Loading...
HomeMy WebLinkAbout10/22/2002 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, OCTOBER 22, 2002 RESOLUTION 102202-1 PETITIONING THE CIRCUIT COURT FOR A WRIT OF ELECTION TO FILL THE VACANCY ON THE BOARD OF SUPERVISORS IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, Section 24.2-226 of the Code of Virginia provides that within 15 days of the occurrence of a vacancy, a governing body shall petition the circuit court to issue a writ ordering the election for the next ensuing general election to be held in November. If the vacancy occurs within 120 days prior to that election, then the writ shall order the election to be held at the second ensuing general election - November 4, 2003; and WHEREAS, pursuant to the authority granted by the Code of Virginia, the Board proposes to call a special election to take the sense of the voters of the County on filling the vacancy in the on the Board of Supervisors in the Vinton Magisterial District. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby petitions the Circuit Court of Roanoke County to order an election on November 4, 2003, on the filling of the vacancy on the Board of Supervisors in the Vinton Magisterial District. 2. That the Clerk of the Board is instructed to immediately file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 3. That the Secretary of the Roanoke County Electoral Board shall publish a notice of such election in a newspaper of general circulation in the County once at least 1 ten days prior to such election as required in Section 24.2-683 of the Code of Virginia; 4. That the County Administrator is hereby authorized and directed to take such actions as may be necessary to accomplish the intent of this resolution. 5. That this resolution shall take effect immediately. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: &0A. 33L? ) Diane S. Childers Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 RESOLUTION 102202-2 OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION REFUNDING BONDS WHEREAS, the Board of Supervisors (the "Board") of Roanoke County, Virginia (the "County") has issued the following general obligation bonds (the "Prior Bonds"): General Obligation Public Improvement and Refunding Bonds, Series 1993; WHEREAS, the Board proposes to authorize the issuance of general obligation refunding bonds (the "Refunding Bonds") to refund all or a portion of the Prior Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA 1. Authorization of Refunding Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell the Refunding Bonds in the maximum aggregate principal amount of $30,000,000. The issuance and sale of the Refunding Bonds are hereby authorized. The proceeds from the issuance and sale of the Refunding Bonds shall be used to refund all or a portion of the Prior Bonds and to pay the costs of issuing the Refunding Bonds. 2. Pledge of Full Faith and Credit. The full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Refunding Bonds as the same become due and payable. The Board shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Refunding Bonds as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 3. Details and Sale of Refunding Bonds. The Refunding Bonds shall be issued upon the terms established pursuant to this Resolution and upon such other terms as may be determined in the manner set forth in this Resolution. The Refunding Bonds shall be issued in fully registered form in one or more series at such time or times as the County Administrator shall approve, shall be dated such date or dates as the County Administrator shall approve, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered from R-1 upwards consecutively. The Refunding Bonds shall be issued in such aggregate principal amount and shall mature on such dates and in such amounts as the County Administrator may approve, provided that the aggregate principal amount ofthe Refunding Bonds, shall not exceed the maximum amount set forth in paragraph 1 and the final maturity of the Refunding Bonds is not later than 20 years from their date. The County Administrator is authorized and directed to accept the proposal for the purchase of the Refunding Bonds which he determines to be in the best interest of the County and the Refunding Bonds shall bear interest, payable semi-annually, at such rate or rates and shall be sold at such price as may be set forth in the proposal accepted by the County Administrator; provided that the true interest cost of the Refunding Bonds shall not exceed 5.5% per annum and the purchase price shall be not less than 97% of the par amount of the Refunding Bonds. The County Administrator is authorized and directed to approve such additional terms of the Refunding Bonds, including such optional redemption provisions for the Refunding Bonds, if any, as he may determine to be in the best interest of the County. The County Administrator is authorized to execute and deliver a Bond 2 Purchase Agreement providing for the sale of the Refunding Bonds upon the terms set forth in this Resolution and containing such other provisions as the County Administrator may approve. 4. Form of Refunding Bonds. The Refunding Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution. There may be endorsed on the Refunding Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 5. Book -Entry -Only Form. The Refunding Bonds shall be issued in book -entry - only form. The Refunding Bonds shall be issued in fully -registered form and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC') as registered owner of the Refunding Bonds, and immobilized in the custody of DTC. One fully -registered Refunding Bond in typewritten or printed form for the principal amount of each maturity of the Refunding Bonds shall be registered to Cede & Co. Beneficial owners of the Refunding Bonds shall not receive physical delivery of the Refunding Bonds. Principal, premium, if any, and interest payments on the Refunding Bonds shall be made to DTC or its nominee as registered owner of the Refunding Bonds on the applicable payment date. Transfer of ownership interest in the Refunding Bonds shall be made by DTC and its participants (the "Participants"), acting as nominees of the beneficial owners of the Refunding Bonds in accordance with rules specified by DTC and its Participants. The County shall notify DTC of any notice required to be given pursuant to this Resolution or 3 the Refunding Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The County shall also comply with the agreements set forth in the County's Letter of Representations to DTC. Replacement Bonds (the "Replacement Bonds") shall be issued directly to beneficial owners of the Refunding Bonds rather than to DTC or its nominee but only in the event that: (i) DTC determines not to continue to act as securities depository for the Refunding Bonds; or (ii) The County has determined not to continue to use DTC as the securities depository for the Refunding Bonds; or (iii) The County has determined not to continue the book -entry system of transfer. Upon occurrence of the event described in (1) or (ii) above, the County shall attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC or upon the occurrence of the event described in (iii) above, the County shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit A attached hereto. Principal of and interest on the Replacement Bonds shall be payable as provided in this Resolution and in the Refunding Bonds and such Replacement Bonds will be transferable in accordance with the provisions of paragraphs 9 and 10 of this Resolution and the Refunding Bonds. 6. Appointment of Bond Registrar and Paying Agent. The County Administrator is authorized and directed to appoint a Bond Registrar and Paying Agent for the Refunding Bonds and as long as the Refunding Bonds are in book entry form such Bond Registrar 4 and Paying Agent may be the County Administrator, the Chief Financial Officer or other appropriate officer of the County. The County Administrator may appoint a subsequent registrar and/or one or more paying agents for the Refunding Bonds upon giving written notice to the owners of the Refunding Bonds specifying the name and location of any such registrar or paying agent. 7. Execution of Refunding Bonds. The Chairman of the Board and the Clerk of the Board are authorized and directed to execute appropriate negotiable Refunding Bonds and to affix the seal of the County thereto and to deliver the Refunding Bonds to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman and the Clerk are both by facsimile, the Refunding Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 8. CUSIP Numbers. The Refunding Bonds shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted and no liability shall attach to the County, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the County and any officer or agent of the County, by reason of any inaccuracy, error or omission with respect to such numbers. 9. Registration, Transfer and Exchange Upon surrender for transfer or exchange of any Refunding Bond at the principal office of the Bond Registrar, the County shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transferees a new Refunding Bond or Bonds of any authorized denomination in an aggregate principal amount equal to the Refunding Bond surrendered and of the 5 same form and maturity and bearing interest at the same rate as the Refunding Bond surrendered, subject in each case to such reasonable regulations as the County and the Bond Registrar may prescribe. All Refunding Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the County and the Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney- in-fact or legal representative. No Refunding Bond may be registered to bearer. New Refunding Bonds delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Refunding Bonds surrendered, shall be secured by this Resolution and entitled to all of the security and benefits hereof to the same extent as the Refunding Bonds surrendered. 10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of Refunding Bonds, but the County may require payment by the registered owner of any Refunding Bond of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Refunding Bond. 11. Non -Arbitrage Certificate and Tax Covenants The County Administrator and the Chief Financial Officer, or either of them, are authorized and directed to execute a Non - Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Refunding Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Code, including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board covenants on behalf of the County that all of such proceeds will be invested and expended as set 0 forth in the County's Non -Arbitrage Certificate and Tax Covenants and that the County will comply with the other covenants and representations contained therein. 12. Refunding of Prior Bonds. The County Administrator and the Chief Financial Officer, or either of them, is authorized to (a) take such action as may be necessary to provide for the refunding and redemption of the Prior Bonds and (b) enter into one or more Escrow Agreements with an escrow agent to be selected by the Chief Financial Officer providing for the deposit and investment of such portion of the proceeds of the Refunding Bonds to be applied to the redemption or payment of the Prior Bonds on the earliest practicable date. 13. Disclosure Documents. The Chief Financial Officer and the County Administrator, or either of them, and such officers and agents of the County as either of them may designate are hereby authorized and directed to prepare, execute, if required, and deliver an appropriate preliminary official statement, official statement or such other offering or disclosure documents as may be necessary to expedite the sale of the Refunding Bonds. The preliminary official statement, official statement or other documents shall be published in such publications and distributed in such manner, including electronically, and at such times as the Chief Financial Officer shall determine. The County Administrator is authorized and directed to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12. 14. Continuing Disclosure. The County Administrator and the Chief Financial Officer, or either of them, are authorized and directed to enter into a Continuing Disclosure Agreement for the benefit of the owners of the Refunding Bonds to assist the underwriter 7 for the Refunding Bonds in complying with the provisions of Section (b)(5) of Securities and Exchange Commission Rule 15c2-12. 15. Further Actions. The County Administrator and the Chief Financial Officer and such officers and agents of the County as either of them may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Refunding Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Refunding Bonds are ratified and confirmed. 16. Effective Date: Applicable Law. This Resolution shall take effect immediately. The Board elects, pursuant to Virginia Code Section 15.2-2601 to issue the Refunding Bonds pursuant to the provisions of the Public Finance Act of 1991. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: hta'l 0) 1 3JL'22� Diane S. Childers Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Chief Financial Officer Daniel Morris, Director, Finance Paul M. Mahoney, County Attorney 9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 RESOLUTION 102202-3 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA REQUESTING THE INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE ITS LEASE REVENUE BONDS TO REFINANCE THE INDUSTRIAL DEVELOPMENT AUTHORITY'S LEASE REVENUE BONDS, SERIES 1993 WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the "Authority") issued its $4,250,000 Lease Revenue Bonds (Roanoke County Administration Center) Series 1993 (the "1993 Bonds") to finance an administration building for the County (the "Project"). WHEREAS, the Board of Supervisors of the County proposes to refund the 1993 Bonds through the issuance of a lease revenue refunding bond or bonds by the Authority (the "Bond"). WHEREAS, the County will lease the Project to the Authority pursuant to a lease ("Prime Lease") and the lease revenue bond will be payable solely from revenues derived by the Authority from a Lease from the Authority to the County ("Lease") pursuant to which the Authority will lease the Project back to the County. WHEREAS, the lease revenue bonds will be issued pursuant to the following documents: (1) Prime Lease; (ii) Lease; (iii) Leasehold Deed of Trust from the Authority to the individual trustees named therein, as trustees; (iv) Assignment of Rents and Leases between the Authority and the purchaser of the Bonds ("Bond Purchaser"); v) Escrow Agreement providing for the redemption of the 1993 Bonds; (vi) if required, an Indenture of Trust between the Authority and a trustee to be selected by the County Administrator; and (vii) if required, a Bond Purchase Agreement providing for the sale of the Bond. All of the documents listed above are referred to in this Resolution as the "Basic Documents." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Issue of Bond. The Board requests the Authority to issue the Bond in the maximum principal amount of $3,000,000 to be paid from revenues derived from payments made by the County pursuant to the Lease. 2. Authorization of Basic Documents. The execution and delivery of and performance by the County of its obligations under the Basic Documents to which it is a party are authorized. The Basic Documents and the Bond shall be in such form and contain such provisions as the County Administrator and the Chairman of the Board, or either of them, shall approve, such approval to be evidenced conclusively by the execution and delivery of the Lease, provided that the aggregate principal components payable under the Lease shall not exceed $3,000,000. 3. Execution of Documents. The Chairman of the Board and the County Administrator, or either of them, are authorized to execute on behalf of the County the Basic Documents to which the County is a party, and, if required, to affix or to cause to be affixed the seal of the County to the Basic Documents and to attest such seal. Such officers or their designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 4. Terms of Bond. The County Administrator and the Chief Financial Officer, or either of them, are authorized and directed to solicit proposals for the purchase of the Bond and to accept the proposal that such officer or officers determined to be in the County's best interest. The Bond shall be issued on the terms set forth in such proposal. 5. Nature of Obligations. Nothing in this Resolution, the Bond or the Basic Documents shall constitute a debt of the County and the Authority shall not be obligated to make any payments under the Bond or the Basic Documents except from payments made by or on behalf of the County under the Lease. The County's obligations to make payments pursuant to the Lease shall be subject to and dependent upon annual appropriations being made from time to time by the Board for such purpose. Nothing in this Resolution, the Bond or the Basic Documents shall constitute a pledge of the full faith and credit of the County beyond the constitutionally permitted annual appropriations. 6. Bank Qualification. The Board of Supervisors requests the Authority to designate the Bond as a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended; provided the County Administrator determines that the County will not issue more than $10,000,000 in tax-exempt obligations in calendar year 2002. The County will not designate more than $10,000,000 of qualified tax-exempt obligations in calendar year 2002 and the Board directs the County Administrator to certify whether the County and its subordinate entities will issue more than $10,000,000 in tax-exempt bonds (not including certain private activity bonds) in calendar year 2002. 7. Allocation of Small Issuer Exception Amount . The Board of Supervisors pursuant to Code Section 148(f)(4)(D)(iv) irrevocably allocates to the Authority $3,000,000 of the County's authority under Code Section 148(f)(4)(D) to issue up to $5,000,000 ($10,000,000 where the amount in excess of $5,000,000 is for school construction) in tax - 2 exempt obligations in calendar year 2002 that are exempt from the rebate and reporting requirements of Code Section 148(f) provided that the County Administrator certifies to the Authority that the $5,000,000 limit described above has not been exceeded. 8. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of the Resolution adopted at a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on October 22, 2002. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Chief Financial Officer Doug Chittum, IDA Secretary/Treasurer Ed Natt, IDA Legal Counsel Paul M. Mahoney, County Attorney 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 RESOLUTION 102202-4 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: 1. That the certain section of the agenda of the Board of Supervisors for October 22, 2002 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 5, inclusive, as follows: 1. Approval of minutes — October 8 and October 14, 2002 meetings 2. Request to release liens and amend performance agreement with Sims Automotive, Inc. 3. Approval of amended square footage for lease of rooftop space to Celico Partnership, a Delaware General Partnership d/b/a Verizon Wireless, at the Salem Bank and Trust Building, 220 East Main Street, Salem, VA (reference ordinance #082702-18) 4. Request to accept donation from Wal-Mart in the amount of $1,200.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 Officers and their K-9 partners. 5. Request to accept donation from the Vinton Moose Lodge in the amount of $250.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 officers and their K-9 partners. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. 01 On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: &'ym)l I Diane S. Childers Clerk to the Board of Supervisors cc: File Doug Chittum, Director, Economic Development Danial Morris, Director, Finance Arnold Covey, Director, Community Development J. Ray Lavinder, Chief of Police Paul M. Mahoney, County Attorney Gary Robertson, Director, Utility Vickie L. Huffman, Senior Assistant County Attorney Anne Marie Green, Director, General Service William E. Driver, Director, Real Estate Valuation 2 A -102202-4.a ACTION NO. ITEM NUMBER s,-) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2002 AGENDA ITEM: Request to release liens and amend performance agreement with Sims Automotive, Inc. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Roanoke County entered into a Performance Agreement with Sims Automotive, Inc. dated December 5, 2001. The agreement allowed for certain liens and connection fees to be released on parcels to be developed by Sims within the Stable Road Water and Sewer District. Subsequently Sims has purchased an additional parcel identified as Tax Parcel 88.03-1-29.1. Sims has requested that the lien associated with this parcel be released as well. FISCAL IMPACT: No additional funding is required. The amount of the lien on the additional parcel is $20,403. It is still anticipated that the County will recover its total project investment within three years as a result of additional new tax revenue created by the expanded Sims project. If the project fails to generate the additional revenue within the prescribed time frame, then Sims will reimburse the County the difference between the amount of new local tax revenues actually produced and $320,000. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the County Administrator to release the lien on Tax Parcel 88.03-1-29.1 and to execute an amended Performance Agreement on behalf of the County, by and between the Roanoke County Board of Supervisors and Sims Automotive, Inc., upon form approved by the County Attorney. The County Administrator is authorized to execute this amended Performance Agreement upon Sims accepting title to real estate. Respectfully submitted, Approved by, &"- )-1 " � / (� �7' t - Doug Chittum Elmer C. Hodge Director of Economic Development County Administrator --------------------------------------------------------------------------------------- ACTION VOTE No Yes Absent Approved (x) Motion by: H Odell Minnix to approve Church _ x Denied () Flora _ x — Received () McNamara_ x _ Referred () Minnix _ x To () Nickens _ — x cc: File Doug Chittum, Director, Economic Development Danial Morris, Director, Finance Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney A -102202-4.b ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2002 AGENDA ITEM: Approval of Amended Square Footage for Lease of Rooftop Space to Cellco Partnership, a Delaware General Partnership, d/b/a Verizon Wireless, at the Salem Bank and Trust Building at 220 East Main Street, Salem, Virginia. (Reference: Ordinance No. 082702-18) COUNTY ADMINISTRATOR'S COMMENTS BACKGROUND: By Ordinance No. 082702-18, the B oard of Supervisors authorized execution of a lease agreement with Cellco Partnership, a Delaware General Partnership, d/b/a Verizon Wireless, (Verizon) for approximately 46.5 total square feet of rooftop space at the Salem Bank and Trust Building, located at 220 East Main Street, Salem, Virginia. The lease is to be for an initial five (5) year term at an annual rental of $14,000.00, payable monthly in the amount of $1,200.00, plus payment for its utility consumption, with the option to Cellco to renew the lease for four (4) additional periods of five (5) years at a fifteen percent (15%) rental increase upon each renewal. SUMMARY OF INFORMATION: In finalizing the terms and provisions of the lease agreement, staff discovered a discrepancy in the square footage included by Verizon as compared to the square footage specified in the Ordinance approving the transaction. There has been no significant change in the proposal as negotiated by staff and Verizon representatives. It appears that there has simply been an error in the square footage designation. This action is to correct the authorization for the leased area, as shown on the attached Exhibit A, now that more accurate uiformation is available. The total area proposed to be leased to Verizon is approximately 303.5 square feet of rooftop space, 176 square feet of which is for the equipment shelter and the remainder of which is for the antenna sleds. FISCAL IMPACTS: The funds generated by the lease are to be placed in the Salem Bank and Trust account. There is no additional fiscal impact related to this action. - STAFF RECOMMENDATION Staff recommends that the approval of the lease to Cellco Partnership, a Delaware General Partnership, d/b/a Verizon Wireless, at the Salem Bank and Trust Building, 220 East Main Street, Salem, Virginia, be amended and corrected to authorize lease of an approximate total of 303.50 square feet of rooftop space. This authorization is recommended as action incidental to Ordinance No. 082702-18 pursuant to § 18.04 of the Roanoke County Charter. Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Respectfully submitted, xll I UN U � 0 'SK" " Vickie L. ua Sr. Assistant Co y Attorney ACTION Motion by: H Odell Minnix to approve Church Flora Vickie L. Huffman, Senior Assistant County Attorney Danial Morris, Director, Finance Arnold Covey, Director, Community Development Anne Marie Green, Director, General Service William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 2 VOTE No Yes Absent X X McNamara_ x Minnix — x — Nickens _ — x I �i1�1�1'� ICS lOe�� 1l�IOAilIIL rrMl��► IrI�Iq �e�ri.1rM M3� 1r+ _ .9 ROOF TOP lt'"ED 6 -4* -02 REYIM 10-14—= EXHIBIT A ■ ter■ �i1�1�1'� ICS lOe�� 1l�IOAilIIL rrMl��► IrI�Iq �e�ri.1rM M3� 1r+ _ .9 ROOF TOP lt'"ED 6 -4* -02 REYIM 10-14—= EXHIBIT A A -102202-4.c ACTION NO. ITEM NUMBER: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: October 22, 2002 AGENDA ITEM: Request to accept donation from Wal-Mart in the amount of $1,200.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 Officers and their K-9 partners. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Police Department has utilized a K-9 Unit since the Police Department was created in 1990. The K-9 Unit has a successful track record of drug seizures, apprehension of offenders, location of missing children and endangered adults, and creating opportunities for positive public relations. With the opening of their new location in Roanoke County, Wal-Mart has decided to provide monetary donations to various organizations in the community. One of the groups selected is the Roanoke County Police K-9 Unit. SUMMARY OF INFORMATION: The Police Department wants to purchase $1200.00 worth of equipment and supplies for the two K-9 officers and two K -9s. Due to current budgetary restrictions, without the funding provided by Wal-Mart, the K-9 Unit would not be able to purchase the additional supplies and equipment. At no time will members of the K-9 Unit be endorsing any Wal- Mart product or service. FISCAL IMPACT: Wal-Mart has provided $1200.00 in donated funds, with no matching funds required. The funds will be used to purchase equipment and supplies for the K-9 Unit. STAFF RECOMMENDATION: The staff recommends acceptance of the Wal-Mart grant for $1200.00. SUBMITTED BY: APPROVED: J. Ray Lavinder Elmer C. Hodge Chief of Police County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to approve Church _ x Denied () Flora _ x Received () McNamara_ x Referred () Minnix _ x _ To () Nickens _ _ x cc: File J. Ray Lavinder, Chief of Police Danial Morris, Director, Finance A -102202-4.d ACTION NO. ITEM NUMBER: 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: October 22, 2002 AGENDA ITEM: Request to accept donation from the Vinton Moose Lodge in the amount of $250.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 officers and their K-9 partners. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Police Department has utilized a K-9 Unit since the Police Department was created in 1990. The K-9 Unit has a successful track record of drug seizures, apprehension of offenders, location of missing children and endangered adults, and creating opportunities for positive public relations. The Vinton Moose Lodge has decided to make a donation of $250.00 to help in the operation of the K-9 Unit. SUMMARY OF INFORMATION: The Police Department wants to purchase $250.00 worth of equipment and supplies for the two K-9 officers and the two K -9s. Due to current budgetary restrictions, without the funding provided by the Vinton Moose Lodge, the K-9 Unit would not be able to purchase the additional supplies and equipment. At no time will members of the K-9 Unit be endorsing any Vinton Moose Lodge program or service. FISCAL IMPACT: The Vinton Moose Lodge has provided $250.00 in donated funds with no matching funds required. The funds will be used to purchase equipment and supplies for the K-9 Unit. STAFF RECOMMENDATION: The staff recommends acceptance of the Vinton Moose Lodge donation of $250.00 SUBMITTED BY: APPROVED: J. Ray Lavinder Elmer C. Hodge Chief of Police County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to approve Church _ x Denied () Flora _ x Received () McNamara_ x Referred () Minnix x To ( ) cc: File J. Ray Lavinder, Chief of Police Danial Morris, Director, Finance Nickens _ _ x AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2002 ORDINANCE 102202-5 TO VACATE A 50' PUBLIC RIGHT-OF-WAY LYING BETWEEN LOTS 57 AND 58, PORTIONS OF 15' PUBLIC UTILITY EASEMENTS ON LOTS 57 AND 58, A 40' DRAINAGE EASEMENT ON LOT 57, AND A PORTION OF A 20' DRAINAGE EASEMENT ON LOTS 59 AND 60, ON THE PLAT OF PHASE 1, STONEGATE SUBDIVISION, RECORDED IN PLAT BOOK 24, PAGE 35 (ROANOKE COUNTY) AND PLAT BOOK 24, PAGES 1-3 (BOTETOURT COUNTY), LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat for 'PHASE 1, STONEGATE', dated May 2, 2000, revised January 17, 2001, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 24, page 35, and of record in the Clerk's Office of the Circuit Court of Botetourt County, Virginia, in Plat Book 24, pages 1-3, the developer, Stonegate Properties, LLC, dedicated and created a 50' "FUTURE ROAD" lying between Lots 57 and 58, a "15' PUE" [public utility easement] on Lots 57 and 58, a "NEW 40' D.E." [drainage easement] on Lot 57 and a "NEW 20' DE" [drainage easement] on Lots 59 and 60; and, WHEREAS, in connection with the development of Phase 2 of Stonegate, and re- subdivision of some of the lots in Phase 1, the Petitioner -Developer, Stonegate Properties, LLC, has requested that all or portions of said easements and right-of-way, as shown on Exhibit A attached hereto, be vacated pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, alternative easements and right-of-way are to be dedicated and created by the subdivision plat for Phase 2 of Stonegate; and, 1 WHEREAS, these vacations will not involve any cost to the County, will not interfere with the provision of public services, and have been approved by the affected County departments; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended); the first reading of this ordinance was held on October 8, 2002, and the public hearing and second reading of this ordinance was held on October 22, 2002. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the "EX. 'FUTURE STREET' (TO BE VACATED)", fifty feet (50') in width, shown blocked on Exhibit A attached hereto, said right-of-way being in the Hollins Magisterial District and having been dedicated and created as "FUTURE ROAD" lying between Lots 57 and 58 (Tax Map Nos. 28.10-2-7 and 28.10-2-6) on the subdivision plat for 'PHASE 1, STONEGATE', dated May 2, 2000, revised January 17, 2001, and of record in the aforesaid Clerk's Office in Plat Book 24, page 35, (Roanoke County), and in Plat Book 24, page 1-3, (Botetourt County), be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to subject to the conditions specified in this ordinance and to the following: a. That fee simple title to the vacated areas of land shall vest as provided by law and shall be added and combined to the adjacent properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. 2. That the "PORTION OF EX. 15' P.U.E., P.B. 24, PG. 35 (ROA.), P.B. 24, PG(S) 1-3 (BOT.) (TO BE VACATED)" on Lot 57 (Tax Map No. 28.10-2-7) and Lot 58 2 (Tax Map No. 28.10-2-6), shown cross -hatched on Exhibit A attached hereto, the "EX. 40' D.E., P.B. 24, PG. 35 (ROA.), PB. 24, PG(S) 1-3 (BOT.) (TO BE VACATED)", on Lot 57 (Tax Map No. 28.10-2-7), shown hatched on Exhibit A attached hereto, and the portion lying within Roanoke County of the "EX 20' D.E. P.B. 24, PG. 35 (ROA.), PB. 24, PG(S) 1-3 (BOT.) TO BE VACATED", on Lot 59 (Tax Map No. 28.10-2-5) and Lot 60 (Tax Map No. 28.10-2-4), shown hatched on Exhibit A attached hereto, said easements having been dedicated and created as "15' PUE" [public utility easement], "NEW 40' D.E." [drainage easement], and "NEW 20' DE" on the subdivision plat for `PHASE 1, STONEGATE', dated May 2, 2000, revised January 17, 2001, and of record in the aforesaid Clerk's Office in Plat Book 24, page 35, (Hollins Magisterial District, Roanoke County), and in Plat Book 24, page 1-3, (Botetourt County), be, and hereby are, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions specified in this ordinance. 3. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner, Stonegate Properties, LLC. 4. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the 3 Circuit Court of Roanoke County, Virginia, and in the Clerk's Office of the Circuit Court of Botetourt County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Flora to adopt the Ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul C. Mahoney, County Attorney 0 C fe a 'o S =b 50 aaa�'y��oo � a�titi aa^�nth��C t'itiYZ� 'C ' y Z ~ ti L DRAINAGE EASEMENT TO BE VACATED �F PUBLIC UTILITY EASEMENT TO BE VACATED ®"FUTURE STREET' RIGHT—OF—WAY TO BE VACATED �ry �7 D D O n miQ S >ma tri t k n C) g$Sa� fi�tt® 71 L t - -i � / T_ S, Sp rn ;T7 11 N O ¢s L7 r O N — I 6 N In W C? / �.w C " ;w of [n ICL TM ri i'i O in tv a cl) o _ G) to N :;rj DRAINAGE EASEMENT TO BE VACATED �F PUBLIC UTILITY EASEMENT TO BE VACATED ®"FUTURE STREET' RIGHT—OF—WAY TO BE VACATED �ry �7 Dp d Q `n1 z miQ b^ VJ .21 tri t k n C) g$Sa� fi�tt® 71 L \ � O y � Wit. -i � / '• PJ'D 120' D.E. UTURE 57REI BE VACATED x o11\5� dSy�atb^. Z dr O NCO= W bbl `- 03 ru� Z�ta",:AN Oen �"O xi nitn b �) AO ,Ca b� 00� C�Iybz I cn,Zi bcl C) O tnC��yaay"�rT{ vi mcnCZ) mc - 9 n 9r"'*t .tsarrtzi -~ t*,a��ox.in O to ':o r- Lo zi Sacy-+�6 n �n ana Q� N M IN. b^ VJ CTI 71 L / O tnC��yaay"�rT{ vi mcnCZ) mc - 9 n 9r"'*t .tsarrtzi -~ t*,a��ox.in O to ':o r- Lo zi Sacy-+�6 n �n ana Q� N EXHIBIT "A" S, Sp [rttn��2 11 �7 r — -- W C? N) �.w " ;w of [n ICL TM ri i'i EXHIBIT "A"