HomeMy WebLinkAbout8/24/2010 - Adopted Board RecordsACTION N0. A-082410-1
ITEM N0. E-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 24, 2010
AGENDA ITEM: Request to approve holiday schedule for calendar years 2011
and 2012
SUBMITTED BY: Joseph Sgroi
Director of Human Resources
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
According to the Roanoke County Employee Handbook Chapter 4, Section L. Holiday
Schedule, the Board of Supervisors "reserves the right to amend the holiday schedule at
any time and to increase or decrease the number of holidays observed."
The Board has in the past, approved the use of the Columbus Dayfloating holiday for the
purposes of closing the County the day after Christmas. Case in point, in 2008, Christmas
Day fell on a Thursday, and the Board approved using the floating holiday of Columbus
Day to close county offices on Friday.
We have in the 2011 calendar for major and minor holidays no issue with varying our
floating holidays forthat purpose. However, since in 2012 Christmas falls on a Tuesday,
we are asking the Board to consider and approve using the 2012 Columbus Day floating
holiday to close County offices on Monday, December 24, 2012. This will give employees
a long weekend on what usually is a slow business day in the holidayweek and save on
energy, lights and utilities.
Zo~2
SUN MON TUE WED THU FRI SAT
12124 12/25
Apply Christmas
Columbus Day
Day Floating Holiday
Holida
Page 1 of 2
See attached holiday schedule for years 2011 and 2012.
Just as a reminder, according to Chapter 4, Section L. Holiday Schedule, "When a holiday
falls on Saturday, the Friday before the holiday will be observed. When a holidayfalls on
Sunday, the Monday following the holiday will be observed." This will be the case on a few
major holidays in both 2011 and 2012.
FISCAL IMPACT:
Some utilities cost savings from closing County offices.
STAFF RECOMMENDATION:
In discussions with Administration and Department Directors this action was highly
supported. Therefore, Staff recommends using the Columbus Day floating holiday for
2012 Christmas Eve, December 24, 2012, and the approval of the attached Holiday
Schedule for years 2011 and 2012.
VOTE:
Supervisor Moore moved to approve the staff recommendation.
Motion approved.
Yes No Absent
Ms. Moore ~ ^ ^
Mr. Altizer ~ ^ ^
Mr. Flora ~ ^ ^
Mr. Elswick ~ ^ ^
Mr. Church ~ ^ ^
cc: Joe Sgroi, Director of Human Resources
Page 2 of 2
2011 Holidays
New Year's Day Saturday, January 1 -> Observed Friday 12/31/10
Martin Luther King Day Monday, January 17
Presidents' Day Monday, February 21 -> Floating
Memorial Day Monday, May 30
Independence Day Monday, July 4
Labor Day Monday, September 5
Columbus Day Monday, October 10 -> Floating
Veteran's Day Friday, November 11 -> Floating
Thanksgiving Day Thursday, November 24
Day after Thanksgiving Friday, November 25
Christmas Day Sunday, December 25 -> Observed Monday 12/26/11
2012 Holidays
New Year's Day Sunday, January 1 -> Observed Monday 1/2/12
Martin Luther King Day Monday, January 16
Presidents' Day Monday, February 20 -> Floating
Memorial Day Monday, May 28
Independence Day Wednesday, July 4
Labor Day Monday, September 3
Veteran's Day Sunday, November 11 -> Floating
Thanksgiving Day Thursday, November 22
Day after Thanksgiving Friday, November 23
Christmas Eve* *Apply Columbus Day Floating Holiday
on Monday 12/24/12
Christmas Day Tuesday, December 25
Reference: time and date.com/united states/calendar
ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 24, 2010
RESOLUTION 082410-2 INITIATING AN AMENDMENT TO SECTION
30-23-2, NONCONFORMING USES OF BUILDINGS, STRUCTURES OR
LAND OF THE ROANOKE COUNTY ZONING ORDINANCE TO MODIFY
PROVISIONS RELATING TO THE EXPANSION OF AN EXISTING
NONCONFORMING RESIDENTIAL STRUCTURE
WHEREAS, Section 30-14 of the Roanoke County Code and Section 15.2-2286
of the Code of Virginia provides that whenever the public necessity, convenience,
general welfare or good zoning practice requires, an amendment to the zoning
regulations or district maps may be initiated by resolution of the governing body; and
WHEREAS, the Board requests this amendment in order to address concerns
with respect to the expansion of an existing residential structure located in a commercial
or industrial zoning district, and to initiate by resolution the procedures to amend these
sections of the Roanoke County Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of
Roanoke County, Virginia:
1. That an amendment to Section 30-23-2, "Nonconforming Uses of
Buildings, Structures or Land" of the Roanoke County Zoning Ordinance is hereby
initiated in order to allow for the expansion of an existing residential structure located in
a commercial or industrial zoning district. Currently a nonconforming use shall not be
enlarged, intensified or increased.
2. That this amendment be submitted to the Planning Commission for its
review and recommendation, which shall then be forwarded to the governing body.
Further this amendment shall be scheduled for public hearings before the Planning
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Commission and Board of Supervisors at the earliest practicable dates consistent with
public notices as required by law.
3. That the public necessity, convenience, general welfare or good zoning
practice requires this amendment.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
Deputy Clerk to the Board of Supervisors
cc: John F. Murphy, Zoning Administrator
Arnold Covey, Director of Community Development
Philip Thompson, Deputy Director of Planning
Tarek Moneir, Deputy Director of Development
Paul M. Mahoney, County Attorney
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER TUESDAY, AUGUST 24, 2010
ORDINANCE 082410-3 AUTHORIZING THE EMERGENCY
RELOCATION OF THE BENNETT SPRINGS VOTING PRECINCT
WHEREAS, Section 24.2-310 D of the Code of Virginia, 1950, as amended,
provides that if a polling place becomes inaccessible due to an emergency, that the
electoral board shall provide an alternative polling place subject to the prior approval of
the State Board of Elections; and
WHEREAS, Section 24.2-307 of the Code of Virginia, 1950, as amended
mandates that the governing body of each county shall establish the polling place for
each precinct in that jurisdiction by ordinance; and
WHEREAS, the Mountain Pass Baptist Church building has recently become
unavailable for use as a polling place for the November 2, 2010, election due to a vote
by the church congregation at a business meeting on August 11, 2010; and
WHEREAS, Masons Cove Fire Station at 3810 Bradshaw Road, Salem, is
available to serve as the new polling place forthe Bennett Springs precinct; and
WHEREAS, an emergency exists due to the urgent need to notify voters in the
Bennett Springs precinct of the new location of their polling place, which necessitates
the adopting of this ordinance on an emergency basis in accordance with the Roanoke
County Charter; and
WHEREAS, the first reading of this ordinance was held on August 24, 2010; and
the second reading of this ordinance has been dispensed with, since an emergency
exists, upon a 415ths vote of the members of the Board.
Page 1 of 3
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That an emergency exists due to the continued unavailability of the
Mountain Pass Baptist Church as the polling place for the Bennett Springs precinct of
the Catawba Magisterial District of Roanoke County.
2. That Masons Cove Fire Station at 3810 Bradshaw Road, Salem, is hereby
designated as the polling station for the Bennett Springs precinct, Catawba Magisterial
District for the November 2, 2010, elections.
3. That the General Registrar for the County of Roanoke, Virginia, is hereby
authorized to take all measures necessary to comply with Virginia law and regulations
regarding a change in a polling precinct and for reasonable notification to the voters of
the Bennett Springs precinct of this change in their polling location.
4. That the County Administrator and the General Registrar are hereby
authorized and directed to take such others actions as may be necessary to accomplish
the intent of this ordinance.
5. That this ordinance shall take effect immediately. The first reading of this
ordinance was held on August 24, 2010; and the second reading of this ordinance has
been dispensed with since an emergency exists, upon a 4l5ths vote of the members of
the Board.
Page 2 of 3
ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, AUGUST 24, 2010
ORDINANCE 082410-5 AUTHORIZING CONVEYANCE OF A FORTY
FOOT (40') UTILITY EASEMENTTO 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
BUILDINGIFIRE 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 BuildinglFire Station; and
WHEREAS, Appalachian Power Company (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 provideelectricserviceto the hospital's PaintShopduetotheextremeexpense
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 IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized onlybyordinance.
A first reading of this ordinance was held on August 10, 2010, and a second reading and
public hearing was held on August 24, 2010.
Page 1 of 3
cc: Tarek Moneir, Deputy Director of Development Services
Paul Mahoney, County Attorney
Arnold Covey, Director of Community Development
Philip Thompson, Deputy Director of Planning
Richard Burch, Chief of Fire and Rescue
Page3of3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 24, 2010
RESOLUTION 082410-6 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM J-CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for August 24,
2010, designated as Item J -Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 3
inclusive, as follows:
1. Resolution amending Resolution 092308-1, which adopted policy guidelines
for approval of the creation of a Community Development Authority
2. Request to accept and appropriate funds in the amount of $105,330 to the
Roanoke County Public Schools
3. Confirmation of appointment to the Virginia Western Community College
Advisory Board
On motion of Supervisor Altizer to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
A COPY TESTE:
Deborah C. Jacks
Deputy Clerk to the B and of Supervisors
ACTION N 0. A-082410-6. b
ITEM N0. J-2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 24, 2010
AGENDA ITEM: Request to accept and appropriate funds in the amount of
$105,330 to the Roanoke County Public Schools
SUBMITTED BY: Roanoke County Schools
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Rachel's Challenge is a program to help create a culture of respect and kindness among
students. The program was developed after the death of Rachel Scott in the April 20,
1999, Columbine High School tragedy. Roanoke Countyand Salem Schoolswill bringthe
Rachel's Challenge Assembly and "Friends of Rachel" Club to our community in
September 2010. Students will be encouraged to stand up for one another to prevent
bullying and to promote a culture of respect, despite ourdifferences. Appropriation of the
following funds is requested to support this event: $5,000 from Salem City Schools;
$1,000 from the Prevention Council; $4,000 from William Byrd Middle School; and $15,000
from the Superintendent's Contingency Account. The total appropriation request is
$25,000.
The Race to General Education Development (GED) grant is part of the adult education
program in Roanoke County. It is an innovative approach to adult education based on the
GED Fast Track and GED Prep programs. They assess what a person already knows and
prescribe instruction to prepare adults for success on GED Tests. Roanoke County
Schools received a Race to GED grant award in the amount of $70,425.
The Expanded GED grant is a competitive grant that maybe awarded to school systems
that administer a viable adult education program. The purpose of the grant is to give the
Page 1 of 2
division the ability to expand with regard to seats and test administration. Roanoke County
Schools has been awarded the Expanded GED Grant in the amount of $9,905.
FISCAL IMPACT:
The Guidance Program budget will be increased by $25,000.
The Adult Education Program budget will be increased by $70,425 and $9,905.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Appropriation of funds in the amount of $105,330.
VOTE:
SupervisorAltizer moved to approve the staff recommendation.
Motion approved.
Yes No Absent
Ms. Moore ~ ^ ^
Mr. Altizer ~ ^ ^
Mr. Flora ~ ^ ^
Mr. Elswick ~ ^ ^
Mr. Church ~ ^ ^
cc: Brenda Chastain, Clerk to the Roanoke County School Board
Diane Hyatt, Assistant County Administrator
Rebecca Owens, Director of Finance
Page 2 of 2
ACTION N0. A-082410-6.c
ITEM N0. J-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 24, 2010
AGENDA ITEM: Confirmation of appointment to the Virginia Western
Community College Advisory Board
SUBMITTED BY: Becky R. Meador
Clerk to the Board
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Virginia Western Community College Advisory Board
During the closed meeting held on August 10, 2010, itwas the consensus of the Board to
appoint Charles Robbins to a four-year term, which will expire on June 30, 2014.
Confirmation of the appointment has been placed on the Consent Agenda.
VOTE:
SupervisorAltizer moved to approve the staff recommendation.
Motion approved.
Yes No Absent
Ms. Moore ~ ^ ^
Mr. Altizer ~ ^ ^
Mr. Flora ~ ^ ^
Mr. Elswick ~ ^ ^
Mr. Church ~ ^ ^
cc: Dr. Robert Sandel, Virginia Western Community College
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 24, 2010
RESOLUTION 082410-6a AMENDING RESOLUTION 092308-1, WHICH
ADOPTED POLICY GUIDELINES FOR APPROVAL OF THE CREATION
OF A COMMUNITY DEVELOPMENT AUTHORITY
WHEREAS, by Resolution 092308-1 adopted on September 23, 2008, the Board
of Supervisors of Roanoke adopted Policy Guidelines for approval of the creation of a
community development authority (CDA); and
WHEREAS, pursuant to Section 1. Submission of Draft Petition of the Policy
Guidelines, the Petitioner must submit a petition for review by the County and such
petition must contain certain information as set out in the policy guidelines in sub-
paragraphs (i) through (xii); and
WHEREAS, sub-paragraph (x) of Section 1.
Submission of Draft Petition
requires the following: "A provision stating that the CDA Board shall be comprised of
five members who are appointed by the Board of Supervisors; the term of office shall be
for four (4) years with each member subject to reappointment. One or more members
of the Board of Supervisors and County staff, as well as the Petitioners or their
representatives may be appointed CDA Board members; no person residing outside
Roanoke County may serve on the Board;" and
WHEREAS, the Board wishes to amend sub-paragraph (x) of Section 1 of the
Policy Guidelines to allow persons residing outside of Roanoke County to serve on the
CDA Board.
Page 1 of 2
ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 24, 2010
RESOLUTION 082410-1 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, thatthe Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Only public business matterslawfullyexemptedfrom open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies, and
2. Onlysuch public business matters aswere identified inthe motion conveningthe
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Church to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
Deputy Clerk to the B~fard of Supervisors
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, AUGUST 24, 2010
ORDINANCE 082410-4 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, a public hearing has been held on August 10, 2010, by the Board on
the adoption of this Ordinance and notice has been duly provided as set forth in §15.2-
1427 of the Code of Virginia of 1950, as amended, and § 15.2-5156 of the Virginia
Water and Waste Authorities Act, Chapter 51, Title 15.2, Code of Virginia of 1950, as
amended (the "Act"); and
WHEREAS, the Board proposes to create the CDA in order to provide the
infrastructure improvements, facilities and services described in the Petition; and
WHEREAS, the creation of the CDA to assist in financing the infrastructure,
improvements and services in connection with the development of the land into 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 6
County as a result of the development or redevelopment within or affecting the Project;
and
WHEREAS, the Petitioners have waived in writing the right to withdraw their
signatures from the Petition in accordance with § 15.2-5156 of the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA:
Section 1. Creation of Authority. The South Peak Community Development
Authority is hereby created as a political subdivision in accordance with the applicable
provisions of the Act. The CDA shall have the powers set forth in the Act.
Section 2. Boundaries of the CDA. The CDA boundaries shall initially include
the property containing approximately 62.5 acres, more or less, identified in Exhibit A,
attached hereto and presented to the Board of Supervisors (the "CDA District"). In
accordance with §15.2-5157 of the Act, a copy of this Ordinance shall be recorded in
the land records of the Circuit Court of Roanoke County for each tax map parcel within
the CDA District as such CDA District exists at the time of issuance of the CDA's bonds
(the "Bonds"} and the CDA District shall be noted on the land records of the County.
The County may adjust the boundaries of the CDA District to release or exclude land
from the CDA District before or after the issuance of the Bonds so long as the owners of
at least fifty-one (51) percent of the land area or assessed value of land remaining in the
CDA District after adjustment petitioned for the creation of the CDA. In addition, the
CDA may release and exclude from the CDA District parcels of land with respect to
which all special assessments have been paid or prepaid.
Section 3. Facilities and Services. The CDA is created for the purpose of
exercising the powers set forth in the Act, including acquiring, financing, constructing
Page 2 of 6
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.
(a) The powers of the CDA shall be exercised by an authority board
consisting of five (5) members.
Page3of6
(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 forthe terms setforth 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
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
Page 4 of 6
C with such changes consistent with the tenor and intent of the Petition and this
Ordinance as the County Administratorrnay 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.
(~ Adoption by the Board of this Ordinance does not constitute approval of
the issuance of any bonds or similar debt obligations by the CDA.
Section 8. Recordation of Ordinance. In accordance with §15.2-5157 of the Act,
the Board hereby directs the Clerk of the Circuit Court of the County to record a copy of
this Ordinance in its land records for each tax map parcel included in the CDA District
and to note the existence of the CDA District on the land records of the County.
This Ordinance shall take effect immediately.
Page5of6
0n motion of Supervisor Moore to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Elswick, Church
NAYS: Supervisors Altizer, Flora
A C~'Y TESTE:
Deputy Clerk to thd"Board of Supervisors
cc: Paul M. Mahoney, County Attorney
Page 6 of 6