ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In accordance with the Self-Insurance Program, Ordinance 0-061494-6, Section 2-86.C, attached is the fiscal year-to-date claims activity report including the fourth quarter that ended June 30, 2010. AttachmentA-Auto, Attachment B -General Liability. ACTION NO. ITEM NO. J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 2010 AGENDA ITEM: Work Session to discuss a contract with Trane to reduce energyconsumption and operational coststhroughtheCounty and financing of an energy contract SUBMITTED BY: Anne Marie Green Director of General Services Rebecca Owens Director of Finance APPROVED BY: B. Clayton Goodman III County Administrator ~ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARYOF INFORMATION: Trane Contract The Board of Supervisors directed staffto investigateenergyperformancecontractingasa wayto save money in utility costs. Atthe sametime, reduction of energy usewill also help the County meet its ICLEI Milestone Three goal of reducing its carbon footprint by 3 percent per year. Staff issued a request for proposal (RFP} for a performance management contract and interviewed the two responding firms. Based on those interviews and reference checks, Trane, Inc. was chosen for this project. The first step was a "back of the envelope" review of county facilities to provide a general overview of which upgrades to various county facilities would allow for the best payback. After that review was complete, staff met with representatives from Trane and refined the list, based on the amount of funding that could be dedicated from the Energy Efficiency and Conservation Block Grant (EECBG), the payback period and the amount of debt service which the County could reasonably incur at this time through a lease purchase. Page 1 of 2 Energy Lease Financing The project total for the purpose of furnishing services designed to reduce energy consumption and operations costs at various County facilities totals $1,479,875. Funding for the project will be as follows: • $322,438 from the EECBG approved by the Board an April 13, 2010 • $9,400 from the Capital Account-Capital Building Repair Account X102415) for the virtual server • Lease purchase agreement with Green Campus Partners for a period of 10 years at an interest rate of 3.99 percent in an amount not to exceed $1,175,000. The Trane project will be completed within 180 days per the contract and all funds will be expended from the escrow account within the required 18 months to satisfy current Federal arbitrage rebate requirements. The lease is tentatively scheduled to close on August 24, 2010. The principal and interest payments on the lease purchase will primarily be paid from savings in utility costs associated with the installation of energy efficient equipment by Trane. In years 2011-2015 an amount from Salem Bank and Trust fund will be used towards the lease payment as well. If the guaranteed savings are not realized in anyyear of the lease term, Trane will pay the unrealized savings to the County. The savings calculations are based on baseline utility costs using the existing equipment compared to the projected cost after the energy efficient equipment is installed. Cost increases associated with increases in utility rates and/or expansions of County buildings are not included in these calculations. At this point, the County is ready to enter into a contract with Trane to implement a strategic solution to reduce non-renewable energy and water consumption in municipal buildings. Staff will discuss the upgrades in greater detail at the work session Page 2 of 2 ACTION N0. ITEM NO. ~I " ~ ~QY AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE; AGENDA ITEM: SUBMITTED BY: July 27, 2010 Work Session on South Peak Community Development Authority (CDA) Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS; SUMMARYOF INFORMATION: The purpose of this work session is to brief the Board of Supervisors on the changes requested to be made to the memorandum of understanding, which is one of the key documents in the creation of a communitydevelopmentauthorityatSouth Peak (previously known as Slate Hill). At the work session on July 13, 2010, Board members raised several questions with respect to the various documents and inquired as to incorporating changes to these documents in order to increase the protections to the County and its taxpayers. The Chairman requested that the County Attorney summarize these changes and report to the Board at another work session scheduled for July 27, 2010. These changes could be included in the draft memorandum of understanding orthey could be included in a development agreement, which would be negotiated after the Board adoptsthe ordinance creating this communitydevelopmentauthority. These changes are as follows: 1. Reimbursement of water and sewer connection fees. In many development projects a credit for the value of water and sewer improvements dedicated to the Western Virginia Water Authority are awarded to the developer. It was recommended that any credits or rebates be awarded to the CDA instead of the petitioners. Credits or rebates paid to the CDA would be used to lower the annual debt payment, debt principal or the CDA operating expenses. 2. Construction of temporary improvements. If temporary water and sewer improvements must be constructed to benefit a portion of this project (the first phase of the Page 1 of 2 condominiums), and then these improvements are dismantled and permanent improvements installed, the CDA not be required to pay from the bond proceeds forthe construction and installation of boththetemporaryand permanentimprovements. In other words the CDA should not be obligated to pay twice forthe same improvements. 3. No building permits issued until development agreement approved. The County Attorney advised the Board that if the Board adopts the ordinance creating the CDA, then a development agreement between the County, the developer/petitionerand the CDA must be negotiated and approved. One of the changes suggested by the Board is to include a provision inthe memorandum of understandingthatnobuilding permitsbeissued untilthis development agreement is approved by the County. Was this limitation on the issuance of building permits to apply onlyto CDA-financed infrastructure? 4. Property owners' association fees. One of the changes suggested by the Board was to include in the memorandum of understanding or in the development agreement a provision thatthe CDA be exempted from the payment of any property owners association (POA) fees. The CDAwill be the ownerof certain property in this project. Although it is a special purpose unit of government and therefore exempt from any real estate taxes or special assessments if the CDA were deemed to be a lot owner, it could still be assessed fees by the POA for the cost of operations and maintenance. The establishment of the POA, how it operates and how it collects revenue should be included in the development agreement. 5. CDA Board member compensation. Section 6 (d) of the draft ordinance provides for compensation for services, provided that no member shall receive compensation in excess of $300 per meeting attended unless authorized by resolution of the Board of Supervisors. One of the changes suggested by the Board was to state that any officers or employees of the County or the developer/petitioner would be ineligible for compensation as a CDA Board member. County staff has reviewed these proposed changes and recommends that they be included in the appropriate CDA documents. Page 2 of 2 PETITION PURSUANT TO VIRGINIA CODE SECTION 15.2-5152, et seq. FOR THE CREATION OF THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY TO THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA WHEREAS, the undersigned (collectively, the "Petitioners" and each separately a "Petitioner"), is the owner of certain real property located in the County of Roanoke, Virginia (the "County"), more particularly shown on Exhibit A attached hereto and incorporated herein by this reference (collectively, the "Property"); and WHEREAS, the Petitioners (or their designee) are undertaking the development of the Property into amixed-use development to include commercial, retail and residential components (the "Project"), which is in the public interest of the County and its environs and which benefits the Commonwealth of Virginia (the "Commonwealth") and its citizens by facilitating the public purpose of economic development in the County; and WHEREAS, the Board of Supervisors of the County (the "Board") is authorized, pursuant to § 15.2-5152 of the Code of Virginia of 1950, as amended (the "Virginia Code"), to consider petitions for the creation of local community development authorities; and WHEREAS, Petitioners desire to join with the Board to create a mechanism for the funding of certain infrastructure improvements, facilities and services, including, among others, public roads, parking facilities, landscaping, public utilities, wetlands mitigation and storm water management to be located in and around the area in which the Property is located, and that are necessary or desirable for development or redevelopment within or affecting the Project or to meet the increased demands placed on the County as a result of the development or redevelopment within or affecting the Project; and WHEREAS, Petitioners have determined that a community development authority (the "CDA") affords the best mechanism for providing all or a portion of such infrastructure improvements and services in and around the area in which the Project is located; and WHEREAS, the provision of such infrastructure improvements and services will facilitate the successful expansion of the County's tax base through increased real property tax revenues, personal property tax revenues, meals taxes, retail sales tax revenues and business and license fee revenues from the expansion of the tax base contemplated within the proposed community development authority district; and NOW, THEREFORE, the undersigned Petitioners, pursuant to Virginia Code § 15.2- 5153, do hereby petition the Board to establish, by ordinance pursuant to Virginia Code § 15.2- 5155, the CDA. In support of this Petition, Petitioners state as follows: 1. Petitioners and District. Petitioners collectively are the owners of all of the land area proposed to be included within the geographic boundaries of the CDA (such real property, which is located within the boundaries of the Property, is herein referred to collectively as the "CDA District"). A list of the parcels to be included within the CDA District is attached to this Petition as Exhibit A and is incorporated herein by this reference. All parcels within the CDA -1- District are located exclusively within Roanoke County, Virginia. The CDA District boundaries are shown on the map attached to this Petition as Exhibit B and incorporated herein by this reference, but may be expanded by the Board by subsequent ordinance upon petition filed pursuant to the Virginia Code and further may be reduced to exclude land within the CDA District so long as the owners of at least 51 percent of the land area or assessed value of land remaining in the CDA District after adjustment petitioned for the creation of the CDA. Petitioners request that the CDA be called the "South Peak Community Development Authority." 2. Description of Infrastructure, Facilities and Services. The CDA shall be formed for the purposes of, among other things, acquiring, financing, constructing, equipping and providing the installation, operation, maintenance (unless dedicated to and accepted by the appropriate governmental entity other than the CDA), replacement, relocation and alteration of all or portions of the public infrastructure, facilities and services identified on Exhibit C, including, without limitation, (a) sanitary sewer mains and lines; (b) water mains and lines, pump stations and water storage facilities; (c) storm sewer mains and lines; (d) landscaping and related site improvements; (e) parking facilities; (~ sidewalks and walkway paths; (g) storm water management and retention systems (including best management practices, water quality devices and erosion and sediment control); (h) lighting (including street and decorative lights in public rights of way); (i) street and directional signage; (j) wetlands mitigation; (k) roads, curbs and gutters (inclusive of rights of ways and easements related thereto); and (1) any and all facilities and services appurtenant to the above (collectively, all such existing and new public roads, utilities, facilities and services hereinafter, the "Infrastructure"). The CDA may contract for and incur all necessary expenses to accomplish the above and all related purposes, and all such operating expenses of the CDA, including, without limitation, administrative, underwriting, accounting, engineering and legal (all collectively hereinafter "the Operation of the CDA"), may be included within the scope of any bonds issued by the CDA. The CDA may perform or cause to be performed all work necessary to accomplish these purposes, including, without limitation, right-of way and easement acquisition, permitting, and/or relocation of existing utilities. 3. Description of Provision and Financing of Infrastructure and Operation of the CDA. The Infrastructure shall be constructed by or on behalf of the CDA upon availability of funding. As set forth in paragraph 2 above, the CDA may contract for all services required for the Operation of the CDA and provision of the Infrastructure. The County and the CDA may contract with each other and with other parties necessary or desirable for the Operation of the CDA and provision of the Infrastructure or services directly related to the Operation of the CDA. The proposed plan for the Operation of the CDA and for the provision of the Infrastructure within the CDA District is as follows: (a) The CDA may issue revenue bonds, in one or more series, for the Operation of the CDA and for the provision of the Infrastructure or any portion thereof, and for the administrative and other authorized costs and expenses of issuing such bonds and performing the work necessary to provide the Infrastructure or any portion thereof. The issuance of the bonds by the CDA will require approval by the Board of Supervisors prior to issuance. Adoption of an ordinance by the Board of Supervisors creating the CDA will not constitute approval of the issuance of bonds. The bonds will be payable -2- solely from revenues received by the CDA, including back-up special assessments, and shall be sufficient in an aggregate principal amount to produce amounts available for public improvement costs equaling $11,058,305 (but in any event in an aggregate principal amount no greater than X16,000,000}, subject to and in accordance with the terms of a Memorandum of Understanding between the Developer, the County and the CDA (the "Memorandum of Understanding"), a copy of which is attached hereto as Fxh;h;t n (b) Petitioners propose that the Board to establish a special assessment upon taxable real property within the CDA District to finance all or a portion of the Infrastructure and the Operation of the CDA as described in and in accordance with the terms of the Memorandum of Understanding. Petitioner acknowledges that there will be a special assessment levied on all property in the CDA District and that each landowner in the CDA District agrees or will agree to provide disclosure to all purchasers of land in the CDA District of the existence of the CDA and the special assessment that is expected to be levied. (c} Petitioners propose that the Board approve a plan to make certain advances of County funds to the CDA using increased tax revenues generated by the development of the property within the CDA District, to finance the cost of the Infrastructure and the Operation of the CDA as described in and in accordance with the terms of the Memorandum of Understanding. 4. Expected Benefits from the Provision of Proposed Infrastructure and the Operation of the CDA. The provision of the Infrastructure and the Operation of the CDA will facilitate the County's efforts to attract new business and economic development to the County in furtherance of the County's business development strategies. The Infrastructure and the Operation of the CDA are necessary or desirable for development or redevelopment within or affecting the Project or to meet the increased demands placed upon the County as a result of the development or redevelopment within or affecting the Project. The development or redevelopment of the Project, which would be enabled by the Infrastructure and the Operation of the CDA, will enhance the County's tax base by increasing tax revenues and by increasing the value of the real property within the CDA District. 5. Members of the CDA. The CDA shall have five members appointed by the Board pursuant to the terms of Virginia Code § 15.2-5113. The Petitioners agree that one or more members of the board of the CDA may be members of the Board or County staff and further agree that all members of the CDA board shall reside in the County. 6. Duration/Abolition of the CDA. The CDA may be abolished at any time by appropriate action of the Board, provided that no such abolition shall occur while any CDA obligation remains outstanding or at any time in the three years following the adoption by the Board of the ordinance creating the CDA. Furthermore, it is contemplated that the CDA shall continue to exist beyond the retirement of all of its obligations to the extent necessary andlor appropriate for the continued operation of the CDA. The CDA shall be deemed to be automatically dissolved without further action by the Board of Supervisors if no bonds are approved and issued within three years after the adoption of the ordinance creating the CDA. -3- 7. No Liability of County; Amendment of Ordinance. The Petitioners agree that the Bonds will constitute a debt of the CDA and shall not be deemed to be an obligation of the County. The County shall not pay debt service on any part of the Bonds from revenues or funds derived by the County from sources other than the special taxes or assessments authorized in Section 15.2-5158 of the Virginia Code, except as rr~ay be specifically provided in the ordinance creating the CDA and as specifically set forth in the Memorandum of Understanding. No amendment to the ordinance creating the CDA shall impose any financial obligation on the County other than as set forth in the ordinance creating the CDA, as originally adopted, and in the Memorandum of Understanding. 8. County's Costs. The Petitioners agree to pay all costs incurred by the County in connection with the creation of the CDA, including County staff time in reviewing and evaluating the documents required to create the CDA, advertising for public hearing, retaining financial, legal, engineering and other consultants required by the County, printing, and other direct and indirect costs incurred by the County in creating the CDA and in connection with the issuance of the Bonds, whether or not the CDA is created or the Bonds are issued. 9. No Commitment to Approve Bonds. The undersigned acknowledges that adoption of an ordinance by the Board creating the CDA does not constitute approval of the issuance of the Bonds by the CDA. The issuance of any bonds by the CDA is subject to the prior approval of the Board of Supervisors. 10. Waiver. Each Petitioner intends to provide a waiver of the thirty (3 0) day period to withdraw its signature from this Petition as provided in Virginia Code § 15.2-5156B. ACCORDINGLY, for the reasons above, and in reliance upon the assurances and covenants set out herein, Petitioners respectfully request that the Board establish the South Peak District Community Development Authority for the purposes set forth in this Petition. IN WITNES S HEREOF, Petitioners have executed this Petition pursuant to due authority this day of , 2010. McNeil Properties LLC, a Virginia limited liability company By: James R. Smith, Member Woodcliff Investments LLC, a Virginia limited liability company By~ James R. Smith, Member -4- DNAL Holdings III, LLC, a Virginia limited liability company By: James R. Smith, Member M&H Holdings Inc., a Virginia corporation By: James R. Smith, President -5- Slate Hill I LLC, a Virginia limited liability company By: James R. Smith, Member Slate Hill II LLC, a Virginia limited liability company By: James R. Smith, Member -6- Exhibits: Exhibit A - List of Parcels by Tax Map Number Exhibit B -Map of CDA District Exhibit C - Description of Proposed Infrastructure Exhibit D -Draft of Memorandum of Understanding -~- EXHIBIT A LIST OF PARCELS BY TAX MAP NUMBER Property Owner GPIN Number DNAL Holdings III, LLC 077.20-0 l -48.01-0000 M & H Holdings Inc. 077.20-0 l - 02.01-0000 McNeil Properties LLC 077.20-0 l - 10.00-0000 McNeil Properties LLC 077.20-0 l - 11.00-0000 McNeil Properties LLC 077.20-01- 15.01-0000 McNeil Properties LLC 077.20-0 l - 17.00-0000 McNeil Properties LLC 077.20-0 l - 18.00-0000 McNeil Properties LLC 077.20-0 l - 19.00-0000 McNeil Properties LLC 077.20-O1-20.00-0000 McNeil Properties LLC 077.20-0 l -21.00-0000 McNeil Properties LLC 077.20-0 l -22.00-0000 McNeil Properties LLC 077.20-0 l -23.00-0000 McNeil Properties LLC 077.20-0 l -24.00-0000 McNeil Properties LLC 077.20-0 l - 25.00-0000 Slate Hill I LLC 087.08-03- 11.00-0000 Slate Hill II LLC 077.20-0 l - 52.00-0000 Woodcliff Investments LLC 077.20-01- 03.00-0000 Woodcliff Investments LLC 077.20-0 l - 04.00-0000 Woodcliff Investments LLC 077.20-0 l - 14.00-0000 Woodcliff Investments LLC 077.20-0 l - 54.00-0000 Woodcliff Investments LLC 077.20-O1- 55.00-0000 A-1 EXHIBIT B MAP [To come] B-1 EXHIBIT C DESCRIPTION OF PROPOSED INFRASTRUCTURE - Sanitary sewer improvements - Water utility improvements - Storm sewer, storm water management and retention improvements - Parking facilities - Sidewalks - Road, curbs and gutters - Street signalization, signage and lighting - Landscape improvements Estimated cost of Infrastructure $11,058,305 Includes all related architectural and engineering, c©ntingency, development fees. C-1 EXHIBIT D MEMORANDUM OF UNDERSTANDING [To come] D-1 ROANOKE COUNTY: At a regular meeting of the Board of Supervisors, held at the Roanoke County Administration Center on August 10„ 2010 at 7:00 p:m. On motion of , seconded by ,the Board adopted the following ordinance: AN ORDINANCE CREATING THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY BE IT ORDAINED by the Board of Supervisors of Roanoke County: WHEREAS, the Board of Supervisors of Roanoke County, Virginia (the "Board"), has received a petition (the "Petition") from McNeil Properties LLC, Woodcliff Investments LLC, DNAL Holdings III, LLC, M&H Holdings Inc., Slate Hill I LLC and Slate Hill II, LLC (collectively, the "Petitioners") for the creation of the South Peak Community Development Authority (the "CDA"), and the Petitioners have represented that they own all of the land within the proposed CDA district; and WHEREAS, a public hearing has been held on August 10, 2010 by the Board on the adoption of this Ordinance and notice has been duly provided as set forth in § 15.2-1427 of the Code of Virginia of 1950, as amended, and § 15.2-5156 of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, Code of Virginia of 1950, as amended (the "Act"); and WHEREAS, the Board proposes to create the CDA in order to provide the infrastructure improvements, facilities and services described in the Petition; and WHEREAS, the creation of the CDA to assist in financing the infrastructure, improvements and services in connection with the development of the land into amixed-used development proposed to include commercial, retail and residential components known as South Peak (the "Project") will benefit the citizens of the County by promoting increased employment opportunities, strengthening the economic base and increasing tax revenues, and will meet the increased demands placed on the County as a result of the development or redevelopment within or affecting the Project; and WHEREAS, the Petitioners have waived in writing the right to withdraw their signatures from the Petition in accordance with ~ 15.2-5156 of the Act. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: Section 1. Creation of Authority. The South Peak Community Development Authority is hereby created as a political subdivision in accordance with the applicable provisions of the Act. The CDA shall have the powers set forth in the Act. Section 2. Boundaries of the CDA. The CDA boundaries shall initially include the property containing approximately 62.5 acres, more or less, identified in Exhibit A, attached hereto and presented to the Board of Supervisors (the "CDA District"). In accordance with § 15.2-5157 of the Act, a copy of this Ordinance shall be recorded in the land records of the Circuit Court of Roanoke County for each tax map parcel within the CDA District as such CDA District exists at the time of issuance of the CDA's bonds (the "Bonds") and the CDA District shall be noted on the land records of the County. The County may adjust the boundaries of the CDA District to release or exclude land from the CDA District before or after the issuance of the Bonds so long as the owners of at least fifty-one (51) percent of the land area or assessed value of land remaining in the CDA District after adjustment petitioned for the creation of the CDA. In addition, the CDA may release and exclude from the CDA District parcels of land with respect to which all special assessments have been paid or prepaid. Section 3. Facilities and Services. The CDA is created for the purpose of exercising the powers set forth in the Act, including acquiring, financing, constructing and developing, and owning and maintaining, if necessary, certain infrastructure improvements, facilities and services in connection with the development of the Project as described in the Petition and the Articles of Incorporation described below. The CDA shall not provide services which are provided by, or obligated to be provided by, any authority already in existence pursuant to the Act unless such authority provides the certification required by § 15.2-5155 of the Act. Section 4. Articles of Incorporation. Attached hereto as Exhibit B and presented to the Board of Supervisors at the time of the adoption of this Ordinance are the proposed Articles of Incorporation of the CDA. The County Administrator is authorized and directed to execute and file such Articles of Incorporation on behalf of the Board with the State Corporation Commission in substantially the form attached as Exhibit B with such changes, including insubstantial changes to the boundary description of the CDA District described therein, as the County Administrator may approve. The County Administrator is authorized to approve such other changes or corrections to the Articles of Incorporation prior to filing with the State Corporation Commission as do not change the purpose or function of the CDA as set forth in this Ordinance and in the Petition. Section 5. Capital Cost Estimates. The Board hereby finds, in accordance with § 15,2- 5103 (B) of the Act, that it is impracticable to include capital cost estimates, project proposals, and project service rates, except as summarized in the Petition. Section 6. Membership of the Authority. (a) The powers of the CDA shall be exercised by an authority board consisting of five (5) members. (b) All members of the CDA board shall be appointed by the Board in accordance with the provisions of § 15.2-5113 of the Act. (c) The initial members of the CDA board shall be as set forth in the Articles of Incorporation for the terms set forth therein. (d) Each CDA board merrlber shall receive such compensation for his or her services as a CDA board member as may be authorized from time to time by resolution of the CDA board, provided that no member shall receive compensation in excess of $300 per meeting attended unless authorized by resolution of the Board. Section 7. Plan of Finance; Memorandum of Understanding; Issuance of Bonds; Dissolution. (a) The infrastructure improvements, facilities, services and operations to be undertaken by the CDA as described herein and in the Petition shall be funded from all or some of the following sources: (i) bonds to be issued by the CDA; (ii) special assessments to be levied pursuant to ~ 15.2-5158(A)(5) of the Act, (iii) contributions made by the County of certain incremental tax revenues generated within the CDA District as more particularly described in the Petition and the Memorandum of Understanding, attached hereto as Exhibit C, to be entered into by County and the Petitioners of the Project and (iv) any other source of funding available to the CDA including rates, fees and charges to be levied by the CDA for the services and facilities provided or funded by the CDA and any other appropriations, grants, contributions or financial assistance that the CDA receives from other governmental entities. (b) The County Administrator is authorized and directed to execute and deliver the Memorandum of Understanding in substantially the form attached as Exhibit C with such changes consistent with the tenor and intent of the Petition and this Ordinance as the County Administrator may approve. (c) The Bonds to be issued by the CDA will not exceed a maximum aggregate amount of $16,000,000, and will have a final maturity not later than twenty (20) years from the year in which the Bonds are issued. The proceeds from the sale of Bonds will be used to pay the costs of the infrastructure improvements, facilities and services as described herein and in the Petition, the costs of issuing the Bonds, any required reserves and the interest on the Bonds for a period of up to thirty-six (36) months after the issuance of the Bonds. (d) Any bonds issued by the CDA or any other financing arrangements entered into by the CDA will be debt of the CDA, will not be a debt or other obligation of the County and will not constitute a pledge of the faith and credit of the County. (e) In the event the Bonds or any portion thereof are not issued within three (3) years from the date of adoption of this Ordinance, the CDA will be dissolved in accordance with the provisions of § 15.2-5109 of the Act. (fj Adoption by the Board of this Ordinance does not constitute approval of the issuance of any bonds or similar debt obligations by the CDA. Section 8. Recordation of Ordinance. In accordance with § 15.2-5157 of the Act, the Board hereby directs the Clerk of the Circuit Court of the County to record a copy of this Ordinance in its land records for each tax map parcel included in the CDA District and to note the existence of the CDA District on the land records of the County. This Ordinance shall take effect immediately. Ayes: Nayes: Certified by: Becky R. Meador, Clerk to the Board of Supervisors MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (this "Memorandum") is made as of this day of , 2010, by and between the COUNTY OF ROANOKE, VIRGINIA (the "County"), and SLATE HILL I LLC, a Virginia limited liability company, or its successor or assigns, as petitioner on behalf of itself and the other petitioners executing the Petition (hereinafter defined) and as developer (the "Petitioner"). WITNESSETH WHEREAS, the Petitioner is the owner of certain real property located in the County and more particularly shown on Exhibit A attached hereto and incorporated herein by this reference (collectively, the "Property"); and WHEREAS, the Petitioner has filed with the Board of Supervisors of the County (the "Board of Supervisors") a petition (the "Petition") pursuant to Sections 15.2-5152 et seq. of the Code of Virginia of 1950, as amended (the "Virginia Code") and County Resolution 092308-1 adopting policy guidelines for approval of the creation of a community development authority (the "County CDA Policy"), requesting the Board of Supervisors to create the South Peak Community Development Authority (the "CDA") to assist in the development of certain infrastructure improvements as described in the Petition and on Exhibit B hereto (the "Improvements") in conjunction with the development of the Property as a mixed-use project consisting of commercial, retail and residential components (the "Project"); and WHEREAS, in connection with the Board of Supervisors' consideration of the Petition and its proposed adoption of the ordinance attached hereto as Exhibit D (the "Ordinance") creating the CDA and designating the CDA District (as described in the Ordinance), the parties wish to set forth several understandings in this Memorandum with respect to the CDA and its plan of finance in this Memorandum: NOW, THEREFORE, in consideration of the foregoing, the parties set forth the following agreements and understandings: 1. Issuance of Bonds. The parties propose that the CDA will issue bonds (the "Bonds") pursuant to Virginia Code Sections 15.2-5158(A)(2) and 15.2-5125, under an Indenture of Trust (the "Indenture") between the CDA and a trustee (the "Trustee") in one or more series in an aggregate principal amount sufficient to pay the costs of Improvements equal to $11,058,305 plus amounts sufficient to pay capitalized interest for a period ending on the earlier of approximately one year following completion of construction of the Improvements or three years following the issuance of the Bonds (the "Capitalized Interest Period"), the costs of funding required reserves, the costs of issuing the Bonds (including, but not limited to, attorneys' fees, underwriter fees, engineering fees and appraisal fees) and any additional administrative costs to be incurred by the County in connection with the administration and operation of the CDA, subject in all respects to an aggregate maximum principal amount of $16,000,000, The Bonds shall have a term of no longer than twenty (20) years from the year in which the Bonds are issued, inclusive of the capitalized interest period, and may be issued either on atax-exempt basis, a taxable basis or a combination thereof. In the event the Bonds are not issued within three (3) years from the date the Ordinance is adopted, the CDA will be deemed to be dissolved without further action by the Board of Supervisors. The CDA will not issue any Bonds without first receiving the Board of Supervisors' consent to do so. 2. Development , of Improvements; Undertaking of the Project. (a) The Improvements to be financed in whole or in part with the proceeds of the Bonds provided by the Petitioner, consist of various infrastructure more particularly described in the Petition and in Exhibit B hereto. Amounts not needed for any portion of the Improvements shown on Exhibit B may be reallocated first to other Improvements shown on Exhibit B and then to such associated improvements as may be approved by the CDA and the County. The CDA, or the Petitioner (or its designee), on behalf of the CDA, will enter into contracts for the acquisition, design, construction, project management and development of the Improvements. No such contract will obligate the CDA to make any payments other than from proceeds of the Bonds to be disbursed in accordance with requisitions that have been approved in accordance with the provisions of a development agreement (the "Development Agreement") among the CDA, the County and the Petitioner or from other moneys provided to the CDA for such purpose. If the proceeds of the Bonds are insufficient to pay the costs of completing the Improvements, the Petitioner will pay the costs to complete the Improvements. (b) The Petitioner agrees to use commercially reasonable efforts to undertake the Project, subject to market conditions as they may from time to time exist. The Petitioner's undertaking of the Project will be in phases and the Petitioner anticipates that the Project will include the following: (i) a 90-unit Hilton Garden Inn or hotel of comparable quality and size (Phase I); (11) approximately 38,000 square feet of Class A office space (Phase I); (111) a residential condominium project consisting of approximately 120 units (Phase I and II); (iv) approximately 23,000 square feet of restaurant space that consists of restaurants of comparable quality to Cheesecake Factory, P. F. Chang's, Legal Seafood or other similar restaurants reasonably acceptable to the County (Phase I and II); and (v) approximately 100,000 square feet of retail space (Phase II). (c) The Petitioner agrees that the retail space and restaurant space described in paragraph 2(b)(iv) and (v) above shall consist of businesses that (A) are not currently operating in Roanoke County unless any such business either (I) is locating an additional restaurant or retail operation to that already operating in Roanoke County or (II) the business is relocating and increasing its gross floor area by 10% or (B) are approved by the Board of Supervisors. (d) In undertaking the Project pursuant to paragraph 2(b) above, the Petitioner agrees that it will use its best efforts to complete the Project in accordance with the schedule shown on Exhibit C hereto, subj ect to market conditions as they may from time to time exist. 2 3. Submission of Information. Before the issuance of the Bonds, the Petitioner or the CDA, as appropriate, will submit to the County Administrator an offering memorandum or other disclosure document to be used in connection with the sale of the Bonds and such other information with respect to the CDA's finances and the issuance of the Bonds as the County Administrator may reasonably request. Such documents will be furnished to the County solely for informational purposes and receipt of any such document does not constitute approval of any such document by the County or any person not submitting such documents. 4. Revenue Sources for Payment of the Bonds. Debt service on the Bonds and -~ other expenses of the CDA payable in any calendar year shall be paid first from Incremental Tax Revenues available for such purpose; if such revenues are insufficient for such purpose, then second, from available revenues in the Surplus Fund; and then third, from revenues derived from Special Assessments (as hereinafter defined). For purposes of this section 4 and subject to the condition set forth in subparagraph 4(a)(ii)(C) below, the phrase "available for such purpose" shall mean such Incremental Tax Revenues collected by the County and without regard to whether the Board of Supervisors has appropriated any such Incremental Tax Revenues to the CDA. (a) Incremental Tax Revenues. (i) The County hereby agrees to pay to, or on behalf of, the CDA amounts equal to certain Incremental Tax Revenues, determined as set forth below, each year as long as any Bonds are outstanding. The County Administrator or other officer responsible for proposing the County's budget to the Board of Supervisors shall propose payments to the CDA to be derived from such Incremental Tax Revenues in the County's budget for each fiscal year any Bonds are outstanding. (11) (A) During the period beginning on the date the Bonds are issued and ending on the date that is one (1) year after the final use permit for the Project is issued, but in no event later than six (6) years following the issuance of the Bonds (such date defined herein as "Stabilization"), all Incremental Tax Revenues, less such amounts as may be deducted by the County to pay administrative expenses, shall be paid, subject to subparagraph (iv) below, semi- annually bythe County to the Trustee, as assignee of the CDA, in an amount equal to one-half of the Incremental Tax Revenues for the prior calendar year on each June 1st and December 1st beginning on the June 1st immediately following the issuance of the Bonds (or such later date as the Petitioner may direct). Following Stabilization, the County will pay to the Trustee Incremental Tax Revenues, subject to subparagraph (iv) below, semi-annually on each June 1st and December 1st, in an amount equal to one-half of the lesser of (1) the amount needed to pay the Annual Installment (as defined in paragraph 4(b) below) in the current calendar year or (2) Incremental Tax Revenues collected in the prior calendar year. (B) The payments to the Trustee on behalf of the CDA of Incremental Tax Revenues shall be used by the Trustee, at the direction of the CDA, on asemi-annual basis to pay, in whole or in part as the case may be, the Annual Installment for that particular calendar year attributable to the Bonds and, until Stabilization, to fund the Surplus Fund. (C) The County's agreement to pay Incremental Tax Revenues to the Trustee is contingent upon compliance by the Petitioner with the covenants contained in paragraphs 2(b) and (c) above. 3 (111) Notwithstanding anything to the contrary in this Memorandum, the County shall make each such payment of amounts equal to the Incremental Tax Revenues only to the extent it has collected Incremental Tax Revenues. (iv) The County's obligation to make payments to the CDA of Incremental Tax Revenues shall not be deemed to be a general obligation of the County and shall be subject to and dependent on appropriations being made from time to time by the Board of Supervisors for such purpose. (v) Incremental Tax Revenues shall equal the sum of seventy (70) percent (%) of (I} the County's regular ad valorem real property tax revenues collected each calendar year by the County within the CDA District (including payments of any "roll back" taxes) which exceed the ad valorem real property tax revenues levied by the County within the CDA District during calendar year 2010 which base amount is $ , (II) the County's personal property tax revenues collected each calendar year by the County within the CDA District, (III} the County's transient occupancy tax revenues collected each calendar year by the County within the CDA District, but not including any portion of such tax required to be used for tourism and tourism- related services, (IV) the County's portion of the retail sales and use tax revenues collected in each calendar year by the County from retail and other establishments located within the CDA District and subject to such retail sales and use tax, (V) the County's BPOL tax revenues collected each calendar year by the County from businesses located within the CDA District and (VI}the County's meals tax revenues collected each year by the County from restaurants and other establishments located within the CDA District and subj ect to such meals tax. (vi) If, in any calendar year up to and including the year in which Stabilization occurs, the Incremental Tax Revenues available to the CDA pursuant to the provisions of this section 4 exceed the amount necessary to pay the Annual Installment for such calendar year, such excess shall be deemed a "Surplus." Any Surplus shall be deposited by the County in an account (the "Surplus Fund") to be established with the Trustee under the Indenture and shall be used in the event Incremental Tax Revenues are less than amounts needed to pay the Annual Installment due in such period. If any portion of the Annual Installment for a given calendar year, up to and including the year in which Stabilization occurs, was collected by the County from the Petitioner's payment of Special Assessments, the Surplus shall be used to reimburse the Petitioner for that portion of the Annual Installment that was actually collected by the County. Following Stabilization, and after the application, if any, of Surplus as described above, any amounts remaining in the Surplus Fund shall be paid to the County and all Surplus generated thereafter shall remain with the County. (b) Special Assessment. (i) Request for Collection -- Not later than February 15 of each year, commencing in the calendar year following the issuance of the Bonds, the County agrees that the CDA will furnish the annual report described in paragraph 5(c) to the County and requesting the County to collect annual installments (the "Annual Installment"} of a special assessment (the "Special Assessment") within the CDA District pursuant to Virginia Code Section 15.2-5158(A}(5) in an amount to be determined in accordance with the Rate and Method of Apportionment of Special Assessment attached hereto as Exhibit E (the "Rate and Method"), which amount may be zero with respect to one or more Parcels (as defined in the Rate and Method). The Special Assessment shall be in an amount equal to debt service on the Bonds, 4 administrative expenses of the County in connection with the levy and collection of the Special Assessment and the performance of its obligations hereunder, less other amounts available for the payment of such debt service and expenses including, in particular, amounts on deposit to pay capitalized interest during the first three years following the issuance of the Bonds (the "Assessment Amount"). The Annual Installment shall be equal to the Assessment Amount due In any calendar year. (11) County's Agreement with respect to Assessment; Assignment -- The County Administrator or other officer responsible for proposing the County's budget to the Board of Supervisors shall propose payments to the CDA to be derived from such Annual Installment in the County's budget for each fiscal year any Bonds are outstanding; provided, however, any collection and payment of the Annual Installment from revenues derived from Special Assessments shall be made only to the extent that Incremental Tax Revenues are not available for such purpose as set forth pursuant to this Memorandum. The County agrees that so long as the Bonds are outstanding that the County will collect the Annual Installment and pay the amounts received thereunder to the CDA, subject to appropriation each year by the Board of Supervisors. To the extent permitted by law, the County pledges and assigns all of its right, title and interest in the Annual Installment to the CDA (except amounts that may be retained by the County to pay administrative costs, as described in paragraph 4(c) below). The CDA, in turn, will pledge and assign all of its right, title and interest in the Annual Installment to the trustee for the Bonds (the "Trustee") or its successor who will use the moneys received, except for amounts segregated for approved administrative expenses, to make debt service payments on the Bonds and the County agrees to make all such payments directly to the Trustee for the Bonds. The Trustee will return any amounts segregated for approved administrative expenses of the CDA to the CDA. The Annual Installment assigned by the County includes any payments from foreclosures, less costs of collection, and excludes administrative fees for the cost of administration as described in paragraph 4(c) below. The CDA will have the right to retain a portion of the payments assigned by the County to pay the CDA's administrative expenses as approved by the County and such portion of the payments is not pledged or assigned to the Trustee for the Bonds. The County's obligation to make payments to the CDA of the Annual Installment shall not be deemed to be a general obligation of the County, shall be payable solely from payments of the Annual Installment received by the County and shall be subject to and dependent on appropriations being made from time to time of the Annual Installment by the Board of Supervisors for such purpose. (111) Landowners' Agreement with Respect to Assessment -- In accordance with Virginia Code Sections 15.2-5158(A)(5) and 15.2-2405, the parties will agree to the Special Assessment to be levied and apportioned in accordance with this Memorandum and the Rate and Method to be approved by the Petitioner and adopted by the Board of Supervisors and thereafter incorporated into the terms of this Memorandum as though set forth fully herein. Upon such incorporation, the Petitioner for itself and its successors and assigns will represent and agree that the Special Assessment, as apportioned pursuant to the Rate and Method, does not exceed the peculiar benefit to the assessed property resulting from the Improvements and is apportioned to property within the CDA District on a rational basis. 5 (iv) Billing and Collection of Annual Installment -- The County shall bill the Annual Installment, to the extent the CDA requests collection of the Annual Installment, in the same manner and at the same time as it bills its real estate taxes. The amount of the Annual Installment for each Parcel will be recorded in the County land records such that the public will have access to its existence. Penalties and interest on delinquent payments of the Annual Installment shall be charged as provided by law. To the extent practicable, the Annual Installment shall be included in a separate bill in the same envelope as the County's regular real estate tax bill, and shall be collected on the same dates as the County's real estate taxes. Payments of the Annual Installment collected by the County shall be segregated from all other funds of the County and may not be used for any other purpose by the County. (v) Collection of Delinquent Assessments -- The County's customary tax payment enforcement proceedings will apply to the collection of any delinquent payment of the Annual Installment. The County shall pursue the collection of delinquent payments with the same diligence it employs in the collection of the County's general ad valorem real estate taxes, including the commencement of tax foreclosure proceedings to the extent provided by the then- current statutes of the Commonwealth of Virginia. The County agrees that it will provide notice to the CDA of any legal proceedings to be instituted for the collection of delinquent payments of the Annual Installment. The parties understand and agree that the County's ordinary discretion in this regard allows it to decide not to expend resources to collect de minimis outstanding amounts; provided that the County will obtain the CDA's consent with respect to any such amounts in excess of $200. Any amounts on deposit in the Surplus Fund after the Bonds have been repaid in full, or provision for their repayment in full has been made, and any reimbursements to the Petitioner have been made as provided above, shall be paid to the County. (c) Administrative Costs. The County shall be entitled to reimbursement of its reasonable costs and expenses associated with the CDA, including the administration and collection of the revenues, whether Incremental Tax Revenues or Special Assessment revenues, payable to the CDA. Administrative expenses (not to exceed $25,000 each year when an Annual Installment is not collected and $50,000 in any year in which an Annual Installment is collected, may be deducted by the County in its remittance to the CDA or the Trustee for the Bonds; provided that any payments of administrative expenses during the Capitalized Interest Period may be paid from proceeds of the Bonds to the extent Incremental Tax Revenues collected by the County, including amounts in the Surplus Fund, are insufficient to pay such administrative expenses. In addition to the deduction for administrative expenses described above, the County shall be entitled to recover any additional administrative expenses and any costs incurred by the County in conjunction with any and all proceedings to collect the amounts payable to the CDA hereunder, including tax foreclosure, administrative and other proceedings as provided for and permitted by Virginia Code Section 15.1-3958. (d) Notice to Subsequent Landowners. The Petitioner will include in each sales contract and each deed for the conveyance of a fee simple interest in any portion of land within the CDA District that is subject to an outstanding Special Assessment a disclosure statement that includes a statement of the amount of the applicable portion of the Special Assessment and setting forth the name and address of the CDA's administrator or other location where 6 information regarding the CDA and the Special Assessment may be obtained. All such sales contracts and deeds shall also include a covenant that all subsequent deeds conveying any fee simple interest in land within the CDA District that is subject to an outstanding Special Assessment include such disclosure statement. The Petitioner agrees that it will notify the CDA and the CDA's administrator in writing, within ten (10) days after recordation of a deed of conveyance, of the sale of any land owned by the Petitioner indicating the tax map parcel number of the property sold and the purchaser of the property. 5. Additional Covenants. (a) The Petitioner and County agree that the Bonds will be sold by the CDA only in minimum denominations of $100,000 and $1,000 integral denominations in excess of $100,000. (b) The Petitioner agrees to assist the CDA in complying with the continuing disclosure requirements of Securities and Exchange Commission Rule 15c2-12 even if the Bonds are exempt from such Rule and will provide such information as the CDA may reasonably request in connection with such disclosure obligations. The County shall cooperate with the Petitioner and the CDA and shall endeavor to provide information with respect to the Special Assessment and Incremental Tax Revenues, as appropriate, reasonably requested by the CDA in connection with the CDA's disclosure obligations. The County's time and expenses in connection with the disclosure obligations set forth herein shall be considered Administrative Expenses of the type described in paragraph 4(c) above and the County shall be entitled to reimbursement for such expenses as provided in paragraph 4(c). (c) The Petitioner and the County agree that the CDA will engage a professional administrator to oversee its financial affairs and shall obtain an annual report of the CDA's finances from such administrator. Copies of such financial report and all other reports required by the Trustee for the Bonds and the owners of the Bonds shall be furnished to the County Administrator as soon as they are available to the CDA. The CDA will provide draft annual financial statements to the County prepared in accordance with generally accepted accounting principles. Unless otherwise approved by the County, the CDA's audited financial statements will be audited by the auditor engaged by the County to audit the County's financial statements. The fiscal year of the CDA shall be from July 1 through June 30. The CDA will pay all costs and expenses, including staff time and expenses incurred by the County, incurred in connection with the CDA's annual audit, and the County shall have no responsibility for such costs and expenses. (d) The Petitioner and the CDA agree that all improvements financed with proceeds of the Bonds will be owned by the CDA or other appropriate public entity. The Petitioner will convey all Improvements to the CDA, the County or other public entity, with the terms and conditions of such conveyances and acceptance to be set forth in detail in the Development Agreement. (e) The Petitioner agrees that the Improvements will be built in accordance with all applicable federal, state and local laws, rules and regulations and that the Improvements to be acquired by the County, if any, will be built in compliance with all applicable specifications of the County. 7 (~ The Petitioner agrees that the Board of Supervisors of the County shall have complete discretion in selecting and appointing members of the board of the CDA. Neither the Petitioner nor the CDA nor any other person shall have any right to circumscribe that discretion in any way. (g) The Petitioner agrees to use its best efforts to provide or cause to be provided to the CDA's administrator such information as the CDA's administrator may need to determine Incremental Tax Revenues. The Petitioner agrees to include provisions in any lease or sale of property in the CDA District requiring the tenant or purchaser, as the case may be, to provide such information to the CDA's administrator as maybe necessary to determine Incremental Tax Revenues with respect to such tenant's or purchaser's property. The Petitioner waives any rights to confidentiality that may exist as to the payment of sales tax revenues and transient occupancy tax revenues and agrees that such information may be provided to the CDA's administrator by the Commissioner of the Revenue but only to the extent necessary to determine Incremental Tax Revenues. (h) The County shall be indemnified and held harmless by the Petitioner for any claims, demands or losses, or for any claims against or damages made or suffered by the County, arising from any act or negligence of the Petitioner in connection with its obligations under this Agreement and the construction and conveyance of the Improvements, excepting such as may arise through or be caused by the willful misconduct or negligence of the County or any of the County's employees or as may arise out of the County's exercise of its legislative discretion, whether lawful or unlawful. The Petitioner agrees that the indemnifications and protections afforded the County in this subsection shall survive the termination of this Agreement. Further, the Petitioner agrees that references in this subsection to the County shall be deemed to include the County's supervisors, officers, employees and agents. (i) The Petitioner agrees that it or its assignee (including a property owners association formed with respect to the Project) shall undertake responsibility for the maintenance and operation of the Improvements. The Petitioner further agrees that the costs of such maintenance and operation shall be borne by it (or its assignee) and the Special Assessment may be sized in amount necessary to pay for such maintenance costs to the extent the Petitioner (or its assignee) does not make adequate provision for the payment of such costs. 6. Approved Budget; and Notice of Appropriation. The County shall furnish to the Petitioner, the CDA and the Trustee for the Bonds as soon as available a copy of the approved budget of the County for the next succeeding fiscal year of the County. The County Administrator shall deliver to the CDA and to the Trustee for the Bonds within 10 days after the beginning of each of the County's fiscal years a written notice specifying the amounts appropriated by the Board of Supervisors to the CDA during such fiscal year. The County agrees to notify the Trustee for the Bonds in the event the Board of Supervisors fails to appropriate any amounts payable hereunder by the County. 7. Prerequisites to Issuance of Bonds. The Petitioner acknowledges and agrees that the creation of the CDA and the issuance of the Bonds will be subject to the terms of the County CDA Policy including that the Bonds will not be issued by the CDA without prior approval of the Board of Supervisors. The Petitioner and County agree that the CDA will not 8 issue Bonds until the Petitioner has satisfied the prerequisites set forth in this paragraph. The Petitioner agrees that it will provide the following to the County in form and substance reasonably satisfactory to the County before the issuance of the Bonds: (a) such information and assurances as are necessary to complete the disclosure documents prepared in connection with the sale of the Bonds; and (b) confirmation that the Project complies with all applicable zoning requirements; (c) such engineering and other reports regarding the Improvements and the Project as the County shall reasonably require. 8. Approval by County. Any approval or consent required of the County under this Memorandum may be given by the County Administrator or such officer's designee unless action by the Board of Supervisors is expressly required. 9. Successors and Assigns. This Memorandum shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. For purposes of this Agreement, "successors and assigns" of the Petitioner shall mean only those persons or entities who are permitted successors and assigns of the Petitioner under the provisions of an instrument and who either succeed to the interest of the Petitioner under this Agreement by express written assignment and assumption or who are successors by operation of law to the organizational existence of the Petitioners as an entity (e.g., the surviving entity in a merger between the Petitioner and another entity). 10. Amendments. This Memorandum may be amended only in writing signed by each of the parties hereto or their successors and assigns. 11. Term. This Memorandum shall be in full force and effect until all Bonds have been paid or deemed no longer outstanding under the Indenture or three years from the adoption of the ordinance creating the CDA if not Bonds have been issued. 12. Severabili If any clause, provision or section of this Memorandum is held to be illegal or invalid by any court, the invalidity of the clause, provision or section shall not affect any of the remaining clauses, provisions or sections, and this Memorandum shall be construed and enforced as if the illegal or invalid clause, provision or section had not been contained init. 13. Counterpa=. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute but one and the same instrument. 14. Recitals. The recitals set forth at the beginning of this Memorandum are incorporated into and made a part of this Memorandum as though they were fully set forth in this Section 14 and constitute representations and understandings of the parties hereto. 15. Governing Law and Venue. This Memorandum shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law rules. 9 16. Notices. Any notice, request or other deliveries required to be given hereunder shall be deemed given if sent by registered or certified mail, or overnight delivery service, postage prepaid, addressed to the following addresses: County: CDA: Petitioner: Any party may designate any other addresses for notices or requests or other deliveries by giving notice under this Section 16. 10 WITNESS the following signatures. COUNTY OF ROANOKE, VIRGINIA By~ Title: County Administrator SLATE HILL I LLC, as Petitioner, on behalf of itself and the other petitioners executing the Petition By: James R. Smith Title: Member 11 Exhibit A CDA Property A- Exhibit B Improvements - Sanitary sewer improvements - Water utility improvements - Storm sewer, storm water management and retention improvements - Parking facilities - Sidewalks - Road, curbs and gutters - Street signalization, signage and lighting - Landscape improvements Estimated cost of Infrastructure $11,058,305 Includes all related architectural and engineering, contingency, development fees. 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N ~~' 0 U ''~' O O O O O O O O N O O O O O O O O O O O N a ~ f9 ~ O O O O O O O N N N N N N N N N N N N N ~ ~ m m m m m m m m m m m m m ._ ~ E N , ~ ~ V 0 C o +.- ~~ o 0 0 0 0 0 o m o 0 0 0 0 0 0 0 0 0 0 o m O O O O O N N N N N N N N N N N N N N N > > m m m m m m m m m m m m m m m ~~ ~ .- ~ ~+ E u -o c ~~ o 0 0 0 o m o 0 0 0 0 0 0 0 0 0 0 0 0 o m ~ +~ ~ N N N N N N N N N N N N N N N N N ~ O O O m m m m m m m m m m m m m m m m m '~ E ~ ,_ ,~ ~ U 0 ~ ~ ~ ~ o 0 o m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m a, E u ~ ~ f~ ~ ~ ~ ~ o~+Nm~u~~o~oorno ri N m 'd'' I!) t0 I~ 00 Ol e-I rl ri ri c-I c-I c-I c-I c-I ri N L a o a~ -o c w ~, m +~ H N U Exhibit D Ordinance D-1 Exhibit E Rate and Method of Apportionment of Special Assessment 6042.000002 EMF US 30465663v6 E-1 P ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 2010 RESOLUTION 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 2.2-3112 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted inconformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, thatthe Board ofSupervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public businessmatters lawfullyexemptedfromopen meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Onlysuch publicbusinessmattersaswere identified inthemotion conveningthe closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. ACTION N0. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 2010 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Marie M. Ham for her service with the Neighborhood Watch Program SUBMITTED BY: Becky R. Meador Clerk to the Board APPROVED BY: 6. Clayton Goodman II County Administrator COUNTY ADMINISTRATOR'SOOMMENTS: SUMMARYOF INFORMATION: Mrs. Marie Ham organized the Mount Pleasant Neighborhood Watch group in 1985 and has remained the coordinator since its inception. For the past twenty-five years, she has also hosted the County's largest National Night Out event, which is a countrywide event designed to demonstrate that crime will not rule the day or night. This time has been setaside to recognize Mrs. Ham for herdedication and commitmentto the safety of her community and the citizens of Roanoke County. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 2010 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO MARIE M. HAM FOR HER SERVICE WITH THE NEIGHBORHOOD WATCH PROGRAM WHEREAS, in 1985 a rash of burglaries in the Mount Pleasant area of Roanoke County prompted Marie M. Ham to take action to protect her beloved community; and WHEREAS, with the assistance of Officer Gerald Holt, Mrs. Ham organized the Mount Pleasant community's first Neighborhood Watch group; and WHEREAS, based on information provided by the group, within weeks the subjects were located and apprehended; and WHEREAS, for the past twenty-five years Mrs. Ham has continued to be the coordinator and point of contact forthe Mount Pleasant Neighborhood Watch group; and WHEREAS, since the inception, Mrs. Ham annually hosts Roanoke County's largest National Night Out gathering, which is a countrywide event designed to demonstrate that crime will not rule the day or night; and WHEREAS, each year Mrs. Ham assures the event is a "going away party for crime and drugs" with a festival feel, hosting bluegrass musicians, guest speakers, small-scale Civil War re-enac~rments and educational and informational activities. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere appreciation to MARIE M. HAM for her many years of commitment and devotion to the safety and well being of our community and its citizens; and Page 1 of 2 BE IT FURTHER RESOLVED, thatthe Board of Supervisors extends its bestwishes to her in her future endeavors. Page 2 of 2 ACTION NO. ITEM NO. ~°` ~ f~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: July 27, 2010 Adoption of an amendment to the policy for the use of the Roanoke County Administration Center Board of Supervisors meeting room Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for a public hearing on the proposed amendments to the policy for the use of the Roanoke County Administration Center Board of Supervisors meeting room. The Board has held numerous work sessions on these proposed amendments. Staff believes that the attached policy reflects the consensus of the Board on these amendments. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of an amended policy for the use of the Roanoke County Administration Center Board of Supervisors meeting room. ROANOKE COUNTY BOARD OF SUPERVISORS MEETING ROOM RENTAL AND USE POLICY 7127/2010 Draft Roanoke County Administration Center (RCAC) 5204 Bernard Drive, Roanoke, VA 24018 P. 0. Box 29800, Roanoke, VA 24018-0798 Telephone: 540-772-2005 Fax: 540-772-2193 E-mail: bos@roanokecountyva.gov 1. Permitted Uses (in order of priority) and Fee Schedule: A. Board of Supervisors of Roanoke County -No Fee B. Roanoke County: departments, employees conducting County business, agencies, committees and commissions (application required) -No Fee C. State and Federal Government: officials and agencies -No Fee D. Non-governmental: civic, cultural, political, homeowner's associations and religious and educational groups (application required) -No Fee E. If any non-governmental use extends beyond 10:00 p.m., an additional per hour fee will be charged. -$50/hour 2. Prohibited Uses: A. Commercial uses B. Fund-raising uses 3. No smoking, tobacco products, alcoholic beverages, drinks or food are allowed. Non-governmental users shall be required to clean the room after use and to deposit all trash in the outside dumpster. 4. No fires, flames, or burning of any material is permitted in the meeting room. 5. Animals are not permitted in the meeting room, with the exception of guide or companion animals. 6. Permission to use a specific area does not give the user the right to any other areas in the building. User assumes responsibility for seeing that participants in the rental are properly supervised. Children attending meetings with adults must have adult supervision at all times. Thermostats are preset and are not to be changed. Fire exits are clearly marked. The County reserves the right to refuse the use of said facilities to any user who does not comply with the above regulations. 7. Groups are not to charge admission or ask for donations at any meeting. 8. If required per above, an Application for Use must be completed as soon as possible prior to the date of the event. Approval will be via letter or email. 9. Applications can be obtained bycontacting the Clerktothe Board of Supervisorsat 772-2005 or bos@roanokecountyva.gov. 10. No organization outside of the Roanoke Countygovernmentmay usethe name or address of the RCAC as its official address or headquarters. 11. Organizations holding meetings assume responsibility for any damage tothe room or contents. The room must be left in a neat and orderly condition. If additional cleanup is required, the organization will be notified and charged for this service. The organization will indemnify and hold harmless Roanoke County from any and all claims for damages or injuries arising out of the use of the Board Meeting Room. 12. NO ONE will be permitted to be in the designated area of the Board of Supervisors dais; or beyond the podium. (NO EXCEPTIONS). Absolutely no attachments to the walls. 13. No additional furniture or equipment other than that situated in the Board Meeting Room is to be used withoutapproval. The room isto be used forcongregational seating only. The maximum room capacity is 105. The off-duty County police officer is responsible forenforcing this maximum capacity limit. 14. Use of other equipment is considered a special request and permission must be granted in advance. 15. Deposit/Security User Fees: A. If anon-governmental event (1. D) is held before or after the normal business hours of 8:00 a.m. to 5:00 p.m., custodial services will be arranged for and paid to Roanoke County at the rate of 20.00/hour. B. A user fee of $25.00/hour (2 hour minimum) will be required to pay for an off- duty County police officer attending the meeting. C. Payments shall be made payable to Roanoke County and remitted to the Clerk to the Board of Supervisors. 16. The person requesting use of the Board Meeting Room assumes the responsibility for adherence to the Rental and Use Policy for the Board Meeting Room. The responsible person, ora person specificallydesignated,shall be presentatalltimes during use of the room. 17. These rules are subject to change by the Roanoke County Board of Supervisors. The County Administrator is authorized by the Board to develop rules and regulations concerning the use, scheduling and operation of the Board Meeting Page2of3 Room. 18. SPECIAL NOTE: The Roanoke County Board of Supervisors reserves the right to alter or amend any previously approved or scheduled use of the Board Meeting Room for governmental purposes. 19. Dueto limited parking atthe RCAC, use of the Board Meeting Room may be denied based on the parking requirements of the requesting organization. 20. An application must be completed when a County employee is requesting use of the room fora professional organization and custodial charges may be assessed if the meeting is held after normal business hours. II. Roanoke County Board of Supervisors Rental and Use Policy for other RCAC MeetinglTraining Rooms (located on the 4t" Floor of the RCAC 1. Permitted Uses (in order of priority) and Fee Schedule A. Board of Supervisors -No Fee B. Roanoke County: Departments may be scheduled using -No Fee GroupWise or by contacting the Executive Secretary for the County Administrator at 540-772-2004 or tcochran ~ roanokecountyva.c~ov C. Agencies, committees, and commissions -No Fee (application required) D. Joint training sessions with other local governments, -No Fee State, and federal agencies. (application required) E. State and Federal government agencies which may -No Fee conduct events or hearings that serve Roanoke County residents. (application required) 2. No other uses are permitted. 3. An application will be required of all except the Board of Supervisors. 4. Applications can be obtained by contacting the Executive Secretary for the County Administrator at: Executive Secretary County Administrator's Office 5204 Bernard Drive, P. 0. Box 29800 Roanoke, VA 24018-0798 Phone: 540-772-2004 5. No organization outside of the Roanoke County government may use the name or address of the RCAC as its official address or headquarters. Page 3 of 3 ACTION NUMBER ITEM NUMBER `~/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 2010 AGENDA ITEM: Resolution approving the allocation of Revenue Sharing Funds for fiscal year 2010-2011 SUBMITTED BY: Philip Thompson Deputy Director of Planning APPROVED BY: B. Clayton Goodman III County Administrator ~;~ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Transportation's (VDOT) Revenue Sharing Program annually provides Roanoke County the opportunity to receive State matching funds for the construction and improvement to primary and secondary roads in the State's highway system. For the past few years, the Commonwealth of Virginia provided $50 million for this matching program, however only $15 million will be available for fiscal year 2010-2011. Currently the maximum state participation is $1 million per locality. The attached Revenue Sharing Priority List includes eight projects that would entail $500,600 in County funds and $500,000 in State matching funds. County and VDOT staff continuously review and evaluate street and drainage improvement projects throughout the year for possible inclusion in the Revenue Sharing program. In deciding which projects to include in this year's program, County and VDOT staff considered the following criteria: traffic counts, vehicular and pedestrian safety, existing and future development in the adjacent area, existing pavement width, overall pavement condition, drainage, roadway geometrics and the economic benefits of the project. Application for Revenue Sharing program funding must be made by resolution of the governing body. Project funding is allocated by the Commonwealth Transportation Board. Construction may be accomplished by the County or by VDOT. Page 1 of 2 FISCAL I M PACT $500,000 was budgeted for VDOT revenue sharing in the 2010-2011 budget (account 102462). The remaining $600 will come from the department's operating budget. No appropriation is required. ALTERNATIVES: 1. Adopt the resolution approving the allocation of Revenue Sharing funds for Fiscal Year 2010-2011. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 2 of 2 O ~ ~ w ~ 0 ~ ~ ~ C7 W ~ ~ Q 0 ~ ~ Q ~ x ~~ w ~ oz z o~ ~-' r--a z, ~ O W Q W ~0J H ~ ~ ~ ~ 0 ~, .. 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NOW, THEREFORE, BE IT RESOLVED that Roanoke County Board of Supervisors hereby approves the Revenue Sharing Project list for fiscal year 2010-2011 and supports this application for an allocation of $500,600 through the Virginia Department of Transportation Revenue Sharing Program. AND BE IT FURTHER RESOLVED that the County Administrator is authorized to sign the Letter of Intent and appropriate funds ($500,600) for the fiscal year 2010- 2011 Revenue Sharing projects. ACTION N0. ITEM NO. ~ I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELDATTHE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: July 27, 2010 Ordinance authorizing the vacation of an unimproved right-of- wayshown as Rockingham Boulevard identified on the Map of Rockingham Courtin Plat Book 2, page 84, Vinton Magisterial District Philip Thompson Deputy Director of Planning B. Clayton Goodman III County Administratord~~d--~ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Charlie M. Donahue and Eva W. Doss, both residents of Roanoke County, have requested the vacation of right-of-way shown as Rockingham Boulevard (Route 731) on the map of Rockingham Courtthat was dedicated by the plat of record in Plat Book 2, page 84 to the Board of Supervisors of Roanoke County (May 8, 1931). The right-of-way is located between Yellow Mountain Road (Route 668) and Lewis Road (Route 776) adjacent to the two parcels owned by the petitioners (see attached map). The portion of Rockingham Boulevard that is proposed to be vacated is a "paper street" and it has not been improved. The petitioners desire to use their portion of the aforementioned right-of-away for improvements to their property. Once this right-of-way is vacated, the property will be divided between and combined with Tract E, Tax Map # 89.03-04-15 and Lot 2, Tax Map # 89.03-04-14.00, as provided in Section 15.2-2274 of the Code of Virginia (1950, as amended). The reason the property owners on the north side of Rockingham Boulevard are receiving the right-of-way is because under Section 15.2-2274 it states "If any street, alley or easement for public passage is located on the periphery of the plat, the title for the entire width thereof shall vest in the abutting lot owners". There are no adjoining landowners or other persons that will be affected by this action. Page 1 of 2 County Departments and local utility companies were contacted concerning the vacation. Utility companies contacted had no objection to the paper street being vacated. The Board approved the first reading on the proposed vacation on July 13, 2010. FISCAL IMPACT: The costand expenses associated with this action, including but not limited to publication, survey and recordation costs, shall be the responsibility of the petitioners. ALTERNATIVES: 1. Approve the second reading of an ordinance authorizing the vacation of unimproved right-of-way for Rockingham Boulevard. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends Alternative # 1. Page 2 of 2 ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD ATTHE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 2010 ORDINANCE AUTHORIZING THE VACATION OF AN UNIMPROVED RIGHT-OF-WAY SHOWN AS ROCKINGHAM BOULEVARD IN PLAT BOOK 2, PAGE 84, OF THE ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, SAID RIGHT-OF WAY LOCATED IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, the map of Rockingham Court recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, page 84, established a street designated as Rockingham Boulevard of variable width and connecting Yellow Mountain Road (Route 668) with Lewis Road (Route 776), located adjacent to Lot 2 (Tax # 89.03- 04-14.00) Plat Book 2, page 84; Tract E (Tax# 89.03-04-15.00) Plat Book 2, page 84; Lot 2 (Tax # 89.03-04-16.01) Plat Book 2, page 194; another Lot (Tax # 89.03-04-16.00) and a parcel of 2.94 acres (Tax # 89.03-04-17.00); and WHEREAS, the area designated and set aside for public use as Rockingham Boulevard on Plat Book 2, page 84 has never been improved or accepted into the Virginia State Secondary Road System; and WHEREAS, the property owners of Lot 2 (Tax # 89.03-04-14.00) and Tract E (Tax # 89.03-04-15.00) 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, the above described Rockingham Boulevard is more clearly indicated as "Portion of Road To Be Combined W1Tax# 89.03-04-14.00" and "Portion of Road To Be Combined W/Tax # 89.03-04-15.00" on "PLAT SHOWING PORTION OF ROCKINGHAM BLVD. - TO BE VACATED BY BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA", dated 6-29-2010, 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 Rockingham Boulevard and that its current existence imposes an impedimentto the adjoining property owners making improvements to theirproperties adjoining this previously dedicated but unimproved street; and WHEREAS, the adjoining property owners and residents of Roanoke County, 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 "Rockingham Boulevard" on the plat of Rockingham Court, Plat Book 2, page 84, as now shown on the attached Exhibit "A"; and 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 July 13, 2010, and a second reading and public hearing of this ordinance was held on July 27, 2010. 2. That pursuant to the provisions of Sectian 16.01 of the Roanoke County Charter, the subject real estate (Rockingham Boulevard, a variable width street and Page 2 of 3 approximately 650 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, Rockingham Boulevard, being designated and shown as "Portion of Road To Be Combined WlTax # 89.03-04-14.00" and "Portion of Road to Be Combined VU/Tax # 89.03-04-15.00" on Exhibit "A" attached hereto, said street being located adjacent to Lot 2 (PB 2, page 84) and Tract E (PB 2, page 84), in the Vinton 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. 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). Page3of3