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HomeMy WebLinkAbout8/10/2010 - RegularRoanoke County Board of Supervisors Agenda August 10, 2070 Good afternoon and welcome to our meeting for August 10, 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 Paul R. Henrickson Roanoke College Chapel 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. Resolution recognizing the 75t" Anniversary of the Blue Ridge Parkway E. NEW BUSINESS 1. Resolution in support of Lewis-Gale Medical Center's application to introduce Neonatal Special Care (Paul M. Mahoney, County Attorney) Page 1 of 4 F. FIRST READING OF ORDINANCES 1. Ordinance authorizing conveyance of a forty foot (40') utility easement to the Craig-Botetourt Electric Cooperative for electric service to Catawba Hospital, Commonwealth of Virginia, across property owned by the Board of Supervisors - Catawba Public Safety Building/Fire Station, Catawba Magisterial District (Tarek Moneir, Deputy Director of Development Services) G. SECOND READING OF ORDINANCES 1. Ordinance approving a lease agreement for the Tinker Mountain Tower Site (Jim Vodnik, Assistant 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 AGENDAAND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes -July 13, 2010 and July 27, 2010 2. Resolution canceling the regularly scheduled meeting of the Board of Supervisors to be held on September 14, 2010 3. Resolution accepting Isabel Lane and Clayview Circle into the Virginia Department of Transportation secondary road system 4. Confirmation of appointment to the Capital Improvement Program (CIP) Review Committee (appointed by District) J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS Page 2 of 4 M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Corrected Treasurer's Statement of Accountability per Investment and Portfolio Policy as of June 30, 2010 N. WORK SESSIONS 1. Work Session -Proposed Inmate Work Program (Daniel R. O'Donnell, Assistant County Administrator; Michael Winston, Sheriff; Major Charles Poff, Chief Deputy; Mark Courtright, Assistant Director of Parks, Recreation and Tourism} 0. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711(A)(3): To discuss or consider the acquisition of real property for future public use where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the County, namely for library purposes 2. Section 2.2-3711(A)(3):Personnel, namely discussion concerning appoint- ment to the Economic Development Authority, Grievance Panel and Virginia Western Community College Advisory Board EVENING SESSION -7:00 P.M. P. CERTIFICATION RESOLUTION Q. PUBLIC HEARINGAND FIRST READING OF ORDINANCES 1. Ordinance creating the South Peak Community Development Authority (Paul Mahoney, County Attorney) R. CITIZENS' COMMENTS AND COMMUNICATIONS Page 3 of 4 S. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Charlotte A. Moore 2. Michael W. Altizer 3. Richard C. Flora 4. Eddie "Ed" Elswick 5. Joseph B. "Butch" Church T. ADJOURNMENT Page 4 of 4 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: August 10, 2010 AGENDA ITEM: Resolution recognizing the 75th Anniversaryofthe Blue Ridge Parkway SUBMITTED BY: Penny Lloyd Marketing and Information Manager APPROVED BY: B. Clayton Goodman III . County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Time has been set aside to recognize the 75th Anniversaryofthe Blue Ridge Parkway. The individuals who are expected to attend and accept the resolution are as follows: Catherine Fox -Blue Ridge Parkway 75 Board Member, President of the Blue Ridge Parkway Association and Director of Tourism and Communications with the Roanoke Valley Convention and Visitors Bureau Peter Givens -Interpretive Specialist, Blue Ridge Parkway Landon Howard -Executive Director, Roanoke Valley Convention and Visitors Bureau Susan Mills -Executive Director, FRIENDS of the Blue Ridge Parkway Richards Wells -Publisher and President of Leisure Publishing; Past President of FRIENDS ofthe Blue Ridge Parkway and Roanoke County's Honor Representativeforthe 75th Anniversary. ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 10, 2010 RESOLUTION RECOGNIZING THE 75T" ANNIVERSARY OF THE BLUE RIDGE PARKWAY WHEREAS, construction of the Blue Ridge Parkway began on September 11,1935, to IinkShenandoah National ParkinVirginiaand GreatSmokyMountainsNational Parkin North Carolina and Tennessee; and WHEREAS, the Blue Ridge Parkway is the most visited unit in the National Park Service system, surpassing that of Grand Canyon, Yosemite and Yellowstone national parks combined; and WH EREAS, the Parkway is an internationally recognized scenic highway that winds through 29 counties and encompasses nearly 82,000 acres in Virginia and North Carolina; and WHEREAS, there is great pride in the fact that nearly 3,000 acres and more than 25 miles of the Blue Ridge Parkway's 469 miles are located in Roanoke County; and WHEREAS, Roanoke County recognizes the economic value of the Blue Ridge Parkway, which contributes more than $2.3 billion annually to the local economies along its path; and WHEREAS, recognizing the 75t" Anniversary of the Blue Ridge Parkway is an honor for Roanoke County, which has dedicated time and resources to raising awareness of this exceptional natural and cultural resource; and WHEREAS, Roanoke County has selected Richard Wells, Publisherand President of Leisure Publishing in Roanoke County and past President of FRIENDS of the Blue Ridge Parkway, as its Honor Representative during the 75t"Anniversary year in recognition of his tremendous service in support of the Parkway; and WHEREAS, the Countyof Roanoke recognizes its citizens deepcommitmenttothe Blue Ridge Parkway as they enjoy the scenic beauty and recreational opportunities that abound there and work steadfastly to help preserve this unique asset for future generations. NoW, THEREFQRE, BE IT RESOLVEDthattheBoard of Supervisorsof Roanoke County, Virginia, does hereby express its most sincere appreciation to the Blue Ridge Parkway for its very special "museum of the managed American countryside" - as envisioned by the Parkway's first landscape architect, Stanley Abbott -which leads travelers from around the world along its scenic corridor and into the Parkway's gateway communities to enjoy the quality of life there; and BE IT FURTHER RESOLVED that Roanoke County, in commending and congratulating the Blue Ridge Parkway for its 75t" Anniversary, wishes Blue Ridge Parkway 75 its best during its upcoming signature events and looks forward to a continued and meaningful partnership with the Parkway for the next 75 years. Page 2 of 2 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: AGENDA ITEM: SUBMITTED BY: August 10, 2010 Resolution in support of Lewis-Gale Medical Center's application to introduce Neonatal Special Care Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Lewis-Gale Medical Center (Lewis-Gale) is requesting that the Board of Supervisors of Roanoke Countysupport its application fora certificate of public need (COPN) foran eight- bedspecialty neonatal intensive care unit (NICU). Due to recent additions to its Obstetrics and Gynecological (OB/GYN) medical staff, Lewis-Gale anticipates that the number of deliveries performed will increase, which in turn will increase its demand forspecialty level neonatal special care services. Lewis-Gale's COPN application states that this project is a low-cost, modest proposal to expand newborn care services with the following benefits: increased continuity of care, better patient outcomes, reduced costs due to transfer and keeping new families together during an already challenging time. The State of Virginia requires State approval through the COPN process prior to establishing or expanding certain medical services. The COPN process is designed to determine the need for these certain medical services within specified regions of the Commonwealth. The intent behind the COPN process is that too great a supply of certain services increases the cost of care and could affect quality of care and patient outcomes. Currently, these newborn services are only available at Virginia Baptist Hospital and Carilion Roanoke Memorial Hospital. It appears that an expansion of medical services would benefit the Roanoke region. Carilion indicates that its existing NICU is not operating at its capacity and the Lewis-Gale application would result in an oversupply of NICU beds in the region and by duplicating expensive services, increase the overall cost of care in the region. Page 1 of 2 FI SCAL I M PACT: None STAFF RECOMMENDATION: A resolution in support of Lewis-Gale Medical Center's application is attached for consideration by the Board of Supervisors. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 10, 2010 RESOLUTION IN SUPPORT OF LEWIS-GALE MEDICAL CENTER'S APPLICATION TO INTRODUCE NEONATAL SPECIAL CARE WHEREAS, Lewis-Gale Medical Center operates an acute care hospital in Salem, Virginia that provides residents of Roanoke County and surrounding communities with access to high quality, essential hospital services; and WHEREAS, Lewis-Gale Medical Center offers a broad range of services to patients but is not currently approved to provide neonatal special care services; and WHEREAS, neonatal special care services are a fundamental service for any hospital serving a vibrant and growing community; and WHEREAS, Lewis-Gale Medical Center's ability to provide neonatal special care services is essential to continuity of care for area maternity patients and newborns because it is highly disruptive to patients and their families to be required to obtain neonatal special care services from another provider; and WHEREAS, expectant mothers treated at Lewis-Gale Medical Center who discover that their children may need neonatal special care services must change their care teams in mid-pregnancy after developing important patient-caregiver relationships with their current care teams; and WHEREAS, infants born at Lewis-Gale Medical Center in need of neonatal special care services must be transferred to another facility; and WHEREAS, transferring infants in need of neonatal special care services takes a tremendous toll on patients and their families, particularly because such transfers have Page 1 of 2 the capacity to split apart families within hours of an infant's birth because mother and child would be hospitalized at different facilities; and WHEREAS, in addition to these emotional costs, clinical outcomes are usually better for families that can be kept together; and WHEREAS, the introduction of neonatal special care services at Lewis-Gale Medical Center will mitigate the emotional costs and improve clinical outcomes; and WHEREAS, Lewis-Gale Medical Center is accessible to all patients regardless of ability to pay or payment source because of the hospital's generous charity and uninsured discount policies, and it is very accessible from a geographic perspective. NOW, THEREFORE LET IT BE RESOLVED, that the Roanoke County Board of Supervisors supports Lewis-Gale Medical Center's plans to establish an eight-bed specialty neonatal intensive care unit ~NICU~ at the hospital. AND BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors respectfully urges the Virginia Commissioner of Health to grant approval for this much-needed project. Page 2 of 2 ACTION N0. ITEM NO. ~ I 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: August 10, 2010 Ordinance authorizing conveyance of a forty-foot (40') utility easement to the Craig-Botetourt Electric Cooperative for electric service to Catawba Hospital, Commonwealth of Virginia, across property owned by the Board of Supervisors - Catawba Public Safety Building/Fire Station, Catawba Magisterial District Tarek Moneir Deputy Director of Development Services B. Clayton Goodman III County Administrator'~~~ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Catawba Hospital is seeking a public utility easement for the purpose of installing an overhead electrical line to Building # 1 namely the Paint Shop, which is located adjacent to Roanoke County's Catawba Fire Station (see attached map). The existing underground electric line has failed. Appalachian Power Company (APCO) currently serves the Craig-Botetourt Electric Cooperative (CBEC, Catawba Public Safety Building and Catawba Hospital and has signed a Letter of Agreement granting CBEC permission to provide electric service to the Paint Shop. Roanoke County's Catawba Fire Station is a volunteer unit. The easement request was discussed with Chief Caldwell and he indicated no problems or issues with the easement request. A copy of the agreement is attached. A CBEC engineer estimates they will need a 40-foot right-of-way utility easement in order to service the line. The attached map shows the approximate location of the requested easement. Page 1 of 2 FISCAL I M PACT: A plat delineating the exact location of the 40-foot utility easement will be provided and recorded by Catawba Hospital. There is no fiscal impact to Roanoke County. ALTERNATIVES: 1. Grant a 40-foot right-of-way utility easement for the purpose of providing an electric power line and services to Catawba Hospital 2. Deny the request STAFF RECOMMENDATION: Staff recommends approving the first reading of an ordinance conveying aforty-foot utility easement toCraig-Botetourt Electric Cooperative for electric service to Catawba Hospital, Commonwealth of Virginia, across property owned by the Board ofSupervisors -Catawba Public Safety Building/Fire Station -Catawba Magisterial District. A second reading and public hearing of this ordinance will be held on August 24, 2010. Page 2 of 2 date: -~ugust 10, X010 C~t~wba Hospital Prapas~ed Uti~it~ ~~~~nent 1 inch equals 100 feet i .This Letter Agreement ~"Agreement"} is made and entered by Appalachian Power Company ~"APCa" ar "Company"} (dba American Electric Power ar AEP~, Craig Botetourt Electric Cooperative ~"CBEC"~, and Ca#awba Hospital. ~, WHEREAS, Appalachian Power Company serves Catawba Hasp~tat as well as the paint chap located behind the hospital on a Commonwealth of Vixginia tariff. The customer owned undexground ~~ine thataerves #he~ ~pa~nt~sliop.~has fa~ed;.~zn ord~~ for ApCo is . restate service to the paint shop using overhead service the Company would have to build u to 15 new ans crass CBEC's lines, attach to CBEC's oles and install an additional ~ p ~ f p ?, ~ transformer. However, CBEC serves the Ere statZan next to the pant shop and could easily extend service at a much lower cost. TI~EREPURE, through this Letter Agreement APCa agrees to alivw CBEC to pro~de electric service to the Catawba Hospital paint shop ~APCo will continue to provide ~ .; service to the remainder of Catawba Hospital, Catawba Hospital agrees to take service from CBEC, for their paint shop, at the appropriate tariff charged by CBEC, and CBEC ~ a ees to rovide service to the Catawba Has itai ain# sho . ~ ~ P p P p . E ~. ~~. .. APCo - i ~~.....Q ~ z ~Z"~ I,o C EC ~~' U a r~' - c~ Ca awba Hospital - r i ~.. t.. i j 'r 1 i ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, AUGUST 10, 2010 ORDINANCE AUTHORIZING CONVEYANCE OF A FORTY FOOT (40') UTILITY EASEMENTTOCRAIG-BOTETOURT ELECTRIC COOPERATIVE FOR ELECTRIC SERVICE TO CATAWBA HOSPITAL, COMMONWEALTH OF VIRGINIA, ACROSS PROPERTY OWNED BY THE BOARD OF SUPERVISORS-CATAWBA PUBLIC SAFETY BUILDING/FIRE STATION, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Catawba Hospital of the Department of Mental Health, Mental Retardation and Substance Abuse Services, Commonwealth of Virginia, located in the Catawba Magisterial District, County of Roanoke, due to the failure of an underground electric line, needs to replace the electric service to its Paint Shop Building, located adjacent to Roanoke County's Catawba Public Safety Building/Fire Station; and WHEREAS, Appalachian PowerCompany (APCO), which currently provides electric service to Catawba Hospital, has reached agreement with the Craig-Botetourt Electric Cooperative (CBEC), which currently serves the Catawba Public Safety Building/Fire Station, to provide electric service to the hospital's Paint Shop due to the extreme expense to APCO of replacing its electric service with an overhead line; and WHEREAS, the proposed easement will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County. THEREFORE, BE ITORDAINED bythe 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 onlybyordinance. A first reading of this ordinance was held on August 10, 2010, and a second reading and public hearing as held on August 24, 2010. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interests in real estate to be conveyed are hereby declaredto be surplus, and are hereby made available for other public uses byconveyance toCraig-Botetourt Electric Cooperative (CBEC) for the replacement of electrical service to the Paint Shop Building of the Catawba Hospital, Department of Mental Health, Mental Retardation and Substance Abuse Services, Commonwealth of Virginia. Page 1 of 2 3. That donation to CBEC of an easement and right-of-way for an overhead elec~rric transmission line and related improvements, within a forty foot (40') easement area on the County's Catawba Public Safety Building/Fire Station property (Tax Map No. 07.00- 01-29.00) in order to relocate the electric service for the Catawba Hospital's Paint Shop building is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 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: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 10, 2010 Ordinance approving a lease agreement for the Tinker Mountain Tower Site Jim Vodnik Assistant Director of General Services B. Clayton Goodman III County Administrator~~- COUNTY ADMINISTRATOR'SOOMMENTS: SUMMARY OF INFORMATION: The County of Roanoke owns and/or rents several sites around the Roanoke Valley for the purpose of maintaining towers and antennae for its public safety radio communications system. The tower sitesare partofa regional system thatalsoservesthe Cityof Roanoke and the Town of Vinton. One of the tower sites is on Tinker Mountain in Botetourt County, on property, which was owned by Lee C. Hartman, Jr. Mr. Hartman passed away between the first and second reading of this ordinance. The tower site has been used by the County forovera decade, and is importantfor reaching certain parts of the Valleyand also helps to provide back-up capabilities for the system. Staff has changed the ordinance to reflect the fact that the County will now need to work with Mr. Hartman's estate to complete this transaction. The County paid Mr. Hartman $4,050/year rent based on a lease which expired on June 30, 2010. Staff had negotiated a new lease with Mr. Hartman, and anticipates doing the same with his estate, with the following terms: • Three year lease begins July 1, 2010, at a rate of $4,252.501year for the first year. • The rent increases by five percent (5%) each year thereafter, for a rate of $4,465.13 in 2011, and $4,688.38 in 2012. Page 1 of 2 FISCAL IMPACT: The total cost of this lease overthe nextthree years is $13,406.01. Funding is available in the E-911 maintenance account. 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L r\ 4.- ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 10, 2010 ORDINANCE APPROVING A LEASE AGREEMENT 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 had negotiated with the property owner for a new lease of this site; and WHEREAS, Mr. Hartman has recently passed away, however, the County expects to complete this lease transaction with his successors, or the administrator or executor of his estate; 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: Page 1 of 2 1. That the lease of a parcel of land from Lee C. Harman, Jr., or his successors, or the administrator or executor of his estate, 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 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 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: August 10, 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) Supervisor Flora has reappointed Becky Walter to represent the Hollins Magisterial District. Her 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) 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. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 10, 2010 RESOLUTION APPROVING ANDCONCURRING INCERTAIN ITEMSSET 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 August 10, 2010, designated as Item I -ConsentAgenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows: 1. Approval of Minutes -July 13, 2010 and July 27, 2010 2. Resolution canceling the regularly scheduled meeting of the Board of Supervisors to be held on September 14, 2010 3. Resolution accepting Isabel Lane and Clayview Circle into the Virginia Department of Transportation secondary road system 4. Confirmation of appointment to the Capital Improvement Program (CIP) Review Committee (appointed by District) 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: AGENDA ITEM: SUBMITTED BY: August 10, 2010 Resolution canceling the regularly scheduled meeting of the Board of Supervisors to be held on September 14, 2010 Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Chairman of the Board of Supervisors has suggested that the Board consider canceling the September 14, 2010, Board meeting. A reduced workload due tothe end of summer and the Labor Day holiday as well as scheduling conflicts support this suggestion. Attached to this board report is a resolution canceling the September 14, 2010, Board meeting. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the attached resolution. ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 10, 2010 RESOLUTION CANCELING THE REGULARLY SCHEDULED MEETING OF THE BOARD OF SUPERVISORS TO BE HELD ON SEPTEMBER 14, 2010 WHEREAS, by Resolution 011210-1 the Board of Supervisors established a meeting schedule for the 2010 calendar year, which scheduled a meeting for Tuesday, September 14, 2010, at 3:00 p.m.; and WHEREAS, due to scheduling conflicts and a reduced agenda from the Labor Day holiday, the Board of Supervisors desires to cancel this regularly scheduled meeting to be held on September 14, 2010. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County that this Board hereby cancels its regularly scheduled meeting for September 14, 2010. BE IT FURTHER resolved that the Clerk to the Board be, and hereby is directed to post this resolution in a public location at which notices are regularly posted and in the office of the Clerk to the Board. In addition, the Clerk is relieved of the obligation to send each Board member written notice by registered mail of the cancellation of this meeting. 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: August 10, 2010 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Resolution accepting Isabel Lane and ClayviewCircle intothe Virginia Department of Transportation secondary road system Arnold Covey Director of Community Development B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: GCT Development, L.L.C., the developer of Riverland Vineyards in the Catawba Magisterial District, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation (VDOT) requesting that they accept 0.20 mile of Isabel Lane from the intersection of Green Hill Drive (Virginia secondary route number 1175) toits cul-de-sac, 0.09 mile of Clayview Circle from the intersection of Isabel Lane to its cul-de-sac. The staff has inspected these roads along with representatives of VDOTand finds the road acceptable. FISCAL IMPACT: No County funding is required. STAFF RECOMMENDATION: The staff recommends that the Board approve a resolution to VDOT requesting they accept Isabel Lane and Clayview Circle into the secondary road system. U~S. R~I~TE ~1l ~ VAST t,~AIN STf~EET ~ ~ W. ~fV~'~S~;p~ D~R._. RI~i~ . ~ ~ ~~ ~~ ~© SC TE ~( ~~~ ~ ~~ ~ ~;C . _ V~~TT~' ~P 1 • ~t1 ~~ ~•~ ~` ' TAX ~55.D4-01-5,3 ~ ~~~ w~ cyt ,~' ~ fi~,ING~f5 G Al1tL5 ~~'€ ~~ ~~~'~ ~ d~ " ', ,~ ,gyp ~, (s~~ uorf ,~ g}f ~~,, wg. ~. ~c Qrc ' o, ~~ ~,•~ 6~• ~s ~~ ~ ~s~ c~~ljiynj+rr cuy'~}r~xrsnNc+~ry r ~~° p ~ •, ~ ~+ ~'~ ~Ge ~ ~ IL.I~pWI1'1~~ ~i/,S,rV~A~~u1.V ` CK ~P ~~T ~ ~ `e lhia ~~ r:~ ':,~'~ r' ~k+/~1~ ~ tar rs ~, ,~ ti '~ ~,*~ ~ ~ 9 ~ ,~~,~~ , , ~ T,ax ~~s.o4 Dl~-sa ~~y ~~~ ~'~ \ Lc~T 37~~n ~ ~ ~ s.d3 'S~Ar9 Z: f 14T t6 ~ S~PhrfN D. R1894~f ~yZ~' ~ \ ~ ~~ fl f79 AC j -~ ~, ~ ~~ ~~, r~x X55, f14-C~-3S O.B. rss4, Pc aeas tx ~ a ~` \ ~' ~' o~, ,~ '~'l ~ ~~ 2lA1fiD A ~ ~ fNSA L X33 ~ 0 2C~ AC. ~~,~~1 ,', ~~ :~ '~ wsrR. / 2no3i1d32 `, '~~ ~6~ ` ~ S.SJ`. •~ . , ,~'~f,'4 ,, ~r~, ~ ' 4, ~ r ~ O.IJ3 AG INf~fJf1ES '~~ i ~' ~~ ~` I~ ~' ' ~rE~fPOR,U7r ~11RN ARQUND 1GT S9 ~~'~o ~ '~.:~ 1 ~ ~~ F ~ ~ .~ ~ •~, ~ ~ 0.372 kC ~ ~4S' ~ Via: LOT ~~ ` ..s i c~, r ~.5. w.uL ~ i. as ~ ~_ 0 2136 AC ~ ~ 1 0 39t. AC F ~ i °~ (i'~?~ ~ ~ ~ 1, p~/ M1X ~ j ~~j~ ~ ~ yt ~~' ,` PART Q~ ~©r 44 ~ ~ ~+ ~ f ~ ~ ~ rr 7 ` I :+~14 W V ./i^!~~ ~l ~~- 4~~ LCT i 1~'~$ 'o. ,'''c ?Oa AC , ~~~~`,, +n, ~ f ~ ~'i L ~ h~. ~[~ + i PROPOSED ADDITIONS SHOWN IN GRAY N ~ 88 AC t~l ~~ ~` I i~ ~1 ~ ~~~~ ~~~ a ~,~, ~~~r 2~i~ l 1 i 9'~ ~. '~ ~ ~C11 AC ~~ [n~ ~~ 4~ ~k mow' U 193 Ai .~ ~~ ~5~~- w ~o n `~ ~ ! ~.. ~~ ~ ~, ~ 7 0` +~ ~ . by s~~] ~r'~`Y ~ `r~' ,r' LY~ f ~~, ~_ +t ",!~ \ w ~• tea',' ~ ` ~ J ¢Yk ~ ~ ~. ' Q ~~ DECRlPTICN LENGTH RIGHT CF V1JAY RC~ADUVAY WIDTH SERVICES Miles Feet Feet Houses Isabel Lane -from the intersection with Green Hill Drive 0,.12 ~0 3~ 1 OVA Ste Rte 1115} tv the intersection with Clayview Circle ~Raute ~4f3$} Isabel Lane -from the intersection with Clayview Circle o.+00 50 2~ 3 Route 1408} to its cul-de-sac, Ciayvievu Circle -from the intersection with isabe! Lane 4.0$ 5~ 28 3 Route 1401 to its cul-de-sac. ROANOKE COUNTY DEPARTMENT OF COMMUNITX DEVELOPMENT Riverland Vine aids Y Acceptance of babel bane and ~layvievv Circe intq the Virginia Department Qf Transportation Secondary System. $2 AC ti~~tr' ± ~' •+ ~~ 1. t1 ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 10, 2010 RESOLUTION ACCEPTING ISABEL LANE AND CLAYVIEW CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM WHEREAS, the streets described on the attached Virginia Department of Transportation (VDOT) Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s~ described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copyof this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. In the County of Roanoke By resolution of the governing body adopted August 10, 2010 The following VDT Form AM 4.3 is hereby attached and incorporated as part of the governing body's resolution for changes rn the secondary system of state highways. A Copy Testee Signed (County Okra!): Report of Changes in the Secondary System of State Highways ProjectlSubdivision River~and Vineyards ape Change to the Secondary System of State Highways: Addi ion The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaran#eed; Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.9-229 Street Name andlor Route Numb Isabel Lane, State Route Number 1407 Old Route Number: 0 rrrrrrwrwwwwwrwrrwwwrrrrrwrrrwrwwwrrrrrrrrwwwwrrrrrrrrwwwrrrrwrwrrrwrwwrwrrrrrrwrrrrrrrwwrwrrrrrrrwrwwrrrrwrrrwwwrrrrrr• • Fram: Route 1175, Green Hill Drive To: Route 1408, Clayview Circle, a distance of: 0.12 miles. Recordation Reference: P.B. 31, PG. 01 Right of Way width (feet = 50 feet Street Mme andlor Route Number Clayview Circle, State Route Number 1408 Old Route Number: 0 wwwwrwwwrwwwrwwrrrrrrrrwrwrrwrrwrrrrwrrrwrwwrwwrrrrrrrwwwrrrrrrrrrrwrrrrrrrrwrrwwrrrrrrrrrwrrrrrrrrwwrwrwwrrrrrrwwrrwrw• • From: Rt. 1407, Isabel Lane To: cul-de-sac end, a distance of: 0.09 miles. Recordation Reference: P,B, 31, PG. 01 Right of Way width (feet ~ 50 feel Street Name andlor_ Route NumbeC Isabel Lane, State Route Number 1401 ~Id Route Number: 0 wrwwwwwwrrrrrrrrrrrrrrrrrrrrrwwnwwrrwrrrrrrrrrrrrrrrrrrwwwrwrrrwrrrrrwrrrrrrrrrrwrwrrrrwrrrrwwwrrrrrrrrwwwrrrrrrwrrrrww• • From: Route 1408, Clayview Circle To: cul-de-sac end, a distance of: 0.08 miles. Recordation Reference: P.B. 31, PG. 01 Right of Way width feet) ~ 50 feet 1'UOT I~utm r1114•~I a (~I~'?~ll~(f07) 11f~in~enance Ui4icion Date of Resolution: August 10, 2010 Page 1 of l 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: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 10, 2010 Confirmation of appointment to the Capital Improvement Program (CIP) Review Committee Becky R. Meador Clerk to the Board 6. Clayton Goodman III Count Administrator y COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Capital Improvement Program (CIP) Review Committee (appointed by District) Supervisor Flora has reappointed Becky Walter to represent the Hollins Magisterial District. Her one-year term will expire August 31, 2011. Confirmation of the appointment has been placed on the Consent Agenda. GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount M-1 of General Fund Revenue Unaudited balance at June 30, 2009 $ 19,959,122 10,69% Balance at August 10, 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~Y 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 August 10, 2010 Major 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 August 10, 2010 Submitted By Rebecca E. Owens Director of Finance $883, 539.00 $883,539.00 Approved By B. Clayton Goodman III County Administrator ~~ M-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA From 2010-2011 Original Budget July 13, 2010 Appropriation for Legislative Liaison Balance at August 10, 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 Administratoriy~ ACTION N0. ITEM NUMBER M-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD ATTHE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: August 10, 2010. AGENDA ITEMS: Corrected Statement of the Treasurer's Accountability per Investment and Portfolio Policy as of June 30, 2010. SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON 10,133,380.21 10,133,380.21 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 6.11 STELLAR ONE 1,034,049.13 WACHOVIA 0.00 WELLS FARGO 3,010,580.64 58,233,546.33 CASH INVESTMENT: SMITH BARNEY 0.00 0.00 TOTAL 147,645,051.79 07122110 ACTION N0. ITEM NO. N ~ I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATIONOENTER MEETING DATE: August 10, 2010 AGENDA ITEM: Work Session - Proposed Inmate Work Program SUBMITTED BY: Daniel R. O'Donnell Assistant County Administrator APPROVED BY: B. Clayton Goodman, III County Administrator?" COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: County Administration has been working with the Sheriff's Department and the Department of Parks, Recreation and Tourism to develop a jointly funded inmate work program that would take some pressure off the grounds maintenance workload of the Parks, Recreation and Tourism Department while providing work training and productive activity for inmates at the Roanoke County/Salem Jail. Parks maintenance staff has been reduced over the past two years. Due to the reduction of staff, it has been difficult to provide the high quality maintenance that has been the custom in the past. Sheriff Winston, Major Poff, as well as Mark Courtright Assistant Director of Parks, Recreation and Tourism will be present to explain the proposed program and answer any questions that the Board of Supervisors may have. Attached is a memorandum to County Administrator Clay Goodman from Sheriff Winston outlining the proposed program. ~1~~10G°3QaD~1~ oa~o a~ moo (~omc~t~j off ° ~ ~ ~%Bo~Bw6~ T~: Clay Goodman, County Administrator F+l~IIrI: Michael ~. Winston, Sheriff DATE: July 2~, 2~1~ SUBJECT: Pilot Inmate Work Program As a follow-up to our meeting regarding the recommendation to establish an inmate work program, please find the information you requested regarding the start-up costs, benefits, and cost savings of implementing an Inmate work program. Mr. Pete l'~Iaislip, Director of PAR, contributed to this report and we both recommend that we move forward in establishing an Inmate Work Program. During the past two fiscal years, P&R eliminated four full time positions as a result of on-going budget reductions. ~`he positions that were eliminated included a project specialist, MEDI, maintenance worker, and a parks administrator. The elimination of these positions reduced Parks and R.ecreation's budget approximately ~2~o,St~1. one benefit of establishing a pilot inmate work program is to partner with P&R to help maintain and Improve the grounds, landscaping, outdoor structures at designated County properties, snow removal and the pickup and delivery of surplus property. In addition, the inmate work program will help to reduce the direct impact of the loss of four key positions. Dther examples where the inmates may provide labor is as follows: ^ Mowing, trimming, and trash pick-up at designated sites; ^ Needing, mulching,, pruning, leaf removal, and brush clearing at parks and other county facilities; ^ Steam cleaning, painting, and staining shelters, barrier systems, and outdoor structures. ^ installation and repair of the Parks barrier system, stack block walls, stone pavers, fencing, and other light building projects; ^ Seeding, fertilizing, raking soils, and installing turf blankets; ^ Proving assistance for Roanoke County special events; ^ executing county work orders topck-up~ and transport surplus property; and ^ Shop clean up. Inmate Work Program Page #2 Staffing for the inmate work program will include one (1) full time deputy sheriff who will supervise four (4) inmate workers. The main responsibilities of this team will be to execute a weekly mowing and trimming schedule from April through October and during the remaining months work on other projects as needed. The basic start-up cost for this proposed work program will be funded by the Sheriff's Office and the P&R. The Sheriff will provide funding through June 30, 2011 for one full time deputy sheriff at a cost of $39,102 (includes salary and benefits). This would equate to approximately $9,775 per inmate worker, per year. The salary cost could be funded by freezing a position at the sheriff's office for six months and other surplus funding in the FY2009/10 budget. The deputy, uniforms, inmate clothing, protective equipment, vehicle fuel and supplies will be funded by the Sheriff's operating budget. An existing Sheriff's 4x4 Expedition, equipped with light bars and other emergency equipment, will be diverted to the program. P&R will fund the purchase of an equipment trailer, walk behind mowers, trimmers, and hand tools, used to equip this work team. Starting on July 1, 201 1, the deputy's salary and funds required for equipment, fuel, and supplies will be partially funded by taking over select mowing sites that are currently assigned to a paid contractor. These sites include the Public Safety Center, Public Service Center, Roanoke County Fleet Center, Roanoke County Courthouse, Roanoke County Library Headquarters, l4 improved medians/gateways to support the "Welcome to Roanoke County" signs, CRT entrance, CRI Main Industrial Park Area and Valley Tech Industrial Park, which will earn approximately $39,040 in annual revenues. Based on the success of this program, additional mowing sites maybe added in the future to ensure sufficient funding of the program deputy position and to realize additional savings by the use of inmate labor. Mr. Haislip and I trust that the information we have provided you is sufficient for the start-up of an inmate work program. This program will prove to be an effective and efficient program not only to the county, but to our citizens as well. In addition, the inmate work program may provide additional sentencing alternatives to the courts where inmates may have the opportunity to learn new work skills and to reduce their sentences by serving successfully on the work program. I trust that this information answers all of your questions/concerns regarding the proposed inmate work program. Please contact Pete Haislip or myself should you have any additional questions regarding this request. C: Dan O'Donnell, Assistant County Administrator Mark Courtright, Assistant Director of Parks Major Charles Poff P AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 10, 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 2.2-3712 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 of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfullyexempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Onlysuch public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. 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: August 10, 2010 AGENDA ITEM: SUBMITTED BY: Ordinance creating the South Peak Community Development Authority Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is the first reading and public hearing on an ordinance creating a community development authority (CDA) for the South Peak (Slate Hill) project. The County has received a petition to create a CDA from McNeil Properties LLC, Woodcliff Investments LLC, DNAL Holdings III, LLC, M&H Holdings Inc., Slate Hill I LLC and Slate Hill II, LLC ("Petitioners"). A copy of this petition is attached to this report. This project consists of commercial retail and office development and residential development on 62.5 acres. Notice for this public hearing has been published in the Roanoke Times on July 16, 23, and 30, 2010. If approved, this CDA would issue not more than the aggregate maximum principal amount of$16,000,000 in bondstoconstructcertain public infra-structure improvements, including 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; and landscape improvements. County staff has been refining a petition, ordinance, and memorandum of understanding with the Petitioners since late 2009. In addition, the Petitioners have provided staff with financial projections (bond financing projection no. 12 dated December 3, 2009) which include various assumptions forthis project. Although there remain questions concerning these assumptions and financial projections, staff is recommending that the Board proceed with the public hearing on this petition and proposed ordinance at this time. Staff has negotiated a draft memorandum of understanding as required in the Board's policy guidelines. This memorandum of understanding sets out the issuance of the bonds for the Page 1 of 2 public facilities and infrastructure to be financed by the CDA, summarizes the phases for the development of this project, provides protections for the benefit of the County with respect to repayment of debt, provides for the payment of certain incremental tax revenues derived from the project to repay the debt, and provides for a levy of a special tax on the real estate to repay the debt and to pay the administrative costs of the CDA and the County if the tax revenues are insufficient to do so. If these bonds are not issued within three years of the adoption of this ordinance, the CDA will be dissolved without further action by the Board. The CDA will not issue any bonds without first receiving the Board's consent. FI SCAL I M PACT: The Petitioner has paid to the County $20,000 to reimburse the County for its costs in the review and analysis of the petition, memorandum of understanding, ordinance and development agreement. STAFF RECOMMENDATION: It is recommended thatthe Board hold a public hearing, receive citizen comments and then consider this ordinance at first reading. The second reading is scheduled for August 24, 2010. 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; (f) 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 $1b,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 F.xhihit T~ (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 and/or 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 may 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 (30) day period to withdraw its signature from this Petition as provided in Virginia Code § 15.2-515bB. 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 WITNESS 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 B y: James R. Smith, Member -4- DNAL Holdings III, LLC, a Virginia limited liability company B y: 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 B y: 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. 077.20-01-02.01-0000 McNeil Properties LLC 077.20-01-10.00-0000 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 077.20-01-18.00-0000 McNeil Properties LLC 077.20-01-19.00-0000 McNeil Properties LLC 077.20-0 l -20.00-0000 McNeil Properties LLC 077.20-0 l -21.00-0000 McNeil Properties LLC 077.20-01-22.00-0000 McNeil Properties LLC 077.20-01-23.00-0000 McNeil Properties LLC 077.20-0 l -24.00-0000 McNeil Properties LLC 077.20-01-25.00-0000 Slate Hill I LLC 087.08-03-11.00-0000 Slate Hill II LLC 077.20-O1-52.00-0000 Woodcliff Investments LLC 077.20-0 l -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 077.20-01-54.00-0000 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, contingency, development fees. C-1 EXHIBIT D MEMORANDUM OF UNDERSTANDING [To come] D-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 10, 2010 ORDINANCE CREATING THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY 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, the first reading and public hearing was held on August 10, 2010, and the second reading was held on August 24, 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 a mixed-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 Page 1 of 11 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. Page 2 of 11 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 permanent 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(6) 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. Page 3 of 11 (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 member, except for officers and employees of the Petitioners and Roanoke County, 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 Page 4 of 11 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. (f) 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 Page 5 of 11 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. Page 6 of 11 Exhibit A Description of Initial Authority District All those certain lots, pieces or parcels of land, situate, lying and being in the County of Roanoke, Virginia, and consisting of the following parcels by tax map number: GPIN Number 077.20-0 l -48.01-0000 077.20-0 l -02.01-0000 077.20-0 l -10.00-0000 077.20-0 l -11.00-0000 077.20-0 l -15.01-0000 077.20-0 l -17.00-0000 077.20-0 l -18.00-0000 077.20-0 l -19.00-0000 077.20-0 l -20.00-0000 077.20-0 l -21.00-0000 077.20-0 l -22.00-0000 077.20-01-23.00-0000 077.20-0 l -24.00-0000 077.20-0 l -25.00-0000 087.08-03-11.00-0000 077.20-0 l -52.00-0000 077.20-0 l -03.00-0000 077.20-0 l -04.00-0000 077.20-0 l -14.00-0000 077.20-0 l -54.00-0000 077.20-0 l -55.00-0000 Page 7 of 11 Exhibit B ARTICLES OF INCORPORATION OF SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY The undersigned, pursuant to Chapter 51, Title 15.2 of the Code of Virginia, certifies the adoption by the Board of Supervisors (the "Board of Supervisors") of Roanoke County, Virginia on _, 2010, of an Ordinance (the "Ordinance") authorizing the following Articles of Incorporation for the South Peak Community Development Authority and states as follows: ARTICLE I NAME The name of this Authority is SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY (the "Authority"). ARTICLE II ORGANIZATION The Authority shall be organized by the County of Roanoke, Virginia under the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended) (the "Act"), as a public body politic and corporate and political subdivision governed by the laws of the Commonwealth of Virginia. ARTICLE III MF,MRF,R C The affairs of the Authority shall be conducted by an authority board of five members ("CDA Board"). The initial CDA Board members are as set forth in Exhibit A attached hereto and incorporated by reference. All members shall be appointed by the Board of Supervisors. Each member shall serve a four year term, except the initial members who shall serve the terms of office set forth in Exhibit A hereto. The election of officers of the Authority shall be as set forth in the By-Laws of the Authority. Qualifications and appointment of members of the CDA Board shall be consistent with the requirements of the Act. The CDA Board shall have the powers and duties set forth in the Act and in these Articles of Incorporation and the By-Laws, to the extent that such powers and duties are not inconsistent with the Act. ARTICLE IV PRINCIPAL OFFICE The Authority's principal office shall be c/o .The Authority may conduct its business and maintain offices for such purposes at such other places within or without Roanoke County, Virginia, as may from time to time be deemed advisable by the CDA Board, and not in conflict with the requirements of the Act. Page 8 of 11 ARTICLE V AUTHORITY DISTRICT The land initially encompassed within the Authority is set forth in Exhibit B attached hereto (the "Initial Authority District"). In addition, the CDA Board may release and exclude from the Authority district portions of land with respect to which all special assessments have been paid or prepaid and otherwise as provided in the Ordinance. ARTICLE VI PURPOSES AND POWERS The Authority is organized for the purpose of exercising all powers granted by the Act, including financing, funding, planning, establishing, acquiring, constructing or reconstructing, enlarging, extending, equipping, operating and maintaining infrastructure improvements generally described in the Petition to create the Authority. The Authority shall have all powers granted to a "community development authority" under the Act. ARTICLE VII NOT-FOR PROFIT The Authority shall not be organized or operated for pecuniary gain or profit. No part of the net earnings of the Authority shall inure to the benefit of, or be distributable to any member, director, officer, or any other private person, except that the Authority shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments in furtherance of the purposes set forth in Article VI. ARTICLE VIII AMENDMENT TO ARTICLES These Articles of Incorporation may be amended at any time and from time to time by the Board of Supervisors as now or hereafter prescribed by the Act. ARTICLE IX REGISTERED OFFICE AND REGISTERED AGENT The address of the initial registered office of the Authority is c/o .The initial Registered Agent of the Authority is ,whose business address is identical to that of the initial registered office and who is a resident of Virginia and a member of the Virginia State Bar. ARTICLE X INITIAL MEMBERS The names and addresses of the initial members of the CDA Board are as set forth on the attached and incorporated in Exhibit A. Page 9 of 11 IN WITNESS WHEREOF, the undersigned has executed these Articles of Incorporation as of the day of , 2010, as duly authorized by the Ordinance creating the Authority and adopted by the Board of Supervisors of Roanoke County, Virginia on _, 2009. By: Clerk to the Board of Supervisors Page 10 of 11 Exhibit A Names and Addresses of Initial Members Term of Office Commences ET Page 11 of 11 EXHIBIT C 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 maybe 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 maybe reallocated first to other Improvements shown on Exhibit B and then to such associated improvements as maybe 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: (Phase I); (i) a 90-unit Hilton Garden Inn or hotel of comparable quality and size (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, subject 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 maybe, 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 subject 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 (f) 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 may be 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 b_y Countyy. 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. 5everabilit_y. 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 in it. 13. Counterparts. 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. No=. 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. B-1 .^., .,~ W +~ p+~~ 4J ~ y 4J /~ L,1 ~} ~? r ~!4 ~p ~py! 4JJLJ ~,i./ ~1 ~ ~ ~+ ~^y! W' ~ l0 r ,~\ W ~ lC~ ~+ /~~yi W ~ lC) l[3 ~~ ~/~5i ~+ ,~r~i W J~~i.I ~ {~"7 l[) ~' ~qyi W ~ tip lCa ~E ~~ryh h '~i.1 ~ ~ ~ l~ ++ ~~ti W ~ tU ~1 ~~q! WJ ~1 lD 1~ ~/~! W ~ lfl ~, //~{! ~.4~ ~ lD ~~ //~y• W 'l `I N '~ +' ~ ~ ~ ~ C7 C3 J ~ ~ ~ C7 C} C~ C~ ~ C7 ~ ~i ~ C7 C~ ~ O 0 Q ~? 4 ~ ~ ~ ~ ~ _~ 7 C~ C~ C~ © ! ,~ ! • r'I rl ! r1 • ~ ! ~ ! ~ ~, i"I ! ~ ! ~ A rl i r-I ! 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