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12/13/2011 - Regular
z ►o ME Fir ppa Roanoke County Board of Supervisors Agenda December 13, 2011 Good afternoon and welcome to our meeting for December 13, 2011. 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: Dr. Michael Palmer Green Ridge Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS 1. Briefing on the results of the 2012 General Reassessment (Billy Driver, Director of Real Estate Valuation) 2. Briefing on closing the Headquarters Library for two weeks, December 17, 2011 - January 2, 2012 (Diana Rosapepe, Director of Library Services) Page 1 of 5 E. F. NEW BUSINESS 1. Resolution to allow the Director of Library Services to establish fees for the use of library meeting rooms based upon recommendations for the Library Board and approval of the County Administrator (Diane D. Hyatt, Assistant County Administrator; Diana Rosapepe, Director of Library Services) 2. Resolution requesting the General Assembly of Virginia to maintain the moratorium on mining uranium and during the 2012 General Assembly session (Paul M. Mahoney, County Attorney) 3. Resolution adopting additional legislative initiatives for the 2012 session of the Virginia General Assembly and petitioning the General Assembly to favorably consider the topics and issues addressed herein (Paul M. Mahoney, County Attorney) 4. Request to appropriate $25,000 to Roanoke County Schools from the Commonwealth of Virginia (Dr. Carol Whitaker, Assistant Superintendent of Personnel; Kim Thompson, Assistant Supervisor of Personnel) FIRST READING OF ORDINANCES 1. Ordinance authorizing the purchase of approximately 14.4 acres of real estate (Tax Map No. 56.01 -01- 17.00) located along West Riverside Drive and adjacent to the Roanoke River from LSW HMW Family Limited Partnership for public use as a recreational amenity in the Catawba Magisterial District and reallocation of $20,000 from the Parks and Recreation budget for such purpose (Pete Haislip, Director of Parks, Recreation and Tourism) 2. Ordinance to accept the conveyance of approximately 9.15 acres of real estate located at 10148 Tinsley Lane known as Bent Mountain School from the Roanoke County School Board to the Board of Supervisors (Paul M. Mahoney, County Attorney) 3. Ordinance authorizing the lease to Bent Mountain Center, Inc. for one year (plus option to extend for additional one -year periods) of the Bent Mountain Elementary School (B. Clayton Goodman III, County Administrator) 4. Ordinance authorizing and approving execution of a lease agreement with Valley Communications for tower space to place two (2) dish antennas and associated equipment at 2811 Sycamore Drive (Anne Marie Green, Director of General Services) Page 2 of 5 G. SECOND READING OF ORDINANCES 1. Ordinance amending Chapter 13. — "Offenses- Miscellaneous" providing for an urban archery deer season in Roanoke County (Paul M. Mahoney, County Attorney) 2. Ordinance approving the new Intergovernmental Agreement between the City and County of Roanoke for joint use of the 800 MHZ Radio System (Bill Greeves, Director of Communications and Information Technology) 3. Ordinance authorizing conveyance of a variable width water and sanitary sewer line easement to the Western Virginia Water Authority to be located within a public right -of -way known as Green Tree Lane, said right -of -way having been dedicated to the Board of Supervisors, Catawba Magisterial District (Joe Obenshain, Senior Assistant County Attorney) H. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Clean Valley Council 3. Library Board (appointed by District) 4. Roanoke Valley Convention and Visitors Bureau Board of Directors (appointed by the County Administrator) I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes — October 25, 2011; November 15, 2011 2. Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2012 3. Request to accept and appropriate funds in the amount of $8,003 to the Sheriff's Office from State Criminal Alien Assistance Program (SCARP), approved by the Department of Justice, Bureau of Justice Assistance Page 3of5 4. Confirmation of appointments to the Library Board (appointed by District) and the Roanoke Valley Convention and Visitors Bureau Board of Directors (appointed by the County Administrator) 5. Request for authorization to negotiate a contract for a construction project where the lowest bid is within ten percent (10 %) of available funds — Glenvar Library Construction 6. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Blas Cotto, Custodian, upon his retirement after more than six (6) years of service J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of October 31, 2011; November 30, 2011 5. Comparative Statement of Budgeted and Actual Revenues as of November 30 6. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of November 30, 2011 7. Accounts Paid — November 30, 2011 N. WORK SESSIONS 1. Work session to discuss Vinyard Park II (Doug Blount, Associate Director of Parks, Recreation and Tourism) 2. Work session to review the status of fiscal year 2012 -2013 budget development (B. Clayton Goodman III, County Administrator) Page 4 of 5 O. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2.3711.A.1.Personnel, namely discussion concerning appointments to the Roanoke County Planning Commission; Roanoke Valley Resource Authority and Western Virginia Regional Jail Authority EVENING SESSION — 7:00 P.M. P. CERTIFICATION RESOLUTION Q. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of congratulations to the Northside High School baseball team for winning the Virginia High School League (VHSL) Group AA State Championship R. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Glenn Reed to rezone approximately 13.7 acres from AR, Agricultural /Residential District to AV, Agricultural Village District and to obtain a special use permit for the purpose of a gas station /convenience store located at 9651 Bent Mountain Road, Windsor Hills Magisterial District (Philip Thompson, Deputy Director of Planning) 2. Ordinance declaring 5915 Garner Road, Roanoke, Virginia (Tax Map Number 86.20 -02- 05.00) as blighted, authorizing spot blight abatement and appropriation of $10,000, Cave Spring Magisterial District (Paul M. Mahoney, County Attorney) 3. Ordinance establishing a special assessment for the South Peak Community Development Authority regarding the financing of certain public infrastructure improvements (Paul M. Mahoney, County Attorney) S. CITIZENS COMMENTS AND COMMUNICATIONS T. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Richard C. Flora 2. Eddie "Ed" Elswick 3. Charlotte A. Moore 4. Michael W. Altizer 5. Joseph B. "Butch" Church U. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. D -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA ITEM: Briefing on the results of the 2012 General Reassessment SUBMITTED BY: Billy Driver Director of Real Estate Valuation APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMA`nON: This time has been set aside for Billy Driver, Director of Real Estate Valuation to present the results of the 2012 general reassessment of real property. This presentation is timely as individual property reassessment notices are scheduled to be mailed to County property owners on January 3, 2012. General reassessments are conducted in accordance with 58.1- 3201 of the Code of Virginia which states: All real estate, except that which is exempted by law, shall be subject to such annual taxation as may be prescribed by law. All general reassessments or annual assessments in - those localities which have annual assessments of real estate... shall be made at one hundred percent (100 %) of fair market value. The 2012 reassessment reveals an overall market value decrease of 1.51 % for residential, multi- family, agriculture, commercial and industrial properties. After factoring in new construction values, the overall decrease is calculated at minus .93% or approximately 1 % less than last year's assessment. This represents a loss of just over $800,000 in tax revenue for Roanoke County. The Real Estate Valuation office would like to share some pertinent information, which was used to conduct the appraisal process for 2012: ■ In 2010, there were 757 qualified sales. In 2011, the number of qualified sales Page 1 of 3 dropped to 615. The decrease in sales made for one of the most difficult general reassessments in recent memory. • In Roanoke county, the median sale price of a residential home is now $193,000, which represents a 2% decrease compared to last year. The median sale price for a single family home in Virginia is now $235,000. According to data from the Virginia Association of Realtors, "home values in Virginia have only fallen 4.6% over the past three years which is extraordinary, given the larger adjustments in home values seen in some other parts of the country." • The days on the market for Roanoke county properties decreased by 4 days from last year according to data from M LS. • The number of foreclosures has decreased over the past year. According to data collected by Real Estate Valuation staff, there were 173 foreclosure sales in 2010 compared to 153 foreclosure sales in 2011. However, there remains a belief that banks will begin putting more foreclosed homes on the market once lawsuits are settled over foreclosure regulations. In the meantime, in Roanoke county, problems associated with foreclosures seem to be having less of an impact on overall market values. Most commercial and industrial property owners are simply finding it difficult to borrow money as banks once again kept a tight grip on lending practices in this segment of the market. • one key measurement of Roanoke county's economy continues to be the low unemployment rate. Roanoke county's rate is lower than state and federal numbers which enables further stability and recovery within our market. There are only nine states with lower unemployment rates than Virginia, but with federal cuts looming, the situation could worsen in the near future. Staff would like the public to know that Roanoke county will be conducting informal real estate appraisal appeals from January 19 - through January 27, 2012. Also, the Board of Equalization will meet three - times from May through November in order to provide an opportunity for citizens to make formal appeals. The dates for these meetings are May 9, August 14 and November 1, 2012. We would like to notify the public of the "Tax Relief for the Elderly Program." This program allows citizens who are disabled or over age 65 and who have a combined income of less than $56,565 and have net assets not exceeding $200,000 to receive tax relief in 2012. If the public needs further information on this program, they may contact the commissioner of the Revenue's office at 772 -2046 ext.114. The commissioner of the Revenue's office also administers another tax relief program — the Real Estate Tax Exemption for disabled Veterans program. There are a number of factors a veteran or a surviving spouse must meet to qualify for this program. Information is available on the Roanoke county website or you may contact the commissioner of the Revenue's office at 772 -2046 ext. 114. Page 2of3 The Real Estate Valuation office also promotes a land use program to anyone whose land is devoted to bona fide agriculture, horticulture, forestry production, or open space and meets qualifying standards. You may contact the Real Estate Valuation Department's Land Use Coordinator at 772 -2035 ext. 215 for further details. At the conclusion of the presentation, Mr. Driver will answer questions of the Board members. Page 3 of 3 REAL ESTATE VALUATION WILLIAM E. (BILLY) DRIVER NWMORANDUM DIRECTOR OF REAL ESTATE VALUATION TO: Members of Roanoke Count Board of Supervisors Cla Goodman, Count Administrator Diane D. H Assistant Count Administrator Daniel R. O'Donnell, Assistant Count Administrator Paul M. Mahoney, Count Attorne Brent Robertson, Bud Director J i I I Loope, Actin Director of Economic Development Rebecca E. Owens, Director of Finance Teresa H. Hall, Public Information Officer FROM: Bill Driver, Director of Real Estate Valuation DATE: December 13, 2011 SUBJECT: 2012 Reassessment Schedule of Events Enclosed is a cop of the 2012 suni-mat of proposed assess ments. I hope that this- infonnation will serve as a g uide for each of y ou in answerin an q uestions, which y our constituents ma have as the receive their "Notices of Real Estate 'Assessillent Chan Below is a list of upcomin events related to assessment than es, informal appeals, and Board of E 9 hearin Januar 3, 2012 Notices mailed Januar 19 — Januar 27, 2012 Public hearin held b Assessor 7 S, staff Januar 19, 20, 24, 2517 26, 27 8-30 a.m. — 430 p.m. Januar 21 8:330 a.m. — 12:00 p.m. Januar 23 12:00 p.m. — 7-00 p.m. Januar 30 — Februar 16, 2012 Staff review of appeals. Ma 9'b, Au I", Noveniber V Board of E hearin Informal appeals are held within our office and allow the taxpa to schedule an appointment to meet directl with the appraiser who appraised their propert ask an q uestions which the ma have concernin the appraisal process, and make an appeals which the ma have related to the appraisal of that propert Each citizen who appeals is asked to identif his/her appeal complaint as either (A) Assessed hi than market value, or (B) Not assessed uniforml with similar properties in same of similar nei The schedule for public hearin does include one evenin and one Saturda in order to provide maximum opportunit for appeals b citizens. Each appraiser has the authorit duri the appeals and review process to adjust an assessments which the do not consider to be indicative of market value or consistent with the assessment of like properties. An citizen who appeals [Lis/her assessment is notified b mail of a decision to chan or not to chan his/her propert values. If the taxpa is not satisfied with the outcome of his/her informal appeal, he/she ma schedule a hearin with the Board of E After this, the ma choose to make a final appeal to the Circuit Court. We welcome the oppotunit to answer an q uestions which y ou ma have and encoura the taxpa of Roanoke Count to meet with us durin Otir-appeals to voice their concerns. If an of y our constituents would like to schedule a public hearin or speak with one ofour staff members concernin their assessment, please have them call (540) 772-2035 ext. 0. WED/sIp attacliment(s) P.O. BOX 29800 - ROAN E, VIRGINIA 24018 • PHONE ( 540),772-2040 9 Rec Paper 2012 Reassessment Percentage of Increase by Classification 1.5% 1.0% 0.5% 0.0% -0.5% -1.0% -1.5% -2.0% New Construction New Construction 2006 New Construction 2007 New Construction 2008 New Construction 2009 New Construction 2010 New Construction 2011 History of New Construction 150,000,000 125,000,000 100,000,000 75,000,000 P 50,000,000 $134 $147 $111 $65 $42 $47 —Single Family Residential - Urban • Single Family Residential - Suburban Multi - Family Residential Commercial / Industrial • Agricultural / Undeveloped (20 -99 Acres) Agricultural / Undeveloped (Over 99 Acres) New Construction 2006 • New Construction 2007 New Construction 2008 • New Construction 2009 New Construction 2010 mi New Construction 2011 12/7/2011 2011 2012 Difference Reassessment (Jan Reassessment (as Between Percentage of Class Description 1 land book) of 12- 04 -11) Assessments Change 01 -00 Single Family Residential - Urban 4,254 4,183,331,500 (70,936,200) -1.67% 02 -00 Single Family Residential - Suburban 2,369,728,600 2,357,310,600 (12,418,000) -0.52% 03 -00 Multi - Family Residential 235,437,900 233 (1,545,800) -0.66% 04 -00 Commercial / Industrial 990,952,600 999,344,300 8,391,700 0.85% 05 -00 Agricultural / Undeveloped (20 -99 Acres) * 172 174,555,100 2547700 1.48% 06 -00 Agricultural / Undeveloped (Over 99 Acres) * 30,888 30,321,900 (566,300) -1.83% Sub -total Commercial 990 999 8 0.85% Sub -total Residential 7 6,979,411,200 (82 -1.17% Total $8 $7 (74 -0.93% *SLEAC's (State Land Evaluation Advisory Council) recommended Land Use Values are used for the 2012 Reassessment. Assessment Increase Attributed To: New Construction $47 0.58% Market Value (121 (1.51 %) Total Increase (74,526 (0.93 %) Percentage of Increase by Classification 1.5% 1.0% 0.5% 0.0% -0.5% -1.0% -1.5% -2.0% New Construction New Construction 2006 New Construction 2007 New Construction 2008 New Construction 2009 New Construction 2010 New Construction 2011 History of New Construction 150,000,000 125,000,000 100,000,000 75,000,000 P 50,000,000 $134 $147 $111 $65 $42 $47 —Single Family Residential - Urban • Single Family Residential - Suburban Multi - Family Residential Commercial / Industrial • Agricultural / Undeveloped (20 -99 Acres) Agricultural / Undeveloped (Over 99 Acres) New Construction 2006 • New Construction 2007 New Construction 2008 • New Construction 2009 New Construction 2010 mi New Construction 2011 12/7/2011 C O � ro fu fu r w rt" o 4w 17 W � - L Q) N � O 0 N r--a r--a N M r--a N N U N id- = •3 O LL d t 00 �n r �n M o� O 7 �p LO 0 Cq TOM LO TOM TOM R d L V 0 �+ Q L LM 0 N U LM � Z p H � C O M cr) �p M C*+4 � CN ~ � C r r d} N N 0 J r� C � (A 0 L \ L 0 0 > D L D Q LM N () L L 0 Q LM Q 0 V O w 0 C4 0 0 a� a� 0 C� C� rl • • N O r*4 N U O C C N � N � O N p� N Ln ry) O N ru L 0 I--I • ru � U ru c a� c 'o a a ru c ru L 0 0 C: 0 x (U O 4-J� 0) 4mJ fu >% N M f0 � Z3 ui 3 O 0 , co � O � m E �w � O _ m (� L Q O rC) ru E ~ 0 LL • N O N L 0 L C z c ru TMMI all N N ru O r4q a) U N 0 L O ru C � ru ru n � L � o w ) 4=J ru ru O 4=J � � L w Q � � ru L 0 I--I • ru � U ru c a� c 'o a a ru c ru L 0 0 C: 0 x (U O 4-J� 0) 4mJ fu >% N M f0 � Z3 ui 3 O 0 , co � O � m E �w � O _ m (� L Q O rC) ru E ~ 0 LL • N O N L 0 L C z c ru TMMI all L � ru 0 4-J L � 0 Q) 0 ru Q) ('f) C '0 0 � U ro L C O � L � C � O N V 4-J (D U � Ul > 3: m O � ro O fu - S�. 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D -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2012 AGENDA ITEM: Briefing on closing the Headquarters Library for two weeks, December 17, 2011 - January 2, 2012 SUBMITTED BY: Diana Rosapepe Director of Library Services APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: After serving as Roanoke County's headquarters library for forty years, the HQ/419 Library at 3131 Electric Road will close for the last time at 6:00 p.m. on Friday, December 16. After the closing, the collection and all operations will be moved to the new South County Library, at 6303 Merriman Road. A dedication ceremony for South County is scheduled to begin at 10:00 AM on Tuesday, January 3; the building will formally open to the public at 11:00 AM the same day. Opening a new headquarters library is a rare and complicated undertaking. During the two weeks between the current facility's closing and the grand opening, more than 117 items from the library's collection must be moved from the HQ/419 Library to South County Library. When the move has been completed, the staff will interfile an additional 19,000 new items that are currently in storage. The moving company has estimated that it will take at least ten (10) days to transfer the collection, office materials, and workroom supplies. It will also be necessary to install and test 77 new computers for the public, move and reinstall staff equipment and establish network operations. Although cross training for this new high -tech library has been underway for nine months, different workflow patterns and some specific tasks, such as those related to operating the VOIP telephones, audio - visual equipment, after -hours lockers or the security systems, could not be finalized until the staff has access to the building itself. By opening day, they Page 1 of 2 will be expected to be proficient in these and several other areas so additional training will take place during the time the library is closed. The Library recognizes and regrets that closing represents a disruption in service to our patrons. We have taken steps to help mitigate some of the inconvenience to them, including extending the loan period for materials checked out from HQ/419 so they will not come due until after South County opens. We will leave the bookdrops at HQ/419 open and have arranged to empty them three (3)times daily until January 3. The web site will be updated regularly, online services including the e -book collection and reference databases will be kept current and available, and the email newsletter will push information to subscribers periodically. We have also been informing patrons of nearby or alternative library locations which they can use and have modified telephone messages to direct reference or assistance questions to the Hollins or Vinton libraries. The rest of the Library system will maintain regular operational schedules. Staff at those locations will be prepared to assist patrons, as needed. Page 2 of 2 ACTION NO. ITEM NO. E -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA ITEM: Resolution to allow the Director of Library Services to establish fees for the use of library meeting rooms based upon recommendations for the Library Board and approval of the County Administrator SUBMITTED BY: APPROVED BY: Diane D. Hyatt Assistant County Administrator Diana Rosapepe Director of Library Services B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In the past, the Library Board has set rates and policies for the use of community meeting rooms inside the county libraries. With the opening of the new South County Library, the rental rates will be significantly higher for the use of this facility and the state of the art equipment included in the meeting rooms. Staff cannot find any previous board actions involving the method for setting rates or the disposition of these funds. At this time, we would like to formalize the actions that have been used in the past, as follows: 1) The Director of Library Services is allowed to set rates for the meeting rooms and auditoriums at the county library facilities, based upon recommendations for the Library Board and approval of the county Administrator. 2) Revenues from the rental of library facilities are appropriated back to the library operations. Page 1 of 2 This is similar to the process used to set rates for Parks and Recreation facilities. FISCAL IMPACT: The rental rates collected from the use of the community meeting rooms will be deposited back to the library operations. STAFF RECOMMENDATION Staff recommends adopting the attached ordinance, authorizing the Director of Library Services to establish the rental rates for the library facilities, based upon recommendations of the Library Board, and approval of the County Administrator. In addition, these rental revenues will be appropriated to the Library operations. Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 RESOLUTION TO ALLOW THE DIRECTOR OF LIBRARY SERVICES TO ESTABLISH FEES FOR THE USE OF LIBRARY MEETING ROOMS BASED UPON RECOMMENDATIONS FOR THE LIBRARY BOARD AND APPROVAL OF THE COUNTY ADMINISTRATOR WHEREAS, the Library Board has adopted policies and fees for the use of the commUnity meeting rooms inside County libraries; and WHEREAS, with the opening of the new South county library the fees for the use of rooms within this new library will be increased; and WHEREAS, the Library Board and County staff requests the Board of Supervisors to authorize by resolution the authority of the Library Board and Director of Library Services to adopt policies and to establish fees for the use of community meeting rooms inside Roanoke county libraries. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. That the Roanoke county Library Board is authorized to adopt policies for the use of community meeting rooms inside Roanoke County libraries. 2. That the Roanoke county Director of Library Services is authorized to establish fees for the use of community meeting rooms inside Roanoke county libraries based upon recommendations from the Roanoke County Library Board and subject to final approval by the Roanoke County Administrator. 3. That all revenues from the fees for the use of community meeting rooms and the rental of library facilities shall be appropriated by the Board of Supervisors to library operations. Page 1 of 2 4. "chat the effective date of this resolution shall be January 1, 2012. Page 2 of 2 ACTION NO. ITEM NO. E -2 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: December 13, 2011 Resolution requesting the General Assembly of Virginia to maintain the moratorium on mining uranium during the 2012 General Assembly Session Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: Supervisor Moore has requested that the Board consider the adoption of a resolution on uranium mining in the Commonwealth. A corporation is seeking to lift the moratorium on uranium mining in the Commonwealth. "Fhis moratorium has been in place since 1983. Uranium mining, milling and waste disposal of generated wastes poses potential health and environmental problems. The Virginia Municipal League (VML) and numerous localities and organizations across the Commonwealth have adopted resolutions asking the General Assembly to continue the current moratorium on the mining and milling of uranium in the Commonwealth until independent scientific studies demonstrate that it is safe for the environment and the health of our citizens. Staff has drafted a resolution to this effect. It is similar to resolutions adopted by other local governments in the Commonwealth. STAFF RECOMMENDATION: It is recommended that the Board consider the adoption of this resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 RESOLUTION REQUESTING THE GENERAL ASSEMBLY OF VIRGINIA TO MAINTAIN THE MORATORIUM ON MINING URANIUM DURING THE 2012 GENERAL ASSEMBLY SESSION WHEREAS, the Board of Supervisors of Roanoke County, Virginia, recognizes that clean water, clean air and a healthful environment are critically important resources of the County and its surrounding region; and WHEREAS, the future economic development of our County and region are closely related to this region's healthy and pollution -free environment and natural beauty that currently make it so desirable as a destination for visitors and new residents; and WHEREAS, in 1983 the potential for mining uranium in the Virginia counties of Pittsylvania and Orange was proposed whereby the Virginia Assembly issued a moratorium on the mining and milling of uranium, which remains in effect today, until the industry could prove that it is capable of performing such activities without hazardous impacts to the natural resources and public health of the Commonwealth; and WHEREAS, a company known as Virginia Uranium, Inc., has proposed mining and milling the uranium ore at the Coles Hill Deposit in Pittsylvania County, Virginia, stating to its investors that it will seek legislation to repeal the moratorium in the 2012 session of the Virginia General Assembly; and WHEREAS, the mining operations proposed by Virginia Uranium, Inc. could result in large quantities of airborne radioactive dust and in highly mobile radioactive mill tailings which must be stored as sludge in ponds and eventually in dewatered tailings piles that can retain eight -five percent (85 %) of their original radioactivity for thousands of years; and WHEREAS, it is possible that these sludge ponds and tailings pile confinement Page 1 of 3 structures could fail, resulting in the release of radioactive materials into surface waters and the surrounding environment; and WHEREAS, unlike almost all uranium mining operations in North America that are currently located in arid regions or in areas remote from population, the Coles Hill site is in the Roanoke River basin, which serves as a drinking water source for over one million people in Virginia and North Carolina including several military bases, a source that would face increased risks associated with uranium mining and milling and storage of radioactive wastes; and WHEREAS, over sixty -five (65) communities, agencies and organizations throughout the region have gone on record as being opposed to the lifting of the moratorium on uranium mining until it can be shown it can be done without hazardous impacts to natural resources and public health; and NOW, THEREFORE BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, 1. That the Virginia General Assembly maintain the moratorium on mining uranium indefinitely, or until the industry provides proof through an independent scientific study that it is capable of performing such activities without hazardous impacts to the natural resources and public health of the Commonwealth. 2. The scientific study must be provided by a person or persons that are not affiliated with, employed by, or hired by Virginia Uranium Incorporated, its agents or employees, or any person or company that is involved in uranium mining or milling. 3. That the Clerk to the Board is directed to send a copy of this resolution to each member of the City's legislative delegation, the Virginia Association of Counties, the Page 2 of 3 Virginia Municipal League and to all groups currently studying uranium mining in the Commonwealth of Virginia. Page 3of3 ACTION NO. ITEM NO. E -3 Wye AT A REGULAR NIEE - SING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: December 13, 2011 Resolution adopting additional legislative initiatives for the 2012 session of the Virginia General Assembly and petitioning the General Assembly to favorably consider the topics and issues addressed herein Paul M. Mahoney County Attorney COUNTY ADMINIST'RATOR'S COMMENTS: SUMMARY OF INFORMATION: On October 11, 2011, the Board adopted a resolution establishing its legislative program for the 2012 session of the Virginia General Assembly. Since that time, several Board members have identified additional legislative initiatives to add to the County's legislative program. Attached to this Board report you will find a resolution that identifies these additional legislative initiatives. The first additional initiative is a proposal to amend Section 58.1 -3823 to authorize an increase in the authority for Roanoke County to impose a transient occupancy tax. Currently the County's authority for this tax is capped at five percent (5 %). Roanoke City and the City of Salem impose a seven percent (7 %) transient occupancy tax. The Convention and Visitor's Bureau (CVB) has requested all of the Roanoke Valley jurisdictions to increase their annual appropriation to support its operations. This increase in CVB funding would allow it to more aggressively market the Roanoke Valley for tourism. It is requested that Roanoke County's transient occupancy tax authority be increased from five to seven percent (5% to 7 %). Each one percent (1%) levy of this tax would generate approximately $144,000. If this taxing authority were increased then the County could enter into an intergovernmental agreement with the other Roanoke Valley jurisdictions and the CVB to increase its annual allocation in support of the CVB's operations. Page 1 of 2 The second additional initiative is a proposal to amend Section 15.2 -4904 to provide discretionary authority to local governing bodies to increase the membership of industrial development authorities /economic development authorities from seven (7) members to ten (10) members. STAFF RECOMMENDATION: It is recommended that the Board consider the adoption of this resolution. 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, DECEMBER 13, 2011 RESOLUTION ADOPOrING ADDITIONAL LEGISLATIVE INITIATIVES FOR THE 2012 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, on October 11, 2011, adopted a legislative program resolution for the 2012 session of the Virginia General Assembly; and WHEREAS, the Board has identified additional legislative initiatives for the 2012 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution for additional legislative initiatives for the consideration of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following additional legislative initiatives are submitted for its legislative program for the 2012 session of the Virginia General Assembly for its favorable consideration and adoption. 1. Transient occupancy tax — Currently Roanoke County's transient occupancy tax is capped at five percent (5 %). It is requested that Section 58.1 -3823 of the Code of Virginia be amended to allow Roanoke County to impose a transient occupancy tax not exceed seven percent (7 %). The Convention and Visitor's Bureau (CVB) has requested the County to allocate additional funds from this tax to support its operations. If this increase in the transient occupancy tax were approved, Roanoke County could enter into an agreement with the CVB to allocate these additional tax proceeds to its operations. Page 1 of 2 2. Economic Development Authority Membership — Current State Code limits industrial development authorityleconomic development authority boards to seven members. It is requested that Section 15.2 -4904 of the Code of Virginia be amended to increase the membership of these boards to ten (10) members within the discretion of the local governing body. That the Clerk to the Board of Supervisors is directed to send an attested copy of this resolution to Governor McDonnell, Senator John S. Edwards, Senator Ralph Smith, Delegate Greg Habeeb, Delegate Chris T. Head, Senator Stephen D. Newman, Delegate Onzlee Ware, Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council; Kevin S. Boggess, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley- Alleghany Regional Commission, and the Virginia Association of Counties. Page 2 of 2 s �0 ITEM NO. E -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA rrEM: Request to appropriate $25,000 to Roanoke County Schools from the Commonwealth of Virginia SUBMITTED BY: Dr. Carol Whitaker Assistant Superintendent of Personnel King Thompson Assistant Supervisor of Personnel APPROVED BY: B. Clayton Goodman III Count y Administrator E6- COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Each year, teachers who are Nationally Board Certified receive an incentive from the Commonwealth of Virginia that must be processed through Roanoke County Schools' accounting process. The Commonwealth of Virginia will electronically transfer $25,000 to cover the incentive to Roanoke County Schools. The payroll office will distribute funds on the next available payroll. FISCAL IMPACT: The personnel budget will be increased by $25,000. ALTERNATIVES: None STAFF RECOMMENDATION: Roanoke County Schools requests that $25,000 be appropriated to the Personnel Budget to provide the incentive for Nationally Board Certified Teachers. Page 1 of 1 ACTION NO. ITEM NO. F -1 rY AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROrANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA ITEM: SUBMITTED BY: Ordinance authorizing the purchase of approximately 14.4 acres of real estate (Tax Map No. 56.01 -01- 17.00) located along West Riverside Drive and adjacent to the Roanoke River from LSW HMW Family Limited Partnership for public use as a recreational amenity in the Catawba Magisterial District and reallocation of $20,000 from the Parks and Recreation budget for such purpose. Pete Haislip Director of Parks, Recreation and Tourism COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke, with support from the Roanoke Valley Greenway Commission, has negotiated a contract to acquire 14.4 acres from LSW HMW Family Limited Partnership for $15,000. The vacant parcel (Tax Map No. 56.01-01-17.00) is located in the Catawba Magisterial District and lies adjacent to the Roanoke River and West Riverside Drive. This is the first reading of an ordinance to authorize the acquisition of this real estate for public use as a passive recreation area and reallocate $20,000 from the Parks and Recreation budget for such purpose. Over the past several months, our staff has been meeting with Louis S. Waldrop (LSW HMW Family Limited Partnership) to acquire the subject property for recreational purposes. During our negotiations with Mr. Waldrop, he expressed his desire that this parcel be developed as a passive recreation area for a community park and potential route for the greenway. With this condition, Mr. Waldrop offered to sell Roanoke County a 14.4 acre portion of the parcel for $15,000, which is well -below the assessed value. The seller has demonstrated his commitment to the transfer of the property by signing a Contract of Sale with Roanoke county. According to County records, the total acreage of the property is 23.03 acres; however, according to preliminary research conducted by Balzer and Associates, Inc., it appears that Page 1 of 3 the total acreage is approximately 1 7.67 acres. A title exam and survey will be performed to verify these acreage discrepancies. The property is encumbered with drainage, power line, and sewer easements that restrict the development potential of the property. Additionally, a portion of the property falls within the floodway and floodplain. Acknowledging these environmental constraints, the County intends to preserve this property as a recreational amenity for citizens in the Roanoke Valley. As shown on the attached subdivision exhibit prepared by Balzer and Associates, Inc., two residential building lots, located near the intersection of Stonemill and Millwheel Drive, are being retained by Mr. Waldrop. Additionally, the existing stormwater management facility, located adjacent to the cul -de -sac of Kingsmill Drive, will be subdivided and conveyed by Mr. Waldrop to the Woodbridge, Sections 14 and 15, Homeowner's Association, Inc. Currently, the Woodbridge Homeowner's Association holds a perpetual easement for the operation, repair, and maintenance of the said storm water management facility (Deed Book 1359 Plat Book 1733). These three parcels are being subdivided and conveyed at the seller's expense prior to settlement with Roanoke County. The Roanoke River Greenway has been identified as a number one priority in the 2007 Update to - the Roanoke Valley Conceptual Greenway Plan. In cooperation with the City of Salem and the Roanoke Valley Greenway Commission, Roanoke County has recently entered into a contract with a consulting firm to determine a greenway route for the portion of the Roanoke River Greenway proposed between Green Hill Park in Roanoke County and Mill Lane in the City of Salem. The design, engineering, and construction of this proposed section of the greenway is being funded through State open Container Funds. The subject property is located within the scope of the study area along the Roanoke River; therefore, acquisition of this land is significant as a potential greenway route. Additionally, public input provided in the 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identifies the need for additional open space to support the recreational services desired by residents in the community. Due to the population growth anticipated in Roanoke county, staff strives to act in a proactive manner to ensure that citizens receive a high value for use of parks and recreational facilities in the County. Parks, trails, and open space are vital components to the sustainability of healthy living practices within our community. Residents supported this statement by ranking g reenways and small neighborhood parks as high - priority needs in Roanoke County. In summary, our staff believes that the acquisition of this property will be a great addition to the parks and recreation facilities currently operated by Roanoke County. The amount of frontage along the Roanoke River enhances the potential development of this parcel for passive recreational uses. We appreciate the support and cooperation demonstrated by Mr. Waldrop for the development of parks and recreational amenities which will serve residents throughout the Roanoke Malley. FISCAL IMPACT The purchase price of the property is $15,000. In addition, staff will need approximately $5,000 for the Phase I environmental assessment, boundary survey, title examination, title insurance and recordation expenses. - rhe sum of $20,000 is available in the Parks and Page 2 of 3 Recreation department budget and will be reallocated for such purposes. In accordance with the Contract, the sale of the property is contingent upon a boundary survey, title examination, and environmental assessment. Each of these items is currently being performed, and staff anticipates the receipt of these reports for presentation to the Board at the first reading on December 13, 2011. If unsatisfactory reports are received, the County may elect to terminate this contact upon written notice to the seller. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors approve the attached ordinance authorizing the purchase of approximately 14.4 acres of real estate (Tax Map Nos. 56.01- 01- 17.00) from LSW HMW Family Limited Partnership for recreational purposes. ATTACHMENTS A. Proposed Subdivision Exhibit prepared by Balzer and Associates, Inc. dated November 17, 2011. B. Map of the Roanoke Valley Conceptual Greenway Plan (2007) Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 ORDINANCE AUTHORIZING THE ACQUISITION OF APPROXIMATELY 14.4 ACRES OF REAL ESTATE (TAX MAP NO. 55.01- 1-17) ADJACENT TO THE ROANOKE RIVER AND WEST RIVERSIDE DRIVE FROM LSW HMW FAMILY LP, CATAWBA MAGISTERIAL DISTRICT AND REALLOCATING $20,000 FROM THE PARKS AND RECREATION BUDGET FOR SUCH PURPOSE WHEREAS, Roanoke County staff has been negotiating the acquisition of approximately 14.4 acres of real estate located adjacent to the Roanoke River and along West Riverside Drive from LSW HMW Family LP for development as a recreational amenity; and WHEREAS, on November 29, 2011, Roanoke County and the LSW HMW Family LP entered into a Contract of Sale for the purchase of this property, subject to approval by the Board of Supervisors; and WHEREAS, the County now wishes to approve and ratify the execution of said contract to complete the transfer of this real estate to the County for the purchase price of $18,000; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on December 13, 2011, and the second reading was held on January 10, 2012; and NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the contract of sale dated November 29, 2011, for the acquisition of approximately 14.4 acres of real estate, located adjacent to the Roanoke River and Page 1 of 2 along West Riverside Drive as shown on the attached diagram labeled Attachment A and being part of Tax Map No. 55.01 -01-1 7.00, for the sum of $'15,000 is hereby approved and ratified and further that the acquisition of said real estate is hereby authorized and approved. 2. That the sum of Twenty "thousand Dollars ($20,000) is available in the Parks and Recreation department budget to pay all of the costs of this acquisition, and will be reallocated for this purpose. This amount is for the purchase price of this real estate and for the various closing costs to complete this transaction, and due diligence expenses prior to purchase. 3. 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F -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA ITEM: SUBMITTED BY: Ordinance to accept the conveyance of approximately 9.15 acres of real estate located at 10148 Tinsley Lane known as Bent Mountain School from the Roanoke County School Board to the Board of Supervisors Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMAOrION: This ordinance authorizes the acceptance of a conveyance from the County School Board of Roanoke County of approximately 9.15 acres of real estate known as the Bent Mountain School located on Tinsley Lane. On November 10, 2011, the School Board adopted a resolution declaring this property to be surplus and authorizing the conveyance of this property to the Roanoke County Board of Supervisors. STAFF RECOMMENDATION: Staff recommends that the Board favorably consider the adoption of this ordinance at second reading. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 ORDINANCE TO ACCEPT THE CONVEYANCE OF APPROXIMATELY 9.15 ACRES OF REAL ESTATE LOCATED AT 10148 TINSLEY LANE KNOWN AS BENT MOUNTAIN SCHOOL FROM THE ROANOKE COUNTY SCHOOL BOARD TO THE BOARD OF SUPERVISORS WHEREAS, at their meeting on November 10, 2011, the County School Board declared the Bent Mountain School, a 9.15 acre parcel of real estate, to be surplus property, thus allowing the Board of Supervisors to obtain ownership of the property upon approval of this ordinance and recordation of a deed; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance will be held on December 13, 2011, and the second reading will be held on January 10, 2012. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That - the acquisition from the County School Board of Roanoke County of an approximate 9.15 acre parcel of real estate known as the Bent Mountain School is hereby authorized and approved. 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 1 of 1 r • 'w SF � f � � ♦ r + �Yrtw ' � I Y � { �� T + �. LiC- ti tyF ,fi ff �7 l�IJ+pr M P. FV l ow x x � Y _ 4 '> a _ it - -_ � • �•-. v J dr low 01 CD JOW ♦.` 4. ti- C + "tt�� '4. Y L Ab y ION ,� cu t ❑ RESOLUTION WHEREAS, the Roanoke County School Board has determined that it has no further use for the Bent Mountain. School (hereinafter the "School "); and WHEREAS, the School Board desires to transfer the School to the Roanoke County Board of Supervisors pursuant to § 22.1 -129A of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County School Board, pursuant to § 22.1-129A of the Code of Virginia, hereby declares the Scheel to be surplus; and BE IT FURTHER RESOLVED that a copy of this Resolution, signed by the Chairman and certified by the Clerk, shall be filed with the Clerk of the Circuit Court of Roanoke County; and BE IT FURTHER RESOLVED that the Chairman and the Clerk are authorized to execute a deed and such other documents and to do such other things as may be necessary to transfer title to the Property to the Roanoke Count and Supervisors. CHAIRM I hereby certify that the foregoing Resolution was duly adopted by the Roanoke County School Board at its regular meeting held on November 10, 201 L CLERK 1 ACTION NO. ITEM NO. F -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA ITEM: Ordinance authorizing the lease to Bent Mountain Center, Inc. for one year (plus option to extend for additional one -year periods) of the Bent Mountain Elementary School SUBMITTED BY: B. Clayton Goodman III County Administrator APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINIS'TRATOR'S COMMENTS: SUMMARY OF INFORMATION: The issue of granting a lease to a citizen non- profit group for the purpose of operating the former Bent Mountain Elementary School as a community center, funded by the nonprofit group has been discussed for several months. Work sessions have been conducted regarding this matter. On September 13, 2011, the Board held a reading on a proposed ordinance approving a sub -lease with the Bent Mountain Center, Inc. At that time the School Board was still the owner of the property, and the County would lease the property from the School Board. On November 10, 2011, the School Board adopted a resolution declaring this property surplus. Upon the recordation of this resolution and a deed, title to the property will be vested in the County. An ordinance accepting this conveyance is also on this agenda. Since there has been a material change in circumstances, the September 13, 2011, first reading is no longer effective. A new ordinance must be adopted by the Board. The first reading of this ordinance is scheduled for December 13, 2011. If approved at first reading, then the Board must schedule a second reading and public hearing. This could occur on January 10, 2012, or January 24, 2012. It does not appear at this time that there are any land use matters scheduled for public hearings on January 24, 2012. Page 1 of 2 Several actions must occur before this action is effective and the lease can be signed. First the Board must approve this ordinance. The Bent Mountain Center, Inc. must be incorporated, organize itself, and meet all of the incorporation laws of the Commonwealth of Virginia. Next the nonprofit group must achieve a 501 (C) 3 tax exempt status from the Internal Revenue Service (IRS). once the group has achieved its IRS tax exempt status and fulfilled its other necessary incorporation obligations, if any, the parties may execute the lease. Revisions are being made to the earlier draft lease. A copy of this lease will be submitted to the Board at the second reading of the ordinance. FISCAL IMPACT: Funds in the amount of $32,000 will be sought for seed money for the first year operations. The funds will be derived from June 30, 2011, year -end escrow requests. `these funds were appropriated by the Board on November 15, 2011. ALTERNATIVES: 1. Reject the proposed lease ordinance. 2. Approve the ordinance after second reading and public hearing and authorize the County Attorney to conclude negotiations with the Bent Mountain Center group and make minor adjustments which are not material in nature and execute the one -year agreement on behalf of the Board of Supervisors STAFF RECOMMENDATION: Recommend approval of Alternative 2. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANO KE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER '13, 20'1'1 ORDINANCE AUTHORIZING THE LEASE TO BENT MOUNTAIN CENTER INC. FOR ONE YEAR (PLUS OPTION TO EXTEND FOR ADDITIONAL ONE -YEAR PERIODS) OF THE BENT MOUNTAIN ELEMENTARY SCHOOL, AND APPROPRIATING FUNDS WHEREAS, at their meeting on November 10, 2011, the County School Board declared the Bent Mountain Elementary School, a 9.15 acre parcel of real estate, to be surplus property, thus allowing the Board of Supervisors to obtain ownership of the property upon approval of this ordinance and recordation of a deed; and WHEREAS, the Bent Mountain Center, Inc. has submitted a proposal to lease a portion of the Bent Mountain Elementary School property the Board of Supervisors; and WHEREAS, the Board of Supervisors finds that leasing a portion of the Bent Mountain Elementary School to the Bent Mountain Center, Inc., a 501C organization consisting of residents of the Bent Mountain community who are interested in preserving this structure as a community center will benefit the community; and 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 Charter of Roanoke County, a first reading concerning the disposition of the herein - described real estate was held on December 13, 2011; the second reading and public hearing was held on January 10, 2012; and 2. That the lease of a portion of the Bent Mountain Elementary School consisting of approximately square feet and the adjoining parking area Page 1 of 2 located at 10148 Tinsley Lane, Bent Mountain, Virginia is hereby authorized and approved; and 3. That funds in the amount of Thirty Two Thousand Dollars ($32,000) are hereby appropriated from June 30, 2011 year end escrow; and 4. That it is in the County's best interests to lease this property to Bent Mountain Center, Inc. for one year with additional one -year lease terms. This lease is subject to the provisions of Section 2.03 and 15.04 of the Roanoke County Charter. - rhe annual rental for this property is One Dollar ($1.00); and 3. That the rental income will be appropriated to an account for expenses related to the maintenance of this property. 4. That the County Administrator, or his designee, is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. Page 2 of 2 ACTION NO. ITEM NO. F -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Ordinance authorizing and approving execution of a lease agreement with Valley Communications for tower space to place two (2) dish antennas and associated equipment at 2811 Sycamore Drive Anne Marie Green Director of General Services B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Department of Communications and IT (CommIT) has been exploring ways to reduce costs in providing data and telephone services to County facilities. One method is to bring these services in -house as much as possible through the use of line -of -sight towers. CommlT has chosen the Public Service Center on Kessler Mill Road as the first site for testing this methodology, which will require leasing a nearby site, located at 2811 Sycamore Drive, for placement of two dish antennas and associated equipment. The property is owned by AMC Investors, Inc. and managed by Valley Communications. The lease price is $300.00/month, and the lease term will begin on January 1, 2012. The lease period is one year, with a renewal option of additional one year terms for up to five years. This project is currently on - the Commit project list. FISCAL IMPACT: The cost of the lease will be covered from the Comml budget. It will be offset by the reduction in cost for telephone and date lines to the Public Service Center. ALTERNATIVES: Page 1 of 2 1. Approve the attached ordinance and set it for second reading at the first meeting in January, 2012. 2. Do not approve the attached ordinance, which will result in a higher cost to the county for data and phone lines for the Public Service Center. STAFF RECOMMENDATION: Staff recommends Alternative One. 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, DECEMBER 13, 2011 ORDINANCE AUTHORIZING AND APPROVING EXECUTION OF A LEASE AGREEMENT WITH VALLEY COMMUNICATIONS FOR TOWER SPACE TO PLACE TWO (2) DISH ANTENNAS AND ASSOCIATED EQUIPMENT AT 2811 SYCAMORE DRIVE WHEREAS, the Department of Communications and IT (CommIT) have been exploring ways to reduce the cost of providing data and telephone services to County facilities; WHEREAS, one method to accomplish that goal is to bring the services in -house as much as possible through the use of line -of -sight towers; and WHEREAS, CommlT has chosen the Public Service Center on Kessler Mill Road as the first site for testing the methodology, it will require leasing a nearby site, located at 2811 Sycamore Drive for the placement of two dish antennas and associated equipment; and WHEREAS, the property is owned by AMC Investors, Inc. and managed by Valley Communications, staff has negotiated with Valley Communications to lease the premises for a period of one (1) year from January 1, 2012, at a rental of $300 per month with a renewal option of additional one (1) year terms for up to five (5) years; and WHEREAS, this site is necessary to lower the cost to the County for data and phone lines for the Public Service Center; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on December 13, 2011; and the second reading was held on January 10, 2012. Page 1 of 2 THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That lease of Tower space for two (2) dish antennas and associated equipment for a period of one (1) year at an annual rental of $3600, payable monthly in the amount of $300, commencing as of January 1, 2012 and ending on December 31, 2012 is hereby authorized and approved. 2. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement 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 and subject to the conditions approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 ACTION NO. ITEM NO. G -1 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: December 13, 2011 Ordinance amending Chapter 13. — "offenses - Miscellaneous" providing for an urban archery deer season in Roanoke County Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This ordinance establishes additional County restrictions on the urban archery deer season for Roanoke County. This ordinance has been requested by Supervisor Ed Elswick. On July 20, 2011 and October 1 1 , 2011, the Board held work sessions on this proposed ordinance. The first reading of this ordinance was held on November 15, 2011, and the ordinance was amended for the second reading to be held on Decen ,. fiber 13, 2011, to add language making it unlawful for any person to engage in hunting with a bow within one hundred (1100) yards of a dwelling house or occupied building not his or her own. (See new sub - section (d). The Virginia Department of Game and Inland Fisheries (VADGIF) established an urban archery season during 2002 to assist towns and cities across the Commonwealth with urban deer management issues. The urban archery season gives localities a means to reduce deer populations within their limits while at the same time providing hunting recreation. The regulation that establishes this season is permissive, and the season is available to every incorporated city and town in Virginia and to every county with a human population density of three hundred (300) persons per square mile or more (Roanoke County's population density is three hundred forty five (345) persons per square mile). Therefore, the season is only "open" in those towns, cities and counties that requested to participate in writing. Any locality participating in the urban archery season will remain in the program until it Page 1 of 2 notifies the VADGI F otherwise by mailing a certified letter to the Department prior to April 1 of its intent not to participate in the special urban archery season. A locality that is not currently participating, but wishes to do so, shall submit by certified letter to the Department prior to April 1 notice of its intent to participate in the urban archery season. Therefore, the urban archery season in Roanoke County could not begin until the 2012-2013 hunting season beginning in September of 2012. The primary effect of this proposal is to expand the archery hunting season. STAFF RECOMMENDATION: It is recommended that the Board consider the adoption of the draft ordinance. Page 2 of 2 AT REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 ORDINANCE AMENDING CHAPTER 13. - "OFFENSES - MISCELLANEOUS" PROVIDING FOR AN URBAN ARCHERY DEER SEASON IN ROANOKE COUNTY WHEREAS, human/deer conflicts are increasing in Roanoke County and these conflicts have caused damage to vehicles and personal property; and WHEREAS, the adoption of local ordinances prohibiting the discharge of - firearms have created large tracts of land that act as sanctuaries for unregulated growth of deer populations; and WHEREAS, archery deer hunting is an effective and quiet method for harvesting deer in urban settings; and WHEREAS, the Board of Supervisors finds that establishing an urban archery deer season in Roanoke County would minimize these human/deer conflicts and would be an effective deer management option; WHEREAS, the first reading of this ordinance was held on November 15, 2011 and the second reading was held on December 13, 2011. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article I. -In General of Chapter 13.- Offenses- Miscellaneous be amended by the addition of a new section, Section 13 -5.5. -Urban archery hunting season to read and provided as follows: Section 13 -5.5. -Urban archery hunting season. Page 1 of 3 Archery deer hunting is permitted within the county limits by licensed hunters during an approved Virginia Department of Game and Inland Fisheries Urban Archery Season. In addition to the urban archery season, archery deer hunting is also allowed during the early archery deer season, the general firearms deer season, and the late archery deer season. Licensed archery deer hunters must abide by all applicable sections of the Virginia State Code and Virginia Hunting Regulations (including bag limits and tagging /checking requirements). It shall be unlawful and a Class 1 misdemeanor for any person, while hunting deer during the county's archery season, to violate any of the following additional county restrictions: (a) Any person discharging a bow shall, at all times, while engaged in such activity, have in his possession written permission from the landowner(s) to discharge such a weapon on his premises. (b) No person shall discharge a bow from, over or across any street, sidewalk, alley, near primary or secondary highways, roadway, or public land or public place or near a public school and county/town/regional parks within the County limits or toward any building or dwelling in such a manner that an arrow may strike it. (c) No person may discharge a bow unless from an elevated position of at least ten (10) feet above the ground. (d) It shall be unlawful for any person to engage in hunting with a bow or to discharge arrows from bows within one hundred (100) yards of a dwelling house or occupied building not his or her own. A "bow" includes all compound bows, crossbows, longbows and recurve bows that have a peak Page 2of3 draw of less than ten (10) pounds or that are designed or intended to be used principally as toys. The term "arrow" means a shaft -like projectile intended to be shot - from a bow, 2. That this ordinance shall be full force and effect from and after January 1 , 2012. Page 3of3 ACTION NO. ITEM NO. G -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE'rING DATE: December 13, 2011 AGENDA ITEM: Ordinance approving the new Intergovernmental Agreement between the City and County of Roanoke for joint use of the 800 MHZ Radio System SUBMITTED BY: Bill Greeves Director of Communications and Information Technology APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINIS'TRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 2007, Roanoke County began an upgrade to a digital radio system format, while the City of Roanoke opted to remain on the analog platform. Roanoke County proceeded to fund the infrastructure costs of upgrading to the digital radio platform and negotiated a contract with Motorola for the project services and related equipment. In the fall of 2009, the County completed its transition to the digital platform. During this period of divergence of the two systems, both of the organizations have expended effort and resources to ensure they continue to inter - operate for the benefit of the public safety agencies and citizens of the County and City. Roanoke County has been working with the City of Roanoke to transition the City's public safety radio channels to the digital radio technology. This conversion will restore the city and County to a jointly owned public safety radio system, which is to the benefit of the entire Roanoke Valley. This restoration of the Public Safety radio System to joint use also requires a new Intergovernmental Agreement between the City and County to outline the roles, responsibilities and cost sharing of - the combined system. This new agreement will replace the fifteen year agreement that was ratified in 1997 and set to expire in 2012. Page 1 of 2 FISCAL IMPACT: There is no direct fiscal impact. This agreement continues the 50150 cost sharing arrangement set forth in the original agreement, which will reduce the overall burden of system operation for the County. STAFF RECOMMENDATION: Staff recommends approving - this agreement for - the joint use of this Public Safety Radio System. 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, DECEMBER 13, 2011 ORDINANCE APPROVING A NEW INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ROANOKE AND THE COUNTY OF ROANOKE FOR THE JOINT 800 MHZ PUBLIC SAFETY RADIO SYSTEM WHEREAS, the County of Roanoke and the City of Roanoke previously entered into an Intergovernmental Agreement dated December 17, 1997, for the purpose of expanding the County's existing Soo MHZ trunked radio communication system ( "the System ") to serve both the County and the City's fire, police, emergency and other radio communications needs pursuant to Section 15.2 -1300 of the Code of Virginia (1950), as amended; and WHEREAS, that original Intergovernmental Agreement was for a term of fifteen (15) years and was set to expire in 2012, and said Agreement has been previously amended in October 2001, September 2005 and October 2009, in connection with operational details for the System and the FCC rebinding project; and WHEREAS, the County completed its transition to the digital radio platform in the fall of 2009 and has subsequently worked cooperatively with the City on the transition of its public safety channels to the same digital radio technology and WHEREAS, the implementation of digital radio systems in both jurisdictions provides for a jointly owned and operated public safety radio system for the enhanced safety and welfare of the entire Roanoke Valley while continuing the 50150 cost sharing arrangement provided for in the original Agreement and its amendments; and WHEREAS, as a result of the full integration of a joint radio system, the County and City staff have negotiated a new Intergovernmental Agreement to provide a clear, Page 1 of 2 description of services, responsibilities, roles, ownership of property and cost of services to maintain the system as a joint system of the County of Roanoke and the City of Roanoke under the term of the Agreement; and WHEREAS, the first reading of this Ordinance was held on November 15, 2011 and a second reading was held on December 13, 2011 NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Intergovernmental Agreement for the Joint Use of the 800 MHZ Radio System between the County of Roanoke and the City of Roanoke is approved. 2. That the County Administrator is hereby authorized to execute the Intergovernmental Agreement for - the Joint Use of the 800 MHZ Radio System upon such form as approved by the County Attorney. 3. That this Ordinance shall be in effect from and after its adoption. Page 2 of 2 THIS INTERGOVERNMENTAL AGREEMENT ( "Agreement ") for the establishment of a Joint Public Safety Radio System is entered into as of the day of , 2011 by and between the CITY OF ROANOKE (the "City "), a municipal corporation of the Commonwealth of Virginia, and the COUNTY OF ROANOKE (the "County "), a political subdivision of the Commonwealth of Virginia; RF,CTTA1A% WHEREAS, the City and County have the power to establish a system to serve their fire, police, emergency and other radio communications; and WHEREAS, the City and County have determined that it is in their mutual best interest to jointly cause the existing County 800 MHz trunked radio communications system to be equipped to serve the fire, police, emergency and other radio communication needs of both the City and County thus creating the Roanoke Valley Radio System (RVRS) 9 and WHEREAS, pursuant to Section 15.2 -1300 of the Code of Virginia, 1950, as amended, the City and County have determined to exercise jointly their powers with respect to the System, as provided for in this Agreement, and WHEREAS, the City and County desire to enter into this Agreement for the purpose of providing the details relating to the operation of the System and the relationship among the City and County; WITNESSETH THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements contained herein, the parties hereto, pursuant to the provisions of Section 15.2 -1300 of the Code of Virginia (1950), as amended, do covenant and agree to the following; I. DEFINITIONS AND WARRANTIES A. DEFINITIONS 1. "Agreement" shall mean this Intergovernmental Agreement and any and all amendments hereto. 2. "Associated System Assets" shall mean System assets and equipment not designated as Fixed Network Equipment that are required for operation of the System, and shall include buildings, dispatch center furniture, fences, generators, grounding systems, HVAC systems, rights of way, roadways, site leases, towers, uninterruptible power supplies (UPS) and the fire alerting MOSCAD equipment. 3. "City" shall mean the City of Roanoke, Virginia, its successors and assigns. 1 4. "County" shall mean the County of Roanoke, Virginia, its successors and assigns. 5. "Fixed Network Equipment" shall mean the System equipment both currently owned and to be purchased by the City and County and located at System sites. This equipment is the infrastructure necessary to facilitate the use of subscriber units on the 800 MHz trunked radio System and other Radio Communications systems and shall include all equipment that is common to both City and County such as antenna network equipment, base stations, controllers, fault management network equipment, radio console equipment at all dispatch centers, microwave network equipment, and simulcast network equipment. 6. "Subscriber Equipment" shall mean the mobile and portable radios used by the City and County on the System. 7. "System" shall mean the radio communications system to be jointly constructed and operated by the City of Roanoke and County of Roanoke. B. REPRESENTATIONS AND WARRANTIES Each of the governing bodies which are parties hereto respectively makes the following representations and warranties, all of which shall continue for the duration of this Agreement: 1. It has full power and authority to enter into this Agreement and to consummate and carry out the transactions contemplated by this Agreement. It has taken or will take all action required by this Agreement and other applicable laws in connection therewith. 2. It has duly authorized the execution and delivery of this Agreement. 3. The execution and delivery of this Agreement and the performance of its obligations hereunder are within its corporate powers and will not conflict with, or constitute a breach or result in a violation of (1) any Federal or Virginia Constitutional or statutory provision, (2) in any material respect, any agreement or other instrument to which such party is a party or by which it is bound, or (3) any order, rule, regulation, decree or ordinance of any court, government or governmental authority having jurisdiction over it or its property. 4. There is no litigation at law or in equity or any proceeding before any governmental agency pending or, to its knowledge, threatened with respect to (1) its existence, (2) its authority to execute and deliver this Agreement, (3) the validity or enforceability of this Agreement or the transactions contemplated hereby, (4) the title of its officers who are executing this Agreement, or (5) any authority or proceedings relating to its execution and delivery of this Agreement. 5. It is a duly organized and validly existing public body politic and corporate. N II. DURATION OF AGREEMENT This Agreement shall take effect upon its proper execution pursuant to and by ordinance or resolution of the governing bodies of the parties hereto. The initial term of this Agreement shall be fifteen (15) years following its date of execution. Upon expiration of the term of the Agreement, this Agreement may be renewed subsequent terms of five years each upon the mutual agreement of the parties, until terminated by the parties as provided in Section X of this Agreement. III PURPOSE The purpose of this Agreement is to provide the terms and conditions of the joint undertaking of the parties hereto with respect to the System as required by Section 15.2- 1300, Code of Virginia (1950), as amended. The joint undertaking will involve shared operation and maintenance of the System, and all other things necessary or proper to carry out the foregoing purpose. Details of governance, technical operations and administrative management of the shared radio system will be maintained in a separate document, the Roanoke Valley Radio System Governance and operations Manual, Attachment A which is incorporated herein and made a part of this Agreement. IV. SYSTEM CONSTRUCTION AND FINANCING A. FIXED NETWORK EQUIPMENT: The System shall be constructed with the City and County jointly acquiring such Fixed Network Equipment as necessary to meet their individual and mutual communication goals. The City and County have agreed upon a shared cost for the acquisition of existing County equipment for the effective operation of the Roanoke Valley Radio System. The System will utilize one site in the City (Mill Mountain) and three sites in the County (Crowell's Gap, Fort Lewis Mountain, and Poore Mountain) to provide seamless City and County wide coverage for its users. The City will allow placement of County Fixed Network Equipment at its Mill Mountain site, and the County will allow placement of City Fixed Network Equipment at its Crowell's Gap, Fort Lewis Mountain and Poore Mountain sites, in order to achieve the goal of seamless coverage. There shall be no charge by the City or County to the other party for access to System Fixed Network Equipment at any site for radio communications purposes. The County's Public Safety Center, located on Cove Road at 5925 Cove Road, Roanoke Va. will serve as the primary equipment site for the System. The City Emergency Communications Center (ECC) located at-215 Church Ave SW, Roanoke, Va. and the County ECC located at 5925 Cove Road, Roanoke, Va. will serve as backup dispatch locations to each other in certain emergency situations. The location of such centers is subject to change upon notice to the other parties. 3 The City and County hereby agree to fund their respective cost shares of the total cost for Fixed Network Equipment. The County's Purchasing Division of the Finance Department, or its successor agency, will serve as the primary contractor for procurement purposes. B. ASSOCIATED SYSTEM ASSETS: The City and County shall mutually agree to share the costs of any additional Associated System Assets which they determine are necessary for the effective operation of the Roanoke Valley Radio System. Ownership of such Assets shall be shared in proportion to the contribution of each party to the purchase of each Asset. C. SUBSCRIBER EQUIPMENT: The City and County each will purchase and maintain their own respective subscriber units. D. CLAIMS FOR COSTS OR DAMAGES: In the event that any claim for costs or damages is made against the City, the County or both, arising out of the Contract or as a consequence of the operation of this Agreement, the City and County System Managers shall jointly develop and recommend to their governing bodies a proposal for allocation of such costs or damages and for settlement of any claim. If the System Managers are unable to agree to a recommendation, the claim will then be handled in accordance with the procedure for "Resolution of Disputes" as set forth in Section VII.C. V. OWNERSHIP OF SYSTEM ASSETS A. EXISTING SITES AND EQUIPMENT: Ownership of the four existing sites, including all real and personal property at each site owned by the City or County, respectively, at the date of this Agreement, shall not change. Each party shall retain ownership of any Associated System Assets, Fixed Network Equipment, including FCC licensed radio equipment, or Subscriber Equipment currently owned by that party. B. NEW SYSTEM EQUIPMENT: Ownership of any new Fixed Network Equipment acquired for use in the operation of the System shall remain with the party purchasing such equipment, if purchased solely by that party. If purchased with joint funds of both parties, ownership shall be divided among the purchasing parties in the same proportion that each party contributed toward the purchase. C. NEW SUBSCRIBER EQUIPMENT: Ownership of any new Subscriber Equipment acquired for use in the operation of the System shall remain with the party purchasing such equipment. D. INVENTORY OF SYSTEM ASSETS: The parties to this Agreement shall cooperate in the development of an accurate inventory of substantial system assets, generally those exceeding One Thousand Dollars ($ 1,000) in value, to distinguish jointly owned assets from assets to be individually owned by either the City or the County during the term of this agreement or upon its termination. 4 VI. REPLACEMENT OF SYSTEM ASSETS A. EXISTING ASSOCIATED SYSTEM ASSETS: Each party to this Agreement represents and warrants to the other that the Associated System Assets owned by that party at the signing of this Agreement is performing within specifications on the date of the signing of this Agreement. In the event that any existing Associated System Asset is not initially (within thirty days of the date of this Agreement) performing within specifications, it shall be the responsibility of the owning party to replace such equipment with mutually approved equipment. B. NEW AND EXISTING FIXED NETWORK EQUIPMENT: The parties to this Agreement shall be jointly responsible for the replacement as necessary of Fixed Network Equipment, to include system software updates, utilized in the System for the mutual benefit of the City and County. Replacement casts shall be shared equally by both parties unless as otherwise mutually agreed. Ownership of replacement equipment shall be equally divided between the City and County unless as mutually agreed by the parties. C. SUBSCRIBER EQUIPMENT: Each party to this Agreement shall be solely responsible for the replacement of all Subscriber Equipment owned by that party. VII. SYSTEM MANAGEMENT AND MAINTENANCE A. CITY AND COUNTY SYSTEM MANAGERS: The City Manager City's Director of its Department of Technology will serve as the City System Manager and the County County's Director of Communications and Information Technology will serve as the County System Manager. B. SYSTEM MANAGER RESPONSIBILITIES: The City and County System Managers will jointly develop and implement policies and procedures necessary for the efficient and effective operation and maintenance of the combined System. In addition, they will oversee maintenance functions of the system and be responsible for administrative functions, including City and County billing for maintenance. Finally, they will develop a record keeping system adequate to facilitate the effective administration of this Agreement, to include accurate initial and on -going listings of System assets owned by both parties to this Agreement. The parties desire that such inventory listing shall be updated and verified on the anniversary date of this Agreement. C. RESOLUTION OF DISPUTES: Any System management issues that cannot be resolved by the City and County System Managers will be referred to the City's Assistant City Manager and the County's Assistant County Administrator for review and resolution. Issues that cannot be resolved at this level will be referred to the City Manager and County Administrator. If there is no resolution at this level, the issue will be submitted to nonbinding alternative dispute resolution procedures as shall be agreed upon by the parties D. SYSTEM ASSET MAINTENANCE & UPGRADES 5 1. Associated System Assets — Cost and labor associated with the routine maintenance of Associated Systems Assets shall be shared equally by both parties. Each party must maintain Associated Systems Assets In a manner that will not interfere with the operation of the combined System. Expenses for major repairs, including the overhaul or replacement of major units such as a generator, tower, or UPS, may be cost shared in a manner mutually agreeable to all parties. 2. Software Upgrades & AntiVirus — It is imperative that the proper software versions and anti -virus signatures be maintained at satisfactory versions. Both parties to this Agreement shall be jointly and equally responsible for the costs associated with software upgrades. Software upgrades will be conduct in a timely manner, as defined by the Governance. Planning for, funding of and scheduling of software upgrades, and necessary equipment upgrade and or replacement, will be coordinated through the Governance team, as defined in the Roanoke Valley Radio System Governance and Operations Manual — Attachment A. 3. Fixed Network Equipment — Both parties to this Agreement shall be jointly responsible for the maintenance of Fixed Network Equipment beginning when the City gains beneficial use of the System, as determined by Motorola Solutions, Inc. Thereafter maintenance expense shall be shared on a 50150 basis. The County shall serve as the contracting agent as it pertains to this agreement for the establishment of a maintenance contract with Motorola Solutions, Inc. The City System Manager shall have a right of approval before the County enters into such a contract and upon any changes to such a contract. The County shall bill the City for the City's portion of the contract, which shall be based on a 50150 division of the costs for the Fixed Asset maintenance. Any costs associated with Associated System Assets used by only one agency shall be paid exclusively by that agency, Maintenance or associated costs not covered by such a contract will be agreed to in advance by both parties, paid by the County and the County will bill the City for the City's agreed upon portion of the bill. All invoices from either party shall be paid in full by the other party within 30 days of the invoice date. The County will keep detailed records of such maintenance actions for a period not less than 3 years. These records shall be available for review by the City's System Manager upon request. Maintenance expenses may include, but are not limited to, Motorola Solutions, Inc. or other maintenance contracts for repair or replacement of cards, boards, units, replacement parts and preventative maintenance of the Fixed Network Equipment that is utilized in the System for the mutual benefit of the City and County. When the capacity of the system is no longer adequate to meet the aggregate needs of the parties, or as new technologies emerge that will provide an improved radio system, the parties shall jointly pursue the acquisition of additional frequencies or equipment necessary to utilize such technologies or frequencies. A mutually agreeable cost sharing arrangement shall be negotiated by the parties for the AD acquisition of necessary equipment, and incorporated as an amendment to this Agreement. 4. Subscriber Equipment — Each party to the Agreement shall be solely responsible for maintenance of Subscriber Equipment owned by that party. E. ADDITION OF NEW GOVERNMENTAL USERS: Both the City and County System Managers must agree to the conditions under which additional governmental users that do not have radio unit allocations may be added to the System. The governing body of each party to this Agreement shall formally agree to any third party addition to the Roanoke Valley Radio System. F. GOVERNING BOARD -As stated in the governance policy attached as Exhibit A, both parties Department Managers and Radio Managers of their respective Departments of Technology shall comprise the governing board for purposes of management and oversight of this Agreement. VIII. INSURANCE OF EQUIPMENT The County shall insure the personal property (Fixed Network Assets) that comprises the entire Joint 800 MHz Radio System located at either the County or City sites. The County shall maintain an insurance deductible of not more than $1 000 per occurrence, subject to the availability on the commercial market, or otherwise will not hold the City liable for any amount over 50% of the deductible per occurrence as a result of damage or loss occurring to the equipment that is covered by insurance. The County may bill the City for the cost differential in insurance premiums resulting from adding City equipment locations to the County's current insurance policy. Associated System Assets that are eligible to be insured under the County's policy may also be insured in the same manner with the owning agency being responsible for the additional insurance premiums. X. TERMINATION OF AGREEMENT A. RIGHT TO WITHDRAW: Any party to this Agreement has the right to withdraw from this Agreement after its initial term. No such termination shall become effective until twenty -four (24) months after written notice thereof shall have been given to all the other parties thereto. B. DISPOSITION OF JOINT EQUIPMENT: In the event of termination, equipment purchased with joint funds of the parties shall remain on the site to which assigned, and the terminating party shall be reimbursed for its share of the equipment purchased with joint funds. The reimbursement shall be the original cost less depreciation, as determined by an independent auditor qualified to value public radio systems jointly selected and compensated jointly in equal amounts by all parties to the Agreement. Reimbursement shall occur within twelve (12) months of the date of termination. C. DISPOSITION OF SEPARATE EQUIPMENT: The terminating party may remove any or all of its own separate equipment, unless the removal of the equipment will 6 render the System inoperable. In such case, the party may not remove the equipment, but shall be reimbursed pursuant to section X.B, above. XI. MISCELLANEOUS A. AMENDMENTS: This Agreement may not be amended, modified or otherwise altered without the express written consent of all parties hereto. XII. ATTACHMENTS A, ROANOKE VALLEY RADIO SYSTEM GOVERNANCE AND OPERATIONS MANUAL, which is made a part of and incorporated into this Agreement. WITNESS the following signatures and seals: CITY OF ROANOKE ATTEST: By: Title • Date: COUNTY OF ROANOKE ATTEST: By: Title: By: Title: Date: B Title: Date: Date: 8 ACTION NO. ITEM NO. G -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE1 "ING DA AGENDA ITEM: SUBMITTED BY: APPROVED BY: December 13, 2011 Ordinance authorizing conveyance of a variable width water and sanitary sewer line easement to the Western Virginia Water Authority within a public right -of -way known as Green Tree Lane, said right-of-way having been dedicated to the Board of Supervisors, Catawba Magisterial District Joseph B. Obenshain Senior Assistant County Attorney B. Clayton Goodman County Administrator � COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is the first reading of an ordinance that dedicates a variable width water and sanitary sewer easement on a currently unfinished or "paper" street which is part of North Lakes Subdivision, Section 9, which public right of way was dedicated and conveyed in 1972 to the Board of Supervisors of Roanoke County in the Catawba Magisterial District. Owner /developers who own lots fronting on Green Tree Lane have requested this easement in order to permit construction of housing units on this public street. A plat prepared by Balzer & Associates, Inc. showing the location of this easement within the boundary lines of Green Tree Lane, including a terminating cul -de -sac, designated "Exhibit `A' variable width water and sanitary sewer easement for the benefit of the Western Virginia Water Authority, Green Tree Lane, County of Roanoke, Virginia, November 7, 2011, Job #81100110.0 ", is attached. Second reading will be held December 13, 2011. FISCAL IMPACT: No fiscal impact to Roanoke County is anticipated. Page 1 of 2 ALTERNATIVES: 1. Adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for conveyance of the permanent easement on Roanoke County property as requested by Western Virginia Water Authority (WVWA). 2. Decline to adopt the proposed ordinance. STAFF RECOMMENDATION: County staff recommends that the Board of Supervisors adapt the proposed ordinance as provided in Alternative 1. 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, DECEMBER 13, 2911 ORDINANCE AUTHORIZING CONVEYANCE OF A VARIABLE WIDTH WATER AND SANITARY SEWER LINE EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY TO BE LOCATED WITHIN A PUBLIC RIGHT -OF -WAY KNOWN AS GREEN TREE LANE, SAID RIGHT -OF -WAY HAVING BEEN DEDICATED TO THE BOARD OF SUPERVISORS, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Western Virginia Water Authority (WVWA) requires an easement for underground water and sewer lines within the public right -of -way known as Green Tree Lane to provide water and sewer service to the area, all as shown on the plat entitled "VARIABLE WIDTH WATER AND SANITARY SEWER EASEMENT EXHIBIT FOR THE BENEFIT OF THE WES - FERN VIRGINIA WATER AUTHORITY, GREEN TREE LANE, COUNTY OF ROANOKE, VIRGINIA," (Exhibit A) dated 111712911; and WHEREAS, Green Tree Lane was dedicated in fee simple to Roanoke County by subdivision plat of Section 9, North Lakes Subdivision, dated February 28, 1972, and recorded in Plat Book 8, page 15 in the Roanoke County Circuit Court Clerk's Office; and WHEREAS, the proposed right -of -way 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 18.94 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on November 15, 2911, and a second reading was held on December 13, 2011. 2. That pursuant to the provisions of Section 15.91 of the Roanoke County Page 1 of 2 Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to WVWA for the provision of water service. I That donation to WVWA of an easement for underground water and sewer lines and related improvements, within the easement area designated on the above- mentioned map, on the county's property known as Green Tree Lane to provide water and sanitary sewer service to the area 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 Z � N�1'OOOh ^O Z o� J ^^ J 0 0 0 0 0 0 0 0 p Q ; 0 0 � 0 0 0 0 � � eFhheFO0O0 ~ Z oo Z w 11''^^ NN�O�ti) Jm �4 GO :;t WJ� C3 ( ( C 7VIOL ,Li V* 3.LV 'Z.SLS— v -4 °o �w Z oN W 00 WoW W �Wop O I �� �n Z � � oN 3 ON ca ISO UQ h I UQ cn W — oN o UJ � N 00 w ,ZO'8tl ADD, «.i►LN W W W L > L O r*", V E - 4 Z L j C 1 4 � !�Z + ZoN �� I � °o � � � g Y W i a m W Q LL w 0 0 II •• o O Z Z p N I--I ~ W W Z 0„ fl. 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S r7 Q� LLI OO v J O J� Nk� cn Z W ° Q = .S•g •!p� xa �s� 3 W ° _ �• x`00 mod', O w a (1) xa 0 9 �d'�N �= C-) W vi z ~z \ W W �AAI� 7�g • h ` a w wo �= Z W � �aDhh�o AAA ^^ N o, o.c•o 0 a O —Z O N N N N t = II II Z �i �'a' 00 � 6 p w ° vi AAAA `� haZ11 II OOo }cWW 0 _ \S OTC .� .O .C�— 'U k4!:Z g O W H z Q_ W �ws Q] W OO 0 0 O z W \ Z Op U g WW wQ_ O > c a 0_ >°� 00 0 w O V � 0 C -) w W W 3 a> U a� J LL. W m O 0 p Z U 6w g zoo MU) W CL d ° Q_ Z ° • �i a S ee es �` ' 0-° Z = 0--Z Q1 2 N M 4 1A tC D p ACTION NO. ITEM NO. H -1-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTFRATiON CENTER MEE'rING DATE: December 13, 2011 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman II County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by District) The following one -year term expired on August 31, 2011: a) James M. Chewning representing the Vinton Magisterial District, one -year term will expire on August 31, 2011 2. clean Valley Council The following two -year term expired on June 30, 2011: a) Stephen McTigue, the Board Liaison 3. Library Board (appointed by District) The four -year term of Sarah McClure who represents the Windsor Hills Magisterial District expired on December 31, 2011. Supervisor Elswick has requested that the Clerk contact Ms. McClure to see if she is interested in serving an additional term. Ms. McClure has not yet responded. Chairman Church has reappointed Diana Beamer to represent the Catawba Page 1 of 2 Magisterial District for a four -year term, which will expire on December 31, 2015. Confirmation of the appointment has been placed on the Consent Agenda. 4. Roanoke Valley Convention and Visitors Bureau Board of Directors (appointed by the County Administrator B. Clayton Goodman Ili has appointed Douglas Blount to fulfill Thomas A. "Pete" Haislip's term. Mr. Bount's term will expire on June 30, 2012. Ratification of the appointment has been placed on the Consent Agenda. 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, DECEMBER 13, 201'1 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for December 13, 2011, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8 inclusive, as follows: 1. Approval of minutes — October 25, 2011; November 18, 2011 2. Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2012 3. Request to accept and appropriate funds in the amount of $8,003 to the Sheriff's Office from State Criminal Alien Assistance Program (SCRAP), approved by the Department of Justice, Bureau of Justice Assistance 4. Confirmation of appointments to the Library Board (appointed by District) and the Roanoke Valley Convention and Visitors Bureau Board of Directors (appointed by the County Administrator) 5. Request for authorization to negotiate a contract for a construction project where the lowest bid is within ten percent (10 %) of available funds — Glenvar Library Construction 6. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Blas Cotto, Custodian, upon his retirement after more than six (6) years of service Page 1 of 1 .I' A ft 1 0■ ■S ITEM NO. I -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DA "rE: AGENDA ITEM: SUBMITTED BY: December 13, 2011 Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2012 Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board of Supervisors of Roanoke County annually establishes a schedule for its meetings. It has been the custom of this Board to schedule its meetings on the second and fourth Tuesdays of each month. The attached resolution continues this tradition, except for the months of November and December, which schedules one meeting on November 13 and one meeting on December 11. Finally, the Board must schedule an organizational meeting for January 2013. Staff recommends that the Board schedule its organizational meeting for Tuesday, January 8, 2013, at 2:00 p.m. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2012 RESOLumnON ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2012 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 2012, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 p.m. unless otherwise advertised. Tuesday, January 10, 2012 at 3 pm Tuesday, January 24, 2012 at 3 pm and 7 pm Tuesday, February 14, 2012 at 3 pm Tuesday, February 28, 2012 at 3 pm and 7 pm Tuesday, March 13, 2012 at 3 pm Tuesday, March 27, 2012 at 3 pm and 7 pm Tuesday, April 10, 2012 at 3 pm Tuesday, April 24, 2012 at 3 pm and 7 pm Tuesday, May 8, 2012 at 3 pm Tuesday, May 22, 2012 at 3 pm and 7 pm Tuesday, June 12, 2012 at 3 pm Tuesday, June 20, 2012 at 3 pm and 7 pm Tuesday, July 10, 2012 at 3 pm Tuesday, July 24, 2012 at 3 pm and 7 pm Tuesday, August 14, 2012 at 3 pm Tuesday, August 28, 2012 at 3 pm and 7 pm Tuesday, September 11, 2012 at 3 pm Tuesday, September 25, 2012 at 3 pm and 7 pm Page 1 of 2 Tuesday, October 9, 2012 at 3 pm Tuesday, October 23, 2012 at 3 pm and 7 pm Tuesday, November 13, 2912 at 3 pm and 7 pm Tuesday, December 11 , 2012 at 3 pm 2. That the organizational meeting for 2013 shall be held on Tuesday, January S, 2013, at 2:00 p.m. Page 2 of 2 = N O >. 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ITEM NO. 1 -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE'rING DATE: AGENDA rrEM: SUBMITTED BY: APPROVED BY: December 13, 2011 Request to accept and appropriate funds in the amount of $8,003 to the Sheriff's Office from State Criminal Alien Assistance Program (SCAAP), approved by the Department of Justice, Bureau of Justice Assistance Michael G. Winston Sheriff B. Clayton Goodman County Administrator COUNTY ADMINIs'rRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Sheriffs Office has received approval for a grant, which provides funds from the Department of Justice- Bureau of Justice Assistance. This program will provide funds to purchase audio and visual equipment for training purposes. FISCAL IMPACT: This grant requires no match. STAFF RECOMMENDATION: Staff recommends accepting and appropriating the SCAAP grant from the Department of Justice in the amount of $8,003 to the Sheriff's Office. Page 1 of 1 ACTION NO. ITEM NO. I -4 'W:�- 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: December 13, 2011 Confirmation of appointment to theLibrary Board (appointed by District) and the Roanoke Valley Convention and Visitors Bureau Board of Directors (appointed by the County Administrator) Deborah C. Jacks Clerk to the Board B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Library Board Chairman Church has reappointed Diana Beamer to represent the Catawba Magisterial District for a four -year term, which will expire on December 31, 2015. Confirmation of the appointment has been placed on the Consent Agenda. 2. Roanoke Valley convention and Visitors Bureau Board of Directors (appointed by the county Administrator) B. Clayton Goodman III has appointed Douglas Blount to fulfill Thomas A. "Pete" Haislip's term. Mr. Bount's term will expire on June 30, 2012. Ratification of the appointment has been placed on the Consent Agenda. Page 1 of 1 ACTION NO. ITEM NO. 1 -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA ITEM: Request for authorization to negotiate a contract for a construction project where the lowest bid is within ten percent (10 %) of available funds -- Glenvar Library Construction SUBMITTED BY: Daniel R. O'Donnell Assistant County Administrator APPROVED BY: B. Clayton Goodman, II County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMA'T'ION: Bids for construction of the Glenvar Library were submitted and opened on December 1, 2011. We received a total of eight (8) bids. All of the bids were over the funds available for the construction portion of the project, but the lowest bid was only approximately six percent (6 %) over available funds. Sec. 2.2 -4318 of the Code of Virginia authorizes negotiations with the lowest responsible bidder, and provides as follows: § 2.2 -4318. Negotiation with lowest responsible bidder. Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds, the public body may negotiate with the apparent low bidder to obtain a contract price within available funds. However, the negotiation may be undertaken only under conditions and procedures described in writing and approved by the public body prior to issuance of the Invitation to Bid and summarized therein. Consistent with State Code, the County's "Procurement Policy & Procedures Manual" in Section 7.1 provides as follows: Page 1 of 2 7.1 A contract shall be awarded with reasonable promptness, by written notice to the lowest responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In the event all bids for a construction project exceed available funds and the lowest responsive and responsible bid does not exceed such funds by more than ten (10) percent, the Board of Supervisors may authorize, when time or economic considerations preclude re- solicitation of work of a reduced scope, negotiations of an adjustment of the bid price with the lowest responsive and responsible bidder in order to bring the bid within the amount of available funds. A summary of the above language was included in the bid documents forwarded to all bidders as required by State code. The architect believes that it will be very possible to negotiate with - the lowest bidder to bring the construction cost in line with the project budget, without negatively impacting the design or amenities included therein. - rhis would result in the project remaining on schedule and within the budgeted costs. Qlternativan There are three alternatives possible: 1) Authorize staff and project architect to negotiate with the lowest responsible bidder to bring the building construction costs within the amoi�int of funds allocated. The result of a successful negotiation would result in the project being on time and within budget. 2} Reject all bids, redesign and rebid the project. This alternative would delay the project, increase temporary storage costs and temporary library rental costs and not allow the project to stay on schedule. Also there is no way to be absolutely certain a rebid would result in the project coming in under budget. 3) Request that the Board of Supervisors appropriate additional funds resulting in the project going over the original budget. Due to current budgetary and economic conditions and additional source of funds has not been identified. Staff Recommendation Staff recommends Alternative one, authorizing the staff and project architect to negotiate with - the lowest responsible bidder to bring the building construction costs within the amount of funds allocated for the project. Fiscal Impact There would be no negative fiscal impact if a successful agreement is negotiated. Page 2 of 2 ACTION NO. ITEM NO. 1 -6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Bias Lotto, Custodian, upon his retirement after more than six (6) years of service SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman I County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Blas Lotto, Custodian, retired on December 1, 2011, after six (6) years and one month of service. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 RESOLUTION EXPRESSING 'SHE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO BL-AS COTTO, CUSTODIAN, UPON HIS RETIREMENT AFTER MORE THAN SIX (6) YEARS OF SERVICE WHEREAS, B las Cotto was hired on October 15, 2005 as a custodian; and WHEREAS, Mr. Cotta retired on December 1, 2011, after six years and one month of devoted, faithful and expert service with the county; and WHEREAS, during his time serving Roanoke County, Mr. Cotto always exhibited an attitude of friendliness, care, respect and consideration of coworkers and others; and WHEREAS, Mr. Cotto was dedicated to the employees working in the Roanoke County Public Safety center and will be greatly missed by them; and WHEREAS, Mr. Cotto was a dedicated and reliable employee who often assisted others in performing their job duties; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors o Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to BLAS COTTO for more than six (6) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 1 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Audited balance at June 30, 2011 Addition of 2010 -11 operations Balance at December 13, 2011 Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 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 ** 2011 -12 - Goal of 11 % of General Fund Revenues 2011-12 General Fund Revenues $192,720,943 11 % of General Fund Revenues $21,199,304 1. The Unappropriated Fund Balance of the county is currently maintained at 10.67°/x. 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 Administratore"� Amount $ 20,072,318 500,000 M -1 % of General Fund Revenue 10.59% * $ 20, 572 318 10. ** 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.) Audited balance at June 36, 2611 Addition of 2016 -11 operations August 23, 2011 Purchase of .454 acre of real estate adjacent to the Roanoke County Administration Center from Franklin Real Estate Company September 13, 2011 Appropriate funds for the repair of retaining wall at Vinton Library Balance at December 13, 2011 Amount $2 $1 (40,000.00) (17,225.00) $3 Ma'or Countv Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Audited balance at June 30, 2611 $162,539.00 Addition of 2616 -11 operations $775,622.69 Balance at December 13, 2611 Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator ?:�� $938,161.96 FLI, & RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA From 2011 -2012 original Budget May 24, 2011 Appropriation for Legislative Liaison Balance at December 13, 2011 Submitted By Rebecca E. Owens Director of Finance Amount $100,000.00 (31,020.00) 68,980.00 Approved By B. Clayton Goodman Ill County Administrator ACTION NO. ITEM NUMBER M -4.a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, MEETING DATE: December 13, 2011 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of October 31, 2011. SUMMARY OF INFORMATION: CASH INVESTMENT: SLINTRUST CON 1 1 GOVERNMENT: SMITH BARNEY CONTRA 1 SMITH BARNEY 58,020,254.56 WELLS FARGO 12,000,000-00 WELLS FARGO CONTRA 8 71,075,203.57 LOCAL GOVT INVESTMENT POOL: 7 3.28 33,463,724.17 GENERAL OPERATION 13,110,140.25 13,110,140.25 CD: BRANCH BANKING & "CRUST 1 1,000,000.00 MONEY MARKET: BRANCH BANKING & TRUST 1,076,264.33 MORGAN STANLEY - JAIL 1 SMITH BARNEY 23,106,040.59 STELLAR ONE 1,036, 084.80 WELLS FARGO 7 3.28 33,463,724.17 TOTAL 120,055,139.39 12/13/2011 ACTION NO. ITEM NUMBER M -4.b AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: December 13, 2611 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of November 36, 2611. SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON 23 23 GOVERNMENT: SMITH BARNEY CONTRA 1, 662, 856.84 SMITH BARNEY 59,619,891.16 WELLS FARGO 16, 696 696.69 WELLS FARGO CONTRA 12 76,995 LOCAL GOVT INVESTMENT POOL: 9 24,489 GENERAL OPERATION 13,111,914.26 13,111,914.26 CD: BRANCH BANKING & TRUST 3 3 MONEY MARKET: BRANCH BANKING & TRUST 1,676, 374.91 MORGAN STANLEY - JAIL 1,100,982-81 SMITH BARNEY 12,117,186.48 STELLAR ONE 1, 636, 723.48 WELLS FARGO 9 24,489 TOTAL 134,142,157.61 12/13/2011 LO (A L�- a) o 4-1 E a d N m N L � L � � U }' o �••� M a � tQ r O _ LU 0 O w/ O 'L � a O O CD O Lt) U Cl) o 4) (1) 9 L O !� LL C� S E L 0 .O L. U a N d C m fn %- a) O � C o d � � W m m U) d m r d o N U C o LL N a N � �L �? C o v � N M Q) 4- O N U) INO O Lid LO (D N LO r M LO n_3 �L I` M O N CA It I` It LO N O r r O O CA f` r N Lfi V p CA a LO (A L�- a) o 4-1 E a d N m N L � L � � U }' o �••� M a � tQ r O _ LU 0 O w/ O 'L � a O O CD O Lt) U Cl) o 4) (1) 9 L O !� LL C� S E L 0 .O L. 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O O O 00 O O l-- O N O O \C O \O O IC O O \O O O O O O O O 00 00 O O 00 O oc O o0 O 00 O 00 O O 00 O a1 O O a1 C1 O O O C� i.w ACTION NO. Accounts Paid — November 36, 2611 AT A REGULAR MEETING OF "rHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2611 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Rebecca E. Owens Director of Finance ITEM NO. M -7 B. Clayton Goodman III County Administrator_ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ - $ - 3, 666, 869.66 Payroll 11/11/11 1 111,299.88 1 Payroll 11123/11 1 142,966.67 1 Manual Checks - 9.13 9.13 Grand Total $ 6 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. ACTION NO. ITEM NO. N -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE'rING DATE: December 13, 2011 AGENDA ITEM: Work Session on Vinyard II Park SUBMITTED BY: Doug Blount Associate Director of Parks, Recreation and Tourism APPROVED BY: B. Clayton Goodman County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County and the Roanoke Valley Soccer Club (also known as Roanoke Star) entered into a twenty year lease (initial 10 year lease with finro- 5 year extensions) for the development of the Vinyard II Park in 1994. This park resides in the Vinton Magisterial District. The Vinyard 11 Park is across the road 'from the Vinyard I Park. Vinyard I Park has three soccer fields, four baseball fields, a football field overlay in the outfield of one baseball field and a parking lot. These two parks make up a significant sports complex for the Vinton area. The Vinyard II Park lease will expire on December 31, 2014. As a part of the lease, Roanoke Valley Soccer Club developed three full -size soccer fields and three smaller practice fields along with a gravel access road and parking lot on the park site. In addition to the developmental costs of the park by Roanoke Valley Soccer Club, they also pay an annual lease payment of $1 per year. The capital investment of the Roanoke Valley Soccer Club initially for development of Vinyard II was approximately $350,000 to $400,400. As a part of the lease agreement, Roanoke County Parks, Recreation and Tourism provides annual maintenance services at Vinyard II for Roanoke Valley Soccer Club. These services include one weekly in- season mowing of Vinyard 11 and annual road and parking Iot graveling. These services total approximately $11,000 annually. Roanoke Valley Soccer Club provides additional annual maintenance to Vinyard II at their expense. The lease also provides for exclusive use of the Vinyard II for Roanoke Valley Soccer Club's use. Page 1 of 2 Roanoke County has also received interest in the use of Vinyard II from other sports organizations in the Roanoke Valley. The conclusion of the lease provides for an opportunity to discuss the future of this park. Roanoke Valley Soccer Club has expressed their desire to extend the tease at Vinyard 11. There are many options to consider for future use. The first option is to decline a renegotiation of a new lease with Roanoke Valley Soccer Club. This would create an opportunity for consolidation of sports services in the Vinton Magisterial District to Vinyard Park I and 11. Vinton's team sports could be played in one complex. This consolidation of services would reduce annual maintenance costs in the Vinton District. After consolidation of sports services at Vinyard i and 11, any unallocated field time could be rented to other sports clubs /organizations for use to generate revenue. The second option would be renegotiate a new lease with Roanoke Soccer Valley Soccer Club for additional capital improvements at Vinyard 11 and or annual lease payments. Annual lease payments could be used to offset maintenance sports field costs for Roanoke County. one consideration with this option would be whether "exclusive use" of Vinyard 11 would be granted or not. The third option would be to open the opportunity for use of Vinyard II to all sports organizations. Through a Request for Proposal process, this would allow Roanoke County to consider proposals from community organizations and determine the best use of this park from a financial and participation impact. This process would also allow Roanoke County the option not to accept any proposal should it be determined that none of the options would be in Roanoke County's best interest for the use of Vinyard 11. In summary, Vinyard 11 Park is an asset for Roanoke County that presents multiple opportunities for future use. FI I Depending upon the course of action, there could be multiple financial impacts for consideration. There are opportunities for annual cost savings, revenue generation through lease payments and or field rentals and capital investment. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors approve a Request for Proposal process to allow all community organizations the opportunity to submit a proposal for Vinyard II use with Roanoke County having the option to not accept any proposals should they not be deemed in the best interest of Roanoke County. It is also recommended that no "exclusive use" of Vinyard 11 Park be granted through a lease agreement. ATTACHMENT A. original Lease Agreement for Vinyard I I Park, dated January 1, 1994. Page 2 of 2 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this l s t day of Januaa 1994 ■ by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA (the "County" and THE ROANOKE VALLEY YOUTH SOCCER CLUB, INC. ( the "Tenant") , a non--stock Virginia corporation organized and ,incorporated under the laws of the Commonwealth of Virginia. -- W I T N E 5 S E T H - T h a t for and in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. That the County hereby leases to the Tenant real estate located North of Glade Creek at Vinyard Park No. 2 described as a portion of Roanoke City Tax Map No. 7020101 and including 19,3 acres (said property being more specifically identified and described on the attached plat, which is identified as Exhibit A and hereinafter referred to as the "Premises"),. 2. That the Tenant shall pay as rent the sum of one Dollar per year due and payable on the first day of the calendar gear. The Tenant shall construct, at its expense, at least three youth outdoor soccer fields on the Premises subject to prior review and approval by the County. Prior to commencing any construction on the Premis the Tenant shall comply with all County regulations and ordinances and secure all permits required by either the County or Roanoke City, The Tenant shall submit a site plan .to the County for its review and approval showing existing and ..1� future plans far the development of the Premises, prior to any required submittal to the City. 3. The term of this Lease shall commence as of the date all permits required for construction of the soccer complex have been issued to Tenant or on January 1, 1994, whichever date is earlier, and shall continue until December 31, 2004; provided, however, that the Lease shall automatically renew for two additional five (5) year terms upon the approval of the County, which approval by the County shall not be unreasonably withheld. If the County elects to terminate this Lease, it shall provide the Tenant with six (6) months written notice of the termination before the expiration of the initial term or the expiration of either of _the additional five (5 ) year terms. After the expiration of said original term and the additional five (5) year renewal terms, this Lease shall continue on a year to year basis until one of the parties shall give notice to the other party by six (6) months written notice of the termination of this Lease. In the event the County elects to terminate the Lease prior to December 31, 2014, the County agrees, subject to the exceptions hereinafter set out, that it will be responsible for reimbursing the Tenant. for the replacement value of the improvements and fixtures instal led by Tenant during the term of this Lease and any extensions. The parties will make a reasonable effort to establish the replacement value of the improvements and fixtures by mutual agreement. In the event the parties are unable to agree on the replacement value of the improvements and fixtures they. may mutually agree upon - an appraiser or other qualified individual to.establish the replacement value of the improvements -2- and fixtures or either may elect to have the matter arbitrated. In such event each party will select its awn arbitrator and the two will work together to attempt to establish a mutually agreeable replacement value for the fixtures and improvements. If they are unable to agree on a replacement value they will select a third arbitrator and a majority decision by two of the three arbitrators will conclusively establish the replacement value of the improvements and fixtures.'.The parties acknowledge the existence of the Uniform Arbitration Act (98.01-581.01, Et seq. ) and agree that to the extent that this Lease is silent on any issue relating to the arbitration the Uniform Arbitration Act will control. The parties agree that if termination occurs for any of the following reasons, the County will not be obligated to pay replacement value for the improvements and fixtures: a) Termination by the County at the end of the twenty (20) year term after giving six (6) months written notice as hereinabove provided. b) Failure by Tenant to construct three -youth outdoor soccer fields on the Premises within sixty (60) months of the commencement of this Lease. c) Default by Tenant under paragraph 10 of this Lease Without the appropriate cure of said default within the time provided for in said paragraph. 4. Tenant shall use the Premises for the development, construction and installation of a complex of soccer fields and related facilities and for no other purposes without the prior approval of the County, which approval by the County shall not be Mc unreasonably withheld. Tenant shall have the priority use of the Premises except as expressly provided herein or expressly permitted in writing by Tenant to county, which permission Tenant shall not unreasonably withhold. The County and its Parks and Recreation Department will be permitted to use the Premises or designated portion thereof, at no charge, for its youth soccer recreation program tournaments or such other uses as the parties may jointly agree, provided such County uses do not conflict With Tenant's planned uses including but not limited to, training sessions, practices, scrimmages and games involving teams sponsored by Tenant, invitational tournaments in the fall and spring of each year sponsored or conducted by Tenant, maintenance of the facility and related functions 5. During the term of this Lease, the Tenant shall pay for all lights, heat, Water and sewer charges and any other utility charges required or incurred upon the Premises and provided that said utilities are readily available at the Premises. Tenant shall not be required to extend utility lines or facilities for use by the County. It is understood that the Tenant accepts the Premises in its current physical condition, and Tenant acknowledges that it has inspected the Premises and agrees that the Premises are as represented by the County and acceptable to the Tenant. County has represented to Tenant that it has no knowledge of any facts that would indicate that the Premises have been used for the manufacture, storage or disposal of any hazardous waste or toxic substances as defined by any applicable federal, state or local environmental laws. -4- The Tenant shall maintain the Premises and fixtures therein located and upon the termination of this lease shall surrender the Premises and fixtures in as good a condition as at the commencement of this Lease, subject to normal wear and tear. Tenant shall be responsible for regular maintenance and repair of the Premises including compliance with the written County maintenance standards ( "Roanoke County Landscape Maintenance System ") and compliance with the Roanoke County Ordinance regulating conduct in County parks. Chapter 15, Roanoke County Code. 6. The Tenant ray, upon approval, by the County (said approval shall not be unreasonably withheld) , during the term of this Lease, construct facilities, buildings, structures, etc. upon the Premises, but it is agreed that all such construction and subsequent alterations and additions which are permanently affixed to the Premises shall be and become a permanent part of the real estate and as such the property of the County upon termination of the Lease. upon termination of this Lease, all improvements erected thereon shall revert to the County and shall be free from any encumbrance at the time of such reversion. The Tenant may not have attached any lien against the improvements which is contrary to §15.1-261.1 of the 1950 Code of Virginia, as amended. The provisions of this Lease shall be subject to §15.1 -260 and §15.1- - 261.1 of the State Code. The County warrants that there has been full compliance with the requirements of §18.04 of the Charter of the County of Roanoke. All trade fixtures, including soccer goals and nets, and equipment or other personal property installed or stored in or on, -5- but not permanently attached to, the Premises, by or at the expense of Tenant, shall be and remain the property of Tenant, and Tenant shall have the right to remove the same at any time during the term hereof and following the termination of the Lease. If and to the extent that the removal of any such trade fixtures, equipment and other personal property causes any damage to the Premises, Tenant shall promptly remedy or repair any such damage and pay to County such reasonable amount as is necessary to remedy or repair any such damage at the time of termination of the Lease. 7. The Tenant shall be responsible for securing and maintaining during the terms of this Lease insurance coverage, at its own expense for facilities, f ixtures , equipment and any other personal property installed or stored in or on the Premises and public liability insurance covering death, bodily injury and property damage in an amount not less than $1,000,000.00. Such public lability insurance shall name the County as an additional insured for the full amount of the insurance herein required and provide to County evidence of such insurance. County shall not be liable for any injury to or death of any person or persons nor for any loss of or damage to any property of any Find belonging to the Tenant . or the public, caused by any act or omission of Tenant, its agents, employees or invitees, or caused by any failure of Tenant to perform property maintenance, repairs, and replacements required to be performed by it under this Lease. Tenant shall indemnify and save the County harmless against any and all liabilities, claims, demands, actions, costs and expenses which may be sustained by the County by reason of any of the causes set forth in this paragraph. -6- The Tenant shall not be responsible for any defect or for any resulting damage to person or property occurring on the Premises as a result of any pre-- existing condition or any use of the premises by County or the County Parks and Recreation Department, Tenant shall not be Liable for any injury to or death of any person or persons or for any loss of or damage to any property of any kind, whether belonging to the County or the public caused by any act or omission of the County, its agents, employees or invitees . 8. This Lease shall not be assigned nor sublet without the prior written consent of the County which consent shall not be unreasonably withheld, 9. Any notice required or permitted by this Lease to be given by either party to the other may be either personally delivered or sent by registered mail, postage prepaid, deposited and properly addressed in the U S, Post Office, the date of such deposit being taken as the date of giving such notice. All notices required by this Lease, unless otherwise designated in writing, shall be given to The Roanoke Valley Youth Soccer Club. Inc.,. P. 0. Boer 2 1848, Roanoke, Virginia 24018, Attention: President and to the Board of Supervisors of Roanoke County, P. o. Box 29800, Roanoke. Virginia 24018 -0798. 10. If the Tenant shall fail to pay any rent, tax, fee or charge to the County when such rent, tax, fee or charge is due and payable under the terms of this Lease. and such default shall continue for a period of twenty ( 2 0 ) days after written notice thereof has been given to the Tenant by the County, of if the Tenant shall fail to perform any other duty or obligation imposed MrAg upon it by the terms of this Lease, and such default shall continue for a period of thirty (30) days after written notice of such default has been given to the Tenant by the County, or if the Tenant shall file a voluntary petition for relief in bankruptcy proceedings or be adjudged a bankrupt in involuntary proceedings, or make arrangements or composition, or file a petition for reorganization or otherwise seek relief pursuant to the provisions of any state or federal insolvency or bankruptcy laws, or if a receiver of any property of the Tenant in or on the Premises be appointed in any action, suit, or proceeding by or against the Tenant and such appointment of receiver shall not be vacated or annulled within sixty (60) days, or if the interest of the Tenant in this Lease shall be encumbered under any legal process, and such encumbrance is not vacated or set aside within thirty ( 30 ) days, then in any such event the County may, at its election, terminate this Lease by written notice delivered to Tenant; provided, however, if the order of any court creating such disability or event shall not be final by reason ❑ f pendency of the proceedings, or an appeal from such order, then the Counter may not have such right of termination as long as the Tenant continues to perform its obligations under this Lease. 11, The Tenant agrees that it will not discriminate against any person on the basis of race, religion, color, sex, national origin, or handicap in its membership or employment practices or in the operation of the recreational complex on the Premises. 12. During the term of this Lease the County shall be respgnsible for the following at no charge or cost to the Tenant; a) Mowing the Premises pursuant to a regular mowing schedule mutually agreed to by the parties. 13. During the term of this Lease the Tenant shall be responsible for the following at no charge or cost to the County: Via) Fertilizing the Premises and other turf cultural 1 pract i ces� -- b } piny equipment required for maintenance of the fields 1 with the . .. exdeption of a tractor which County will provide for mowing and other turf cultural practices that require use of the tractor. �. c ield marki g. 146 Tenant shall allow County to have reasonable access to the Premises for inspection for examination at any time. county shall allow Tenant to have reasonable access, including ingress and egress to the Premises at all times. 15. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 16. This Lease represents the entire understanding between the parties and there are no collateral or oral agreements or understandings and this Lease shall not be modified unless in writing. o f equal dignity signed by Loth parties. 17. It is agreed that all of the terms and conditions of this Lease are binding upon the parties hereto, their administrators, heirs, and assigns unless otherwise specified herein. 18. This Lease is executed by the County Administrator of Roanoke county by authority of the Board of Supervisors of Roanoke County, Virginia, pursuant to ordinance No. 3993- -7 adopted by the Board. -9- WITNESS the following signatures and seals. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VI GINIA PROVED AS TO FORM B J ' (1 l Elme C. liodge Title: County Administrator THE ROANOKE VALLEY YOUTH SOCCER CLU By: Title: prt STATE of 'VIRGINIA OF The foregoing instrument was acknowledged before me on 19 by Elmer C. Hodge, Counter Administrator, on behalf of the Beard of Supervisors of Roanoke County. Mir commission expires ,3z) N tary Public STATE OF VIRGINIA ) OF The foregoing instrument was acknowledged before me on 19 b 4144x., on behal of The Roanoke Valley Youth Soccer Club, Inc. My commission expires Notary Public -- lo- v 44 v H � aj 00 P4 H U P1 ' e r r >4 rr L J ' I1 Il 1� II '� s. 1 i'• r + . a 1 . S own SAO � l 1 I� • 1 L f w � • 11 ,• . / - a � 11 ♦ . i � N t ? r w 11 �� I• .+■ w � �� �� ��" St= [� 1111 � I y :.=rLki' �Eta.! 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SUMMARY OF INFORMATION: This time has been set aside to discuss with the Board of Supervisors Roanoke County's budget development for fiscal year 2012 -2013. The discussion will include an overview of revenue and expenditure expectations for the current and next fiscal years, as well as process considerations for the County's annual contributions to outside agencies. The work session will primarily focus on a general overview of planning and process issues related to upcoming budget development, as detailed revenue and expenditure items related to fiscal year 2012 -2013 are just now in the planning stages. As additional information is received and processed, detailed expenditure and revenue figures will be presented in later work sessions with the Board beginning in January. In addition to the general discussion regarding the upcoming fiscal year 2013 budget deliberations, staff wanted to take the opportunity to discuss with the Board of Supervisors (BoS) members the pending notice to be sent to the outside agencies by which they can seek funding from the BoS. Staff wishes to discuss how much information should be shared with the outside agencies regarding funding for fiscal year 2013. Two years ago, the BoS directed staff to advise the outside agencies that they should be prepared to see up to a ten percent (10 %) reduction in funding for the fiscal year 2011 fiscal year. Page 1 of 2 ITEM NO. N -2 AT A SPECIAL MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA rrEM: Work session to review the status of fiscal year 2012 -2013 budget development SUBMITTED BY: W. Brent Robertson Director of Management and Budget APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to discuss with the Board of Supervisors Roanoke County's budget development for fiscal year 2012 -2013. The discussion will include an overview of revenue and expenditure expectations for the current and next fiscal years, as well as process considerations for the County's annual contributions to outside agencies. The work session will primarily focus on a general overview of planning and process issues related to upcoming budget development, as detailed revenue and expenditure items related to fiscal year 2012 -2013 are just now in the planning stages. As additional information is received and processed, detailed expenditure and revenue figures will be presented in later work sessions with the Board beginning in January. In addition to the general discussion regarding the upcoming fiscal year 2013 budget deliberations, staff wanted to take the opportunity to discuss with the Board of Supervisors (BoS) members the pending notice to be sent to the outside agencies by which they can seek funding from the BoS. Staff wishes to discuss how much information should be shared with the outside agencies regarding funding for fiscal year 2013. Two years ago, the BoS directed staff to advise the outside agencies that they should be prepared to see up to a ten percent (10 %) reduction in funding for the fiscal year 2011 fiscal year. Page 1 of 2 Lastly, staff wishes to discuss a budgetary issue regarding street lights. To address growing cost to provide street light service and reduced Community Development budget, the Community Development Director issued a moratorium for approval of new street lights. A Board member asked that this be listed on the work session since we would be discussing budget issues. "rhe BoS member wishes to proceed with installing a street light for their district. The light in question passed review, but I advised that due to the moratorium issued in 2010, to install the BoS member's requested light, all lights approved (5) but not installed due to the moratorium should also be installed. Due to the moratorium, I suggested to the BoS member that this be discussed with the entire BoS to see if the moratorium should be lifted. The total annual cost for the seven (7) lights would be approximately $400. Whereas this appears to be small, a quick review of the Community Development Budget line item for streets is $104,000. Since fiscal year 2009, the County annual cost for street lights has been $119,210; fiscal year 2010, $120,371; fiscal year 2011, $127,553; and projected for fiscal 2012 cost will be $128,000. The Community Development budget has been reduced by $376,320 for fiscal year 2010 and another $35,051 for fiscal year 2012. Total decrease in Department's operating budget for these two fiscal years has been $4.11,401. The Community Development director issued a street light moratorium since 2010 as an attempt to try and control costs for his Department. Several attachments can be found to this cover report. The first attachments are preliminary budget information provided by the Budget and Management Office. The second attachments are a copy of the prior year letter sent to outside agencies and a copy of Roanoke County Contributions to Local Agencies fiscal year 2011 and fiscal year 2012. The third attachments are copies of a Memorandum Street Lights dated December 5, 2011, Street Light Information dated November 29, 2011 and Roanoke County Street Light Requests & Procedures. Page 2 of 2 County of Roanoke General Government Revenue Summary Preliminary Projections for FY2011 -12 and FY2012 -2013 Revenue Real Estate Taxes Personal Property Taxes Other Property Taxes Local Sales Tax Telecommunications Taxes and Fees Utility Consumer Tax Business License Tax Bank Franchise Tax Motor Vehicle License Tax Recordation and Conveyance Tax Hotel /Motel Tax Meals Tax Other Local Taxes Permits, Fees & Licenses Fines and Forfeitures Use of Money and Property Charges for Services* Miscellaneous Revenue Recovered Costs Commonwealth Federal Sub -total Revenue % Growth Non - Revenue /Transfers Total Revenue Actual av o1 n_4 4 FY 2011 -2012 Adopted Prelim Adjust Amended Preliminary Revenue Projections Change CV .1')_.14 CV01'3 fr% CV-14 $87,565,271 $88,030,000 ($550,000) 87,480,000 $86,650,000 ($1,380,000) 26,898 27 0 27 27,640 300,000 3,523,521 3 (45,000) 3 3,610,000 (5,000) 8,806,548 9 (75,000) 9 9,700,000 225 4,167,743 4,200,000 0 4,200,000 4,200,000 0 3,681,806 3 50 3 3,740,000 90 6,388,966 5 0 5 5,725,000 150 524,556 525 0 525 525,000 0 2,125,698 2,020,000 130,000 2,150,000 2,175,000 155,000 1,024,652 1 (50,000) 1 1,025,000 (50,000) 756,308 775,000 0 775,000 775,000 0 3,563,201 3 95 3 3,855,000 225 650,714 711,000 (45,000) 666,000 666,000 (45,000) 620 575, 610 (139, 050) 436, 560 476 (99,050) 888,995 835,400 60 895,400 895,400 60,000 192 269 1 100 (80, 000) 189 189 (80,000) 3,379,179 3,144,433 250,767 3,395,200 3,285,200 140,767 1,285, 753 1 0 1 1,126,120 0 189,030 166,385 0 166,385 166,385 0 9,725,395 9 (232,294) 9 9,587,917 (269,865) 4,235,100 3,740,000 360 4 3,740,000 0 $170,195,049 $170,335,170 ($270,577) $170,064,593 $169,752,682 ($582,488) 1.7% 0.1% -0.1% -0.3% 1,217,556 660 0 660 0 (660,607) $171,412,605 $170,995,777 ($270,577) $170,725,200 $169,752,682 ($1,243,095) *Includes ambulance transport fees a W . 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Ol N rq rq O O rq O O 00 0 U _ 0 lO o l0 0 l0 U_ rl lO � N O Ol o Lrn rl lO lO o Ol o rl CD , Ln N � Ol o m � 0 k.0 o N o m M m o lD o N r-I 00 14 O Ol o r1 6UL r1 14 14 14 00 00 00 00 00 suo!11!w ui'anuanab N N It O a 75 C County of Roanoke Preliminary Expenditure Projections FY2012 -2013 Preliminary Revenue Estimat 12/13/2011 * Exclusive of state budget changes Expenditure Considerations: VRS Retirement -rate increase Plan II savings VRS Life Ins. -rate increase Proposed Salary Increase (3 %) Health Insurance Increase (est. @ 10 %) Proposed Operations Increases - contractual (est.) Preliminary Deficit Projections 12/13/2011 Additional Considerations for FY12 -13: State Budget Allocations Capital Improvements - $10 million available FY14 VDOT Devolution Stormwater Management $ 2, 000, 000 (100 500, 000 1 500 300, 000 ($1,243,095) 4700 000 ($5,943,095) W) L m O Q N � � O O O N LL � s 0 a = O b . 0 0 +� m co O O LL CL x W M LA 00 N r-I O N LL V-1 r-I O N LL N t.0 0o o � o x N � L U 01 O O N LL 00 O O N LL O O O O O O O Ol O O O O O O O O O O O O N Q) x Q) c U O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 l0 N O 00 l0 00 00 00 00 00 1l_ 1l_ ( saellop LOOZ ui) saanlipuadx3 Roanoke County Contributions to Local Agencies FY2011 and FY2012 Health, Human, and Social Services Agencies Agency Name FY11 Adopted FY12 Request FY12 Adopted Adult Care Center of the Roanoke Valley $8,900 $8,900 $8,900 Advancement Foundation $400 $1,000 $600 American Red Cross $3,400 $5,000 $3,500 Bethany Hall $1,100 $1,800 $1,100 Big Brothers and Big Sisters of Roanoke Valley $4,100 $5,000 $4,400 Blue Ridge Independent Living Center $900 $10,000 $1,000 Blue Ridge Legal Services, Inc. $600 $3,732 $700 Boys & Girls Clubs of Southwest Virginia $200 $8,213 $800 Bradley Free Clinic $5,100 $5,600 $5,200 Brain Injury Services of SWVA $2,000 $13,000 $2,800 Child Health Investment Partnership (CHIP) $18,400 $21,615 $19,100 Children's Trust (formerly Children's Advocacy Center and CASA) $6,900 $6,840 $6,600 Commonwealth Catholic Charities $400 $800 $400 Conflict Resolution Center, Inc. $1,200 $5,000 $1,200 Council of Community Svcs - Info and Referral Center $2,900 $2,880 $2,900 Council of Community Svcs - Nonprofit Resource Center $500 $500 $500 Family Service of the Roanoke Valley $4,100 $4,100 $4,100 Good Samaritan Hospice $0 $5,500 $0 Goodwill Industries of the Valleys $600 $1,000 $600 Greenvale School $0 $2,500 $0 Habitat for Humanity $1,600 $1,700 $1,700 Literacy Volunteers of Roanoke Valley $1,100 $1,500 $1,100 LOA Area Agency on Aging $14,200 $33,482 $15,000 Manna Ministries $800 $2,000 $1,000 Mental Health America of Roanoke Valley $1,000 $1,000 $1,000 Presbyterian Community Center $600 $1,000 $800 Rebuilding Together $0 $2,800 $0 Roanoke Area Ministries $1,300 $5,000 $1,500 Roanoke County Prevention Council $900 $1,000 $1,900 Roanoke Valley Interfaith Hospitality Network $800 $1,500 $1,000 Roanoke Valley SPCA $800 $1,000 $1,000 Roanoke Valley Speech & Hearing Center $1,600 $1,800 $1,700 Saint Francis of Assisi Service Dog Foundation $3,400 $10,000 $4,000 Salem /Roanoke County Community Food Pantry $4,800 $5,000 $4,900 Salvation Army $2,500 $3,000 $2,900 Southeast Rural Community Assistance Project, Inc. $0 $5,000 $600 Southwestern Virginia Second Harvest Food Bank $4,700 $4,700 $4,700 TAP $24,700 $24,700 $24,500 TAP - Transitional Living Center $16,000 $16,000 $15,700 Trust House $3,700 $5,000 $3,800 YWCA of the Roanoke Valley $900 $4,000 $1,000 Total Health, Human, and Social Services Agencies $147,100 $244,162 $154,200 Roanoke County Contributions to Local Agencies FY2011 and FY2012 Cultural, Toursim, and Other Agencies Agency Name FY11 Adopted FY12 Request FY12 Adopted Art Museum of Western Virginia (Taubman Museum) - Operating $0 $10,000 $0 Arts Council of the Blue Ridge $1,500 $3,000 $1,400 Blue Ridge Soil and Water Conservation District $1,000 $3,500 $1,000 Center in the Square Operating $33,300 $37,400 $34,700 Center in the Square - Igniting Dreams, Energizing Promises Campaign (this is a 5 year request for $200, 000 per year) $0 $1,000,000 $0 Clean Valley Council, Inc $1,400 $3,000 $1,600 FRIENDS of the Blue Ridge Parkway $8,500 $12,500 $8,500 History Museum & Historical Society of Western Va. - U. Winston Link $2,800 $4,000 $2,900 History Museum & Historical Society of Western Va. $3,800 $6,000 $3,700 Hollins University - The Eleanor D. Wilson Art Museum $17,000 $24,950 $16,700 Jefferson Center Foundation $1,600 $2,500 $1,800 Mill Mountain Zoo $8,400 $20,000 $8,700 Mill Mountain Zoo - Capital Request $1,600 $20,000 $1,600 Miss Virginia Pageant $900 $1,200 $1,000 Miss Virginia Pageant - TV Sponsorship $2,400 $4,950 $2,500 Opera Roanoke $600 $1,000 $700 Roanoke Higher Education Center $10,300 $11,000 $10,500 Roanoke River Basin Association $0 $4,000 $0 Roanoke Symphony $5,300 $6,000 $5,200 Roanoke Valley Sister Cities $1,600 $1,600 $2,700 Roanoke Valley Television $140,127 $140,106 $140,106 Salem Museum and Historical Society (The full request is for $100, 000 at $20, 000 per year for 5 years) $0 $20,000 $700 Salem- Roanoke Baseball Hall of Fame $1,500 $3,000 $1,400 Salem /Roanoke County Chamber of Commerce - Operating $5,200 $5,200 $5,200 Science Museum of Western Virginia - Operating $15,900 $18,000 $16,000 Small Business Development Center $2,900 $5,000 $3,000 Tri- County Lake Administrative Commission (TLAC) Smith Mtn Lake $4,700 $0 $0 Vinton Chamber of Commerce - Business Recruitment $3,700 $6,000 $3,900 Vinton Dogwood Festival $1,000 $1,500 $1,000 Vinton Historical Society $1,900 $10,000 $2,100 Virginia Amateur Sports $39,780 $40,000 $40,000 Virginia Economic Bridge $0 $3,000 $0 Virginia Museum of Transportation $4,200 $6,500 $4,600 Western Virginia Land Trust $2,000 $2,500 $2,000 Williamson Road Area Business Association $1,000 $24,380 $2,000 Young Audiences of Virginia, Inc. $1,000 $1,000 $1,000 Total Cultural, Tourism, and Other Agencies $326,907 $1,462,786 $328,206 Roanoke County Contributions to Local Agencies FY2011 and FY2012 Memberships: These funding allocations represent memberships in the specific organization and, by nature, must be funded at the full amount to retain membership. Agency Name FY11 Adopted FY12 Request FY12 Adopted National Association of Counties $1,770 $1,770 $1,770 Roanoke Regional Chamber of Commerce - Dues $2,615 $2,630 $2,630 Roanoke Valley Alleghany Regional Commission $57,840 $62,937 $62,937 Salem /Roanoke County Chamber of Commerce - Dues $1,000 $1,000 $1,000 Vinton Chamber of Commerce - Dues $500 $500 $500 Virginia Association of Counties $20,458 $20,458 $20,458 Virginia Institute of Government Membership $5,000 $5,000 $0 Virginia Municipal League $10,241 $10,241 $10,241 Total Membership Agencies $99,424 $104,536 $99,536 Contractual Relationship for Services: Agency Name FY11 FY12 FY12 Greenway Commission Adopted Request Adopted Art Museum of Western Virginia (Taubman Museum) - $153,262 $173,756 $173,756 Roanoke County Schools Education Program $41,700 $41,700 $41,700 Contractual Agreement $341,8821 $417,956 $364,156 Art Museum of Western Virginia (Taubman Museum) $40,000 $40,000 $40,000 Contractual Agreement Blue Ridge Behavioral Healthcare* $162,000 $248,907 $175,000 VA First Industrial Authority (Contractual Agreement) $34,255 $34,255 $34,255 Virginia Western Community College - Scholarship $13,779 $13,184 $13,184 Virginia Western Community College - Site Development $36,347 $40,579 $40,579 (Fourth year of 5 year capital funding request submitted in FY08 -09) Total Contractual Relationship for Services $328,081 $418,625 $344 *The BRBH budget request represents the County's portion of the 10 percent local match that the Department of Behavioral Health and Developmental Disabilities mandates that local Community Service Boards obtain from local governments in its service area. Failure to fully fund this request could result in additional funding cuts from the Commonwealth. Although not funding the full local match could result in state cuts, this has never been enforced in past years when local funding fell short of the required match. Economic Development & Community Investments: These organizations have made prior presentations to the Board and do not participate in the contributions work session. These contributions, in most cases, represent "membership" in the organization; however, the contribution (and the current year's request) is not contractual. Historically, the Board has utilized their discretion in funding increases in contribution requests. Agency Name FY11 Adopted FY12 Request FY12 Adopted Greenway Commission $26,820 $35,200 $28,000 Roanoke Regional Partnership $153,262 $173,756 $173,756 Roanoke Valley Convention and Visitors Bureau $161,800 $209,000 $162,400 Total Economic Development & Community Investments $341,8821 $417,956 $364,156 Grand Total - All Agencies $1,243,394 $2,648,065 $1,290,816 W. Brent Robertson, CPA Director, Management and Budget brobertson@roanokecountyva.gov (540) 772 -2021 Organization Address Dear , Holly Salvatore Budget Manager hsalvatore@roanokecountyva.gov (540) 776 -7203 Jimmy Lyon Budget Analyst jlyon@roanokecountyva.gov (540) 772 -2011 The County of Roanoke considers funding requests from local non - profit organizations that offer services to the citizens of the Roanoke Valley. Our records indicate that your organization has previously requested funds from the County. We are now accepting applications for contributions for the 20XX -20XX fiscal year. For consideration, please submit a written funding request to the Department of Management and Budget by February XX, XXXX. Please include the following information: • Agency Name • Agency Contact (Executive Director, President, or Financial Officer) • Address, phone /fax number, and email address • Agency Mission • Program Description (related to use of requested funds) • A copy of the organizations most recent financial statements. • Specific Request Amount In addition to the basic requirements listed above, additional guidelines apply to agencies requesting contributions of $25,000 or more: 1) Organizations must develop a business plan that includes evidence of community involvement and an outline of long term plans for financial sustainability. 2) Organizations must agree to an annual joint site visit by Roanoke County, Roanoke City, Carilion Foundation, and the Funders Circle and periodic reporting of results achieved through funds received. 3) Copy of the most recent agency audit (for all agencies in operation for two years or longer with an annual budget of $25,000 or more). These guidelines are intended to identify specific requirements that agencies are expected to adhere to in applying for funding. While non - adherence to the guidelines will not necessarily prohibit an agency from receiving funds, adherence will be used as one of the key factors in determining funding. Countp of Roanoke Department of Management and Budget 5204 Bernard Drive, PO Box 29800 • Roanoke, VA 24018 -0798 • Fax (540) 772 -2089 Page2 Given current economic conditions and the uncertainty surrounding future revenue projections, Roanoke County departments are considering potential reductions in operating budgets. Therefore, the Board of Supervisors will be carefully reviewing all non - profit agency funding requests for inclusion in the FY20XX -20XX budget. The Department of Management and Budget will be in contact with outside agencies regarding agency presentations to the Board of Supervisors. Final funding will not be approved by the Board of Supervisors until May 20XX. If you have questions regarding this process, please contact Jimmy Lyon at 540- 772 -2011. Sincerely, W. Brent Robertson Director, Department of Management and Budget 5204 Bernard Drive, PO Box 29800 • Roanoke, VA 24018 -0798 • Fax (540) 772 -2089 ( 1 2/6/201 1) Cla Goodman - MEMORANDUM STREET LIGHTS 120111 -doc Pa 1 MEMORANDUM STREET LIGHTS December 5, 2011 Prior to 1986, the Count Board of Supervisors reviewed and voted on each street li re that was received b Count staff. • 1986 Roanoke Count had a Street Li Stud performed b Ha Sea Mattern and Mattern, Inc., which resulted in the Count creatin an evaluation process which staff uses toda • After 1986 street li are handled administrativel • Currentl the Department of Communit Development line item bud for electricit cost is $104,000. Since FY 2009 the Count annual cost for electric has been $119,210, FY10 $120,371, FY1 1 $127,653 and it is pro for FY12 the Count cost will be $1280000. • In FY 10 the Department of Communit Development's operation bud was cut b $37+6,320 and a FY1 1 b $35,081. Total decrease in Department's operatin bud since is $411,401. In FY2010 due to bud cuts and the need to maintain the Department's current level of service for core services, a moratorium on installation and acceptance's of new street li was implemented until the Departmental bud improves. • Since 2010, Roanoke Count has received 3 application for street li the are as follows: 1. Merriman Road- score 79.8 passed. Pole is in the location of the proposed li and there will not be an installation fees. $ 4.88 x 12= $ 58.56 a y ear 2. Eva Road- score 32.5 li failed. Proposed location is in a cul-de-sac. 1 %0 3. West Main Rte. I I and Barle 44.3 li failed. This intersection will be eliminated durin the rte. 11 pro that is under construction. 4. Ed Subdivision- There is 8 li currentl bein paid for monthl b the homeowners association. No installation cost. The li are alread installed. 01 F(*12/6/201 1 Cla Goodman - MEMORANDUM STREET LIGHTS 12011 1.doc Pa 2 * 387 Sunflower Drive - score 43.5 - failed * 351 Sunflower Drive - score 47.5 - failed • 340 Sunflower Drive - score 72.3 - passed • 400 Sunflower Drive - score 75.5 - passed • 472 Ed Circle — score 77.5 - passed • 366 Ed Circle - score 77.5 - passed • 418 Ed Circle - score 78.0 - passed * 440 Ed Circle - score 89.5 - passed 6 Li passed. The additional cost to the count would be 6 li x $6.00 a month x 12 monthsW1W $ 432.00 a y ear Total electricit cost to the Count if 7 li are added will be approximatel $ STREET LIGHT INFORMATION 11/29/2011 1. Roanoke Count has 1475 street li 2. Scott Woodnim said Merriman Road and Colonial Avenue roundabout li were installed and paid for b VDOT durin the recent road projects, but t he count pa the monthl electric bill. 3. Scott Woodrum said VDOT pa for the installation and the monthl electric bill for li that are installed on combination si mast arms. These li are metered with the traffic si The most current project is the si up alon the Rte. 419 corridor. 4. T of Street Li Pen Read and Dave Morris from AEP provided cost, A. Post Top Decorative Fixture --- • Fixture belon to AEP • Installation of fixture and first 30' of under service is free. The cost for installation of the fixture a nd a 100 feet of under service line is $618.27. • Cost per li a month is $ 6.00 B. Wood Pole Li • Fixture *installed on a existin pole is free and belon to AEP. • Installation of a Pole and 100' of overhead service line is $ 907.85. • Cost per li a month is $ 4.88 Roanoke Count receives a'discount for the lar volume of li S. Monthl fee for homeowner to have AEP install a li $ 15.00 per light. 6. Li the Count has paid for installation and the cost: These are li that had no overhead service with a pole or under within 30' of proposed location of new li • Au 4, 2003 Sundance Road $530.00 Buckskin Lane $437.00 White Ea Lane .$1,750.00 Scott Circle $13900.00 • September 19, 2006- Shadwell $419.00 • Januar 9, 2007- Fox Rid $1,952.83 • June 21, 2007- Pedi Lane $591.92 • November 13, 2008 Parker $2 Aston Lane ►3 Hilltop $19751.41 • November 25, 2008 Woodchuck $546.12 • March 10, 2009 Ed $2 1. Merriman Road- Pole is in the location of the proposed li and there will not be an Installation fees. $ 4.88 x 12= $ 58.55 a y ear 2. Eva Road- Li did not pass. Proposed location Is In a cul-de-sac. 3. West Main Rte. 11 and Barle Li did not pass. This intersection will be eliminated durin the rte, 11 project that is under construction, 4. Efternont SubdIvIslon- There are 8 li currentl bein paid for monthl b the homeowners association. No installation cost. The li are alread installed. • 387 Sunflower Drive • 351 Sunflower Drive • 340 Sunflower Drive 72 ■ 400 Sunflower Drive 472 Ed OnJe • 366 Ed Circle 77.. 418 Ed arcle • 440 Edgemont Circle 6 Li passed. The additional cost to the count would be 6 li x $6.00 a month x 12 months= $ 432.00 a y ear I called Dave Morris at AEP. He sakJ he is still workin on the estimates and he will have them done today. 7. Lights requested and installed: Year Total requested Passed 1992 49 12 1993 44 12 1994 42 11 1995 25 9 1996 27 8 1997 21 7 1998 46 13 1999 11 4 2000 12 2 2001 NO DATA NO DATA 2002 NO DATA NO DATA 2003 21 9 2004 7 2005 20 10 2006 31 22 2007 22 11 2008 11 7 2009 9 5 2010 0 0 2011 0 0 Total 398 144 36% Vass Tate OA ROANOKE COUNTY STREET LI6NT REQUESTS IL PROCEDURES Polic This polic sets out the evaluation procedure b which all re for street li will be processed. The intent of the polic is to evaluate all re as to the need for li of streets within the Count to ensure the safet of vehicular and pedestrian traffic. Althou consideration is g iven to the crime rate of the area., it is not a ma factor for determinin the installation of a street li Street li re solel for protection of private propert (i.e. dusk to dawn li should be made directl to American Electric Power and the applicant shall assume all costs. F d roceures �Pj I Application: An person re a street li shall do so b completin the attached application ( see below or b writin to: Department of Communit Development P.O. Box 29800 Roanoke,, Vir 24018-0798 ( Email: en Evaluation: Each re will be lo into a street li led with the appropriate information and will be evaluated based on office and field research. (Please see cop of evaluation form and some of the factors for evaluation belo► The evaluation will be documented and calculated on the standard evaluation form. A cop of y our evaluation will be forwarded to you. l� TO W 4 � + • ` s`" � ,� � 11511. mr �, - � °151 s�mmt P 41MIN-9, ILI j A Lip i "1 hoar M MW mad M amaimmik ApwW Pat a -am aaw aft 4—a—i I F as 11m " 06r ie" I Urb Offl$traw g a'11-9v a uation, 110011 NEW b� WW Uri Acci'den *vow ft "t Ni `em Da den ' F ® r.ammmmml .11141111111OF fim� *11111 L 0 W Po. mmm om.m d Nmsa A 15 � Ted CuivaWr�F I k * 44 pol 'W WIN rgb J ja- x G p an,A ch Pt I ism r 0 �Its x 0 EMIL am ii� Law 1111�1 NI'MINEW Im"r ma� I h 16 - -10 1� . 11151," If Alf I I VAL LIA 3 F j JMU It 7 Results of lEvaluation: If W.ALr =V es tg � 17 ints o /r tel- Qn ffi t7A rm,. Roanoke _7 _ -r o ta� evgjt f onto — Count will forward y our re to American Electric Power (AEP) for installation once funds are allocated (see Approval and Installation Sdvdule included in this bro re) The Bo -f Supervisors determines the y earl y chu - ard o alliocation of funds. for street li installation, ff M ur w est scora5 betw-een a . y ou ma re an Appeals Committee to review y our application for a street li The re r must be in writin and y ou can mail y our re to the Count of Roanoke for schedulin The Appeals Com�mittee, consi-stn of Roanoke Count r Je I ite esic -nts, wrl.1 conduct their s' evaluatio,n at a time that y ou ma be present. ff your reauest ore-5 1 55 pOnts the street li will not be 'Installed b Roanoke Countyll If your request is denied and you still wish to pursue a dusk to dawn light, you can contact AEP at: 1- 800 - 956 -4237, for further assistance. Installation: Upon approval, each request will be forwarded to American Electric Power for installation. Approval and Installation Schedule The process for evaluating the numerous requests and installing approved lights will normally take several months with time allowances given as follows: Evaluation: 3 - Weeks Reports and Maps: 2 -4 Weeks Installation: 30-Days - 6 Months F � ---- - irformation For further information about street lighting, contact the Department of Community Development at: Phone: 540 - 772 -2080, Email: engineering @roanokecountyva.gov For street light outages, call AEP Service Repairs: 1- 800 - 956 -4237. STREET LIGHT APPLICATION Location of Street Li Street/house address Nearest intersection AEP pole number Re b Name Address Home Phone # Work Phone # Check if y ou would like to be present at evaluation 0 If y es, between 8:00 a.m. and 5:00 p.m. 13 or after 5:00 p.m. C3 Comments: PLEASE RETURN THIS APPLICATION TO THE MAILING ADDRESS BELOW, DROP OFF AT OUR OFFICES ON 5204 BERNARD DME, FAx To (54O)7'J76- J7155 OR EMAIL is RESPONSES TO: en COUNTY OF ROANOKE, DEPT. OF COMMUNITY DEVELOPMENT P.O. Box 29800, ROANOKE, VA 24018-0798 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 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 in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies - that, to the best of each mernber's knowledge: 'I. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were iden'ti'fied in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. ACTION NO. ITEM NO. Q -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 13, 2011 AGENDA ITEM: Resolution of congratulation to the Northside High School baseball team for winning the Virginia High School League (VHSL) Group AA Championship SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman, ll County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Northside High School baseball team won its first Group AA State Championship after putting together a strong second half of the season to propel them into a story book run in the playoffs and won the VHSL state title on June 11, 2011 Along with the players and their families, Coach Ed Culicerto and Athletic Director Janes " Butch" Tyree will attend the meeting. All assistant coaches are invited as well. Dr. Lorraine Lange and Jerry Canada, Hollins District School Board Representative will attend to represent Roanoke County Schools. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 RESOLUTION OF CONGRATULATIONS TO THE NORTHSIDE HIGH SCHOOL BASEBALL TEAM FOR WINNING THE VIRGINIA HIGH SCHOOL LEAGUE (VHSL) GROUP AA CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Northside High School baseball team won its first Group AA State Championship this year, beating Tunstall 4 -0 on June 11, 2011, at Radford University; and WHEREAS, Northside High School won the VHSL Group AA Region III Championship on June 10, 2011, at Calfee Park in PLIlaski, by defeating York by 0 to 4; and WHEREAS, the Northside Vikings earned their first trip to a State championship game by defeating Cave Spring High School in the Group AA semifinal game by 12 to 11; and WHEREAS, the Northside Vikings finished their season with an outstanding regular season record of 14 wins and 0 losses and a final record of 21 wins and 8 loses; and WHEREAS, the Vikings are under the dedicated leadership of Head coach Ed Culicerto and Assistant Coaches Ben Creasy, Patrick Weddle, Jimmy Winterer, Kelly Dampeer, Stan Adams, David Culicerto, Aden Martin and Score Keeper Jim Wolfe. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the members of the NORTHSIDE HIGH SCHOOL BASEBALL TEAM: Tray Bayse, Sam Carruthers, Matt Culicerto, Todd Dunbar, Tyler Fisher, Tyler Goodman, Jonathan Hale, Zach Hamilton, Page 1 of 2 Adam Hardister, Cory Lewis, Parker Linden, Lucas Nowlin, Ben Plunkett,Tyler Rowsey, Logan Stanley, Brett Tuck and Tyler Wolfe. BE IT FURTHER RESOLVED, that the Beard of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. Page 2 of 2 R -1 PETITIONER: GLENN REED CASE NUMBER: 6- 412011 Board of Supervisors Consent V Reading Date: September 27, 2011 Planning commission Hearing Dates: October 4, 7011 & December 5, 2011 Board of Supervisors Hearing & 2 " Reading Date: December 13, 7011 A. REQUEST Rezone approximately 13.7 acres from AR, Agricultural /Residential District, to AV, AgriculturalNillage Center District, for primary/secondary educational facilities and general office use and to obtain a Special Use Permit for a convenience store. B. CITIZEN COMMENTS 8 citizens spoke. One citizen, who is a minister and teacher at the Bent Mountain Christian Academy, spoke in support of the petition. Another citizen spoke in favor of the petition because the convenience store will offer things currently not available in the community. Another citizen, who owns the B & S gas station, spoke against the project stating that there is not enough business to support two gas stations. One citizen, who owns a vacant parcel to the subject site, asked that the school location be moved further from his property line. The last citizen voiced concerns about the entrance location of the gas station/convenience store. C. SUMMARY OF COMMISSION DISCUSSION Ms. Pattisall addressed the changes to the previous site plan since the hearing was continued on October 4 t "'. She also discussed the proffered condition for substantial conformance to the site plan and renderings. Mr. Radford asked about the note requiring dumpster screening. Ms. Pattisall stated that the determination of what is appropriate would be handled during the site plan review process. Ms. Pattisall provided clarification to the Commission and citizens regarding the location of the school building, which had changed slightly since the last hearing and also now includes buffer yards which were not on the previous plans. Mr. Pierson, engineer for the petitioner, spoke regarding the entrance location and how it was determined through a VDOT traffic study. D. PROFFERED CONDITION 1. The site shall be developed in substantial conformance with the site plan prepared by Pierson Engineering and Surveying, dated November 28, 2011, and the architectural renderings prepared by Interactive Design Group dated July 18, 2011. E. COMMISSION ACTION Mr. David Radford made a motion to recommend approval of the rezoning with the proffered condition and special use permit request. The motion carried 5 -0. F. O. DISSENTING PERSPECTIVE None. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission Petitioner: Glenn Reed Request: Rezone approximately 13.7 acres from AR, Agricultural /Residential District, to AV, AgriculturalNillage center District, for prim arylsecondary educational facilities and general office use and to obtain a Special Use Permit for a convenience store. Property: 9551 Bent Mountain Road, Windsor Hills Magisterial District Tax Map Number: 103.00 -02 -21.00 -0000 Property owner: Glenn Reed The following is a proffered condition for the above referenced zoning case: Proffered Condition: 'I ,} The site shall be developed in substantial conformance with the site plan prepared by Pierson Engineering and Surveying, dated November 28, 2011, and the architectural renderings prepared by Interactive. Design Group dated July 18, 2011. Z /-W /;.., - g�- Glenn Reed NOW of Roanoke p G PERMITS TOR, ARNOLD COVEY DEVELOPMENT REVIEW DEPUTY DIRECTOR OF DEVELOPMENT SERVICES, TAREK MONEIR ENGINEERING DEPUTY DIRECTOR OF PLANNING, PHILIP THOMPSON INSPECTIONS COUNTY ENGINEER, GEORGE W. SIMPSON, III, P.E. MAPPING /GIS BUILDING COMMISSIONER, JOEL S. BAKER, CBO STORMWATER MANAGEMENT TRANSPORTATION MEMO To: Planning Commission From: Tara Pattisall, Planner II Date: November 29, 2011 Subject: Reed Rezoning /Special Use Permit Application 6 -4 -2011 Request: Rezone approximately 13.7 acres from AR, Agricultural /Residential District, to AV, Agricultural /Village Center District, for primary /secondary educational facilities and general office use and to obtain a Special Use Permit for a convenience store Review: The original hearing for this petition was on October 4, 2011. At the time, the site plan lacked detailed information and notes. Due to the complicated nature of the plan, the Commission agreed that a proffer for substantial conformance to the site plan would be needed because conditions would only apply to the Special Use Permit portion of the request (convenience store.) However the current site plan did not contain enough information and the hearing was continued to November 1, 2011 pending receipt of a more thorough site plan. Staff met with Mr. Reed and his engineer to review the site plan on October 12. The revised site plan, dated November 28, 2011 includes vegetative buffers and the following notations: 1) There will be no vehicular or pedestrian circulation or connection between the school and the convenience store and office buildings. 2) The convenience store canopy shall not exceed twenty (20) feet in height. The canopy shall match the appearance and materials of the convenience store. Lighting in the canopy shall be recessed and directed downward and inward into the site. 3 ) All proposed freestanding light poles, including fixtures, shall be less than eighteen (18) feet in height above grade. All exterior lights, including security lighting, shall be down -lit or shielded so as not to direct glare onto adjoining streets or residential properties. The intensity at adjoining streets or residential properties shall not exceed 0.5 foot candles. Light poles and fixtures shall be black, gray or grayish- brown. 4) Two freestanding monument signs shall be allowed for this development. The monument sign shall be constructed to generally match the architecture and material of the buildings and shall not exceed seven (7) feet in height or ten (10) feet in width. These signs shall be channel lit, ground lit, or top lit with a shielded light source so as not to cast light onto the path of traffic or any adjacent road or property. 5) Signage placed on a building wall shall occupy less than five (5) percent of the facade of that wall. The maximum number of signs shall be limited to three (3) signs per business. 6) Dumpsters shall be screened and located behind buildings. 7) All landscaping shall comply with the provisions of Section 30- 92 -4.1, Clearbrook Village Overlay District, of the Roanoke County Zoning Ordinance. Shortly thereafter, Mr. Reed asked to continue the hearing to December 5, 2011, due to a scheduling conflict. The applicant will be submitting the following proffer with this amended site plan. 1. The site shall be developed in substantial conformance with the site plan prepared by Pierson Engineering and Surveying, dated November 28, 2011. co 4 0 0 u '),iNA03 04 r::) � <- C�j = <- aj _j x Li �f _Q L VINIS�JIA 3>]ONIVO(\d z a (A 0 z oa X > F- L, & r, 10 - 0 C CU LA ® 3 3 d N N 3� S :z 0: N 0 N r, ,I- l-- IIILI: c; 00 w W — __ a, co Ln doi co N m : 3 -< <<< SNCISIA3a LLJ \0 \0 G, G, 2 2 0 NV d 31OS )\dVNINMdd �tia�WO __j Ln ova T.0 0::i o �04 0_0 J: m C C. U 10 1 5 . 7 0 LO CY) C > -0< 14 E N I .S -0 4) 0 .'0 E N N 0 > C-r o< C14 Of ox O] O T 00 > O.r >- LU c 0 p E N D > 0 0 ;D _j 00N C , x o 04 0 .0 cq il l i'I L _S691 ()"E( .. > -0 \ _J �i o z I ---------------- w - 0 1 01 o o Le, c N 0 W W AL C: Z F- C.- CY- 01 > < 0 P4 W ll -> O N _j . �= j � , Z 0 q , I 0 -3 — 20 0 0 o 3: > aa 0 6 V) V) 0 LO 04 l- to E Z E-S, C, r F- 31- cn >� N C --------------- ------------- ----------------------- CI4 . r 1 60 N < ------- --------- ----------- ----- 0 m 0 ' E N " =I C, m N ", 1�1 0 cj 0 II x _j 3 114 X > 0 C 'o N, Ln - - - 0 8 C, 0 c) Z > cq 0 1 .2 < Nz 0 0 K 00 L A\ A), , F-- D -7/ -------- --- 'r ry6g0 < ------------- Z Z" F- 0 0 0 L) C: ,, --------- F- Z % \% %% -------- > C3 0 0 V) CO 0) % _j 0 . 0 cn a) D O U L 0 C3 0 a) C4 4) C) 0 -C rn 0 0 C, 0 9 10 ------- 0 (D >_ 0 0 cn 0) N d) 0) a) (L) O X >1 C) U) X C.) 0 , CO 0 (L) 0 U) CD 0 0 :3 C/) Q) _n (1) -0 % o �E 43 . 0 j C 7) C/3 0 N 0 X Ld ------ ------ --------- - 0 C: (L) >1 0 .0) C) 0 C3 > .L.. x U r 0 0 0 C >, • cn cj:� % > U 0 a) N 0 y) o - :3 0 a) ------- 0 cf) 0 :6 _ (D 0 x 0 0 _F_ 0 cm 0 > 0 0 C .2) U M 0 -If c L) 0-0 a) a) 3� -0 0 -C C: d) 0 :)) — 0 E E ' _0 L 0 0 E C3 0) 0 ----------- - ----------- - a C) CD D V) -C :E C , ) _n 4) , >, CY) 4) C: 0 -0 W E c3 0 I --------------- 0 0 0 0 x I to O 0 0 En Q) C) a) > 'o 0 F_ i� - 4) ------------ 0 0 V) CN C3) > C3 0— 0 3: , C-) 0 L) C) 4) 0 -0 0 — . 0) 1 0 C/) 0) 0 �o C14 I C14 c 2 C14 < U) E 0 0 'L C (1) L) V) C: 0 N > > 0 0 0 a) C: -4 E -2 _ C) U) 0- C3 L. V) 0 CA 0 0 x.,2 0 c3 1 0 C) (D 0) 0 Q) .— _0 c -C 0 41) (1) (n 0) w C: 3� U _F_ a- (D q) -C Jc = 0 J F_ _F_ 0 < CD N 0) o :3 0— a) r_� STAFF REPORT Petitioner: Glenn L. Reed Request: Rezone approximately 13.7 acres from AR, Agricultural /Residential District, to AV, Agricultural /Village Center District, for primary /secondary educational facilities and general office use and to obtain a Special Use Permit for a convenience store Location: 9651 Bent Mountain Road Magisterial District: Windsor Hills Suggested 1) The convenience store canopy shall not exceed twenty (20) feet in height. Conditions: The canopy shall match the appearance and materials of the convenience store. (Convenience Lighting in the canopy shall be recessed and directed downward and inward Store Only) into the site. 2) All proposed freestanding light poles, including fixtures, shall be less than eighteen (18) feet in above grade. All exterior lights, including security lighting, shall be down -lit or shielded so as not to direct glare onto adjoining streets or residential properties. The intensity at adjoining streets or residential properties shall not exceed 0.5 foot candles. Light poles and fixtures shall be black, gray or grayish- brown. 3) One freestanding monument sign shall be allowed for this development. The monument sign shall be constructed to generally match the architecture and material of the buildings and shall not exceed seven (7) feet in height or ten (10) feet in width. These signs shall be channel lit, ground lit, or top lit with a shielded light source so as not to cast light onto the path of traffic or any adjacent road or property. 4) Signage placed on a building wall shall occupy less than five (5) percent of the facade of that wall. The maximum number of signs shall be limited to three (3) signs. 5) Dumpsters shall be screened and located behind buildings. 6) All landscaping shall comply with the provisions of Section 30- 92 -4.1, Clearbrook Village Overlay District, of the Roanoke County Zoning Ordinance. Proffered Conditions: None. (Entire Development) EXECUTIVE SUMMARY: Glenn Reed is requesting a rezoning from AR, Agricultural /Residential District, to AV, Agricultural/Village Center District, and a Special Use Permit for a convenience store on a vacant 13.7 -acre parcel located at 9651 Bent Mountain Road. The proposed site plan includes a convenience store, an office building, and a private primary /secondary educational facility. The primary /secondary educational facility is allowed by Special Use Permit in AR, but the other uses are not. In AV, the primary /secondary educational facility will be allowed by- right. The project is proposed to be phased with the private primary /secondary educational facility being built first, the convenience store built second, and the general office building built last. According to the 2005 Roanoke County Comprehensive Plan, the Future Land Use Designation of the property is Rural Preserve. Rural Preserve is a future land use area of mostly undeveloped, outlying lands. These are rural regions which are generally stable and require a high degree of protection to preserve their agricultural, forestal, recreational, and remote rural residential characteristics. Land use types include Agricultural Production, Forest and Wood Products, Parks and Outdoor Recreation Facilities, Rural Residential, Rural Institutional, Mining and Extraction Operations The development of a Private Educational Facility is in conformance with these guidelines. The adjacent parcels to the north have a future land use designation of Village Center, which are areas that serve as the commercial and institutional focal point of surrounding rural residential and farming establishments. Here, the highest level of rural land use activities may occur. By nature, the majority of commercial and institutional activities in Village Center areas are designed, scaled and marketed to best serve the product and service needs of the residents from the surrounding rural areas. Appropriate land uses in Village Center include institutional uses such as schools, establishments that provide retail goods and services to the surrounding rural village residents, and small - scale, rural establishments that provide retail goods and services to the passing motorists. These uses should be clustered in a village design that complements the rural surroundings. All facets of the petitioner's request are in conformance with this adjacent future land use designation. Design Guidelines within the Comprehensive Plan should be utilized in reviewing this project. 1. APPLICABLE REGULATIONS A convenience store is defined as "establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged or prepared food and beverages, and limited household supplies and hardware. This use may include fuel pumps and /or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores." A convenience store is allowed as a special use in the AV District. Section 30 -85 -13 (attached) of the County's Zoning Ordinance provides use and design standards for convenience stores. General office is defined as "use of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, travel, or other business offices; organization and association offices; or law, architectural, engineering, accounting or other professional offices." General office is allowed as a by -right use in the AV District. Section 30 -84 -1 (attached) provides use and design standards for a general office. Educational facilities, primary /secondary is defined as "a public, private or parochial school offering instruction at the elementary, junior and /or senior high school levels in the branches of learning and study required to be taught in the public schools of the Commonwealth of Virginia." Primary /secondary educational facilities are allowed as a by -right use in the AV District. Section 30 -83 -5 (attached) provides use and design standards for educational facilities. 2. ANALYSIS OF EXISTING CONDITIONS Background — The parcel at 9651 Bent Mountain Road is undeveloped. When Bent Mountain Elementary School closed, Bent Mountain Christian Academy was formed. They currently have seventeen students and meet in the nearby Methodist Church. Topography /Vegetation -The site is an open field with little change in elevation. 0, Surrounding Neighborhood — The adjacent properties to the north are zoned AV, Agricultural /Village Center District. This area includes some vacant commercial property fronting on Bent Mountain Road and several single family residences. The adjacent properties to the east, south, and west are zoned AR, Agricultural /Residential District and are comprised of single - family residences. The Bent Mountain Fire Station is located to the north across Bent Mountain Road. Less than a half a mile away is the Methodist Church, the former Bent Mountain School, and B & S Mart (convenience store). 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout /Architecture —Three buildings are proposed on the site plan. The proposed style for all buildings is similar to "country store" style with red siding and metal roofing. A 3,000 square foot convenience store and a 2,250 square foot office building are proposed to front on Bent Mountain Road. They have shared parking with 47 spaces and 4 accessible spaces. Four gas pumps are proposed. A 3,650 square foot private primary /secondary educational facility has proposed access from Tinsley Lane on the back of the property. The site plan also includes a "Gym Area with Warming Kitchen" which appears to be around 3,650 square feet as well and an unlighted outdoor recreational field. 27 parking spaces are proposed. The intent is to accommodate the existing Bent Mountain Christian Academy for an expansion of up to 100 students. Parking requirements for the Educational Facility are to be determined by the Zoning Administrator but no less than 1 space per employee, plus 1 space per each 4 students in 11 th and 12th grades. The proposed site plan meets these minimum requirements. A substantial drainfield area is proposed to be located between the two areas of development. Access /Traffic Circulation — Access to the convenience store and office building would be located along Bent Mountain Road. Access to the private primary /secondary educational facility would be located along the back of the property via Tinsley Lane. A traffic impact analysis was provided and showed no need for a turning lane along Bent Mountain Road. The Virginia Department of Transportation (VDOT) offers no objections to the request, but requires that 600 feet of sight distance must be maintained on Bent Mountain Road. Fire & Rescue /Utilities — Fire and Rescue has granted a fire flow modification for this proposal under the Wildlife Urban Interface Code, which will require subsequent review before building commences. Economic Development — The Roanoke County Department of Economic Development offers no objections to this Special Use Permit request. Community Meeting- A community meeting was held September 8, 2011, and twenty -two people attended. One citizen voiced objections that Bent Mountain already has a school and a convenience store and does not need any more development. Another citizen, who owns the B & S Mart, objected to the entire development, in particular a competitor convenience store. Questions were raised as to why Bent Mountain Christian Academy cannot use the existing Bent Mountain Elementary School (this option was explored by Mr. Reed and was not feasible through the County) or continue using the basement of the Methodist Church (they have outgrown the space and are not affiliated with the Methodist Church.) One of the adjacent residential neighbors who purchased their property from Mr. Reed objected to any development stating that no future development was disclosed at the time of sale. Another adjacent property owner, (who also purchased from Mr. Reed) spoke in support of the development. Questions were raised regarding lighting and landscaping, both of which are shown on the site plan but no specifics were provided. 3 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Comprehensive Plan indicates that the Future Land Use Designation of the subject property is Rural Preserve, however a large area of adjacent land is designated as Village Center. It is unclear why the Village Center Land use was not continued on to the intersection of Tinsley and Bent Mountain Road where the B & S Mart and the former Bent Mountain Elementary School are located. It seems that this may have been an oversight since these uses are a major part Bent Mountain's Village Center area. The petitioner's request is in conformance with the guidelines of the adjacent Future Land Use of Village Center. The Comprehensive Plan also contains Design Guidelines (attached) in general and for specific land use designations that should be utilized in the review of this project. 5. STAFF CONCLUSIONS The rezoning to AV, Agricultural /Village Center District, is in conformance with the adjacent zoning of the site. The private primary /secondary educational facility is an appropriate use for either AR or AV districts provided the additional site development standards are met. The convenience store and office building should not generate a significant enough traffic impact to require a turning lane. The proposed convenience store and office parking may exceed the maximum determined through the County site plan review process. Monument style signage and reduced height lighting are more in character with the area and monument signs should be highly visible due to the VDOT requirement of 600' of sight distance. All uses proposed are similar to existing nearby uses and the architectural renderings fit in well with the character of the Bent Mountain community. The suggested conditions would only apply to the convenience store use. To ensure conformity throughout the development, proffers matching the suggested conditions should be discussed and evaluated. CASE NUMBER: 6 -4 -2011 PREPARED BY: Tara Pattisall HEARING DATES: PC: 10/1/11 BOS: 10/25/11 ATTACHMENTS: Application Materials Architectural Renderings Revised Site Plan Aerial Photograph Future Land Use Map Zoning Map AV Zoning District Regulations AR Zoning District Regulations CVOD District Regulations Use and Design Standards AV Signage Standards Shared Parking Regulations Comprehensive Plan Design Guidelines 11 Count of Roanoke Communit Development Plannin & Zonin 5204 Bernard Drive P 0 Box 29800 Roanoke,, VA 24018-0798 ( 540 ) 772-2068 FAX ( 540 ) 776-7155 For Staff U s e Onl Date received: Z 2 Application fee: � .35f w. Placards issued: Received b P(_%/BDZ d ate: 1 � BOS date: Case Number ALL APPLICANTS Check t of application filed (check all that appl XRezonin XSpecial Use D Variance 0 Waiver 0 Administrative Appeal El Comp Plan ( 15.2-2232 ) Review Applicants name/address w/zip Phone: Work: � '� Cell Fax No.: 71 Owner's name/address w/zip Phone #: Work: -z Z-AA Plot M 4-4 / U , Fax No. 4: AA Propert Location -� DA 1V L . e 40 06 PA 9 C 'I Ma District: � - - Communit Plannin area: ��'�'�,. �+ � f1���� �,� Tax Map No.: 1c) S, - 01 - Zt:zj- r.> Existin Zonin Size of parcel( Acres: 1,"s 1-1 �� s }: ,:) Existin Land Use: .�.�;. � ,� -, ti REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (is 2-2232 REVIEW APPLICANTS (R/S/VV/CP) Proposed Zonin C � � ��� � ? � �-'�- - �� � .- � , I Proposed Land Use: tA,(L\Y\� - � Does the parcel meet the minimum lot area, width, and fronta re of the re district? Yes / No - IF N0 A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the re Use T Yes No Ll IF NO, A VARIANCE IS REQUIRED FIRST If rezonin re are conditions being proffered with this re Yes 11 No L-1 VARIANCE, WAIVER AND ADMINISTRA TIDE APPEAL APPLICANTS WIAA) Variance/ Waiver of Section(s) of the Roanoke Count Zonin Ordinance in order to: Appeal of Zonin Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke Count Zonin Ordinance Appeal of Interpretation of Zonin Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTS ARE MISSING OR INCOMPLETE. PJS/W/CP V/AA V1 Consultation R/SAV/CP V/AA 8 112H x I I " concept plan V11" Application Metes and bounds description L_ V/ J Justification Water and ; seer application I hereb certif that I a either the owner of the propert or the ow er's a or cont m of the owner. R/S/W/CP V/AA UL n-E) n Applicati Proffers, if h a Adjoinin pr pur tanm actin with the knoN Owner's Si 0) JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN ( 15.2-2232) REVIEW If . - REQUESTS Applicant The Plannin Commission will stud rezonin special use permit waiver or communit plan (15.2-2232) review re to determine the need and justification for the chan in terms of public health, safet and g eneral welfare. Please answer the followin q uestions as thorou as possible. Use additional space if necessar Please explain how the re furthers: the purposes of the Roanoke Count Ordinance as well as the purpose found at the be of the applicable zonin district classification in the Zonin Ordinance. ce C G, AA QA V � q c� -5e- Please explain how the project conforms to the g eneral g uidelines and policies contained in the Roanoke Count Communit Plan. 11 .& V Please describe the impact of the re on the propert itself, the adjoinin properties, and the surroundin area, as well as the impacts on public services and facilities, includin water/sewer, roads, schools, park s/re creation and fire and rescue. AC:4 r C . .......... f 4 V V ) C) r CAP OA Communit Development Plannin & Zonin Division NOTICE To APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke Count Plannin Commission reserves the ri to continue a Rezonin Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearin If it is the opinion of the majorit of the Plannin Commissioners present at the scheduled public hearin that sufficient time was not available for plannin staff and/or an outside referral a to ade evaluate and provide written comments and su on the new or additional information prior to the scheduled public hearin then the Plannin Commission ma vote to continue the petition. This continuance shall allow sufficient time for all necessar reviewin parties to evaluate the new or additional information and provide written comments and su to be included in a written memorandum b plannin staff to the Plannin Commission. The Plannin Commission shall consult with plannin staff to determine if a continuance ma be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke Count Plannin Commission reserves the ri to continue a Rezonin Subdivision Waiver, Public Street Waiver,, or Special Use Permit petition if the Count Traffic En or staff from the Vir Department of Transportation re further traffic anal and/or a traffic impact stud that would be beneficial in makin a land use decision (Note: a list of potential land uses and situations that would necessitate further stud is provided as part of this application packa This continuance shall allow sufficient time for all necessar reviewin parties to evaluate the re traffic anal and/or traffic impact stud and to provide written comments and/or su to the plannin staff and the Plannin Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newl scheduled public hearin date. Effective date; April 19 , 2005 N me of Petition 1-7 Petitioner's S'1 9 nature Date 8 C' t . C-5 vf' CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall g raphicall y depict the land use chan development or variance that is to be considered. Further, the plan shall address an potential land use or desi issues arisin from the re In such cases involvin rezonin the applicant ma proffer conditions to limit the future use and development of the propert and b so doin correct an deficiencies that ma not be mana b Count permittin re The concept plan should not be confused with the site plan or plot plan that is re prior to the issuance of a buildin permit. Site plan and buildin permit procedures ensure compliance with State and Count development re and ma re chan to the initial concept plan. Unless limitin conditions are proffered and accepted in a rezonin or imposed on a special use permit or variance, the concept plan ma be altered to the extent permitted b the zonin district and other re A concept plan is re with all rezonin special use permit, waiver, communit plan (15.2-2232) review and variance applications. The plan should be prepared b a professional site planner. The level of detail ma var dependin on the nature of the re The Count Plannin Division staff ma exempt some of the items or su the addition of extra items, but the - followin g are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or s feet and dimensions d. Location, names of owners and Roanoke Count tax map numbers of adjoinin properties e. Ph features such as g round cover, natural watercourses, floodplain, etc. f. The zonin and land use of all adjacent properties g . All propert lines and easements h. All buildin existin and proposed, and dimensions, floor area and hei i. Location, widths and names of all existin or platted streets or other public wa within or adjacent to the development j . Dimensions and locations of all drivewa parkin spaces and loadin spaces /I dditional information i-e u h -e dfoi- REZONING and SPECIAL USE PERMIT APPLICANTS k. Existin utilities (water, sewer, storm drains) and connections at the site f I C I. An drivewa entrances/exits, curb openin and crossovers m. Topo map in a suitable scale and contour intervals n. Approximate street g rades and site distances at intersections o. Locations of all adjacent fire hydrants &/ /, A p. An proffered conditions at the site and how the are addressed q . If project is to be phased, please show phase schedule I certif that I items re in the checklist above are complete. 212 Si of applicant Date 31 �ad� ; � c S man on gad vi sc M in% Wi 711 4? g 4 3i r-I 0 co 9 C4 m fn ui D z O Q 0 LO n LLI LF) Z) 0 0 0 V L V) uj aC LLJ CL 0 oC LLI LLJ W- z LLJ —j (D r-i 0 tu :3 Z rij X (4) 2 0 U Ld CL Lu Ln Ln u 0 r� r, cc r - 4 Ln Z LLJ CD F— z UJ W LL LLJ V) W U.j NC 0 to Z z -I < cl 0 m = LL 0 0 V) W z 0 0 V) ui 3: 0 z z P-% 0 C) 1 II O 4 W W UJ 0 CC z w rii 0 J Z p i v w G3 Z ~ Q z Z Z ii 0 © �_ Z .�.� _Z u"y z 3: o LU F- � Y c o d z w o +jn W_ cr- W [L 0 [L W W LU J d G W_ D. Q u w CL t nnu I�. d � mmo Ln W 75 ULJ CD w W F- Z u w0 CIC LLI� �V Y LLJ F— kD z Z o0 rn at r l 0 u i-I 0 m ` N �� LU m m � Z ltl Z t co LL Q O LL 0 0 W- OC W 2 15 0 � W Z Q LL. 0 a 0 2 in Z Z Z N} W t w y Z x Y Ln O + Ln LU cc W CL LLJ W z W J Q Z W_ Q CL Q u W W m m= C nUw /�� V z .-,. �nma O _ Lin, L -, Q Q W� </ > w 11 W b LU = Q ui z oO K1Ir L ` r L 0 y � r p: a jr 1 p 6 A r w l .r -LI J4 a r , A A W Al k �• �, ; Yk or Applicants Name: Glenn L Reed N Existing Zoning: AR Roanoke County Department of Prop Zoning: AVS Tax Map Number. . 103.00 00 0000 Community Development Magisterial District: Windsor Hills Area: 13.7Acres 8 February, 2011 Scale: 1 " = 200' ♦NA k"WARVA III IN' ON FA MA IVA EMM MIN ON FA MA M q ��N EX,MWE ������♦ 5 0A "m mI RAF 12, IVA ����������������� OVA MA MA IVA ON VA ON VA PIP , IVA ON AF ON FA MA MAP NAN SOA *11 A 120111 IVA LOP, 'A MA �� I �� �� I� 1 NAF III 5 IVA IVA � W M M W A W � M � O N W 3 1 1 O A O N � � � ����� � � ������ . � Applic N • Roanoke Count N Existin Zonin AR De . Proposed Zonin A VS I M Number: 1 0 3. 00 - 0 2 - 21. 00 C Devel I I D istrict: A re a : • F e b ruar y , 2 /, Applicants Name: Glenn L Reed N Existing Zoning: AR Roanoke County Department of Proposed Zoning: AVS Tax Map Number. . 103.00-02-21. 00- 0000 Community Development Magisterial District: Windsor Hills Area: 13.7Acres 8 February, 2011 Scale: 1 " = 200' A V District Regulations SEC. 30 -36. AV AGRICULTURAL /VILLAGE CENTER DISTRICT. Sec. 30 -36 -1. Purpose. (A) The purpose of the AV, agricultural /village center district is to establish areas which will serve as the focal point for cultural and commercial activity of the rural service areas of the county, as envisioned in the comprehensive plan land use category of the same name. The density recommended for these areas is intended to average between one (1) and three (3) units per acre. Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices and places of religious assembly, are commonly found at these crossroad locations. These areas bring a sense of community to the surrounding rural areas, with an emphasis on providing the essential goods and services to rural residents, but are not intended as employment destinations for urban residents. New development should therefore be carefully considered for its compatibility with the surrounding development and the purpose and intent of this district. Any expansion of these areas should be contiguous to existing village center areas to avoid leap -frog commercial development. Similarly additional development may warrant additional public services, such as community sewer and water systems. (Ord. No. 042799 -11, § § If., 2, 4- 27 -99; Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -36 -2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture * Stable, Private * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty /Barber Salon * Home Occupation, Type I * Manufactured Home * 1 A V District Regulations Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single - Family Dwelling, Attached * Single- Family Dwelling, Detached Temporary portable storage containers Two - Family Dwelling * 3. Civic Uses Administrative Services Clubs * Community Recreation * Cultural Services Day Care Center * Educational Facilities, Primary /Secondary * Family Day Care Home * Park and Ride Facility * Post Office Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 4. Office Uses Financial Institutions General Office * 6 A V District Regulations Medical Office * 5. Commercial Uses Antique Shops * Bed and Breakfast Consumer Repair Services Personal Improvement Services Personal Services Restaurant, General Studio, Fine Arts Veterinary Hospital /Clinic 6. Miscellaneous Uses Amateur Radio Tower Wind Energy System, Small* (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Commercial 2. Residential Uses Alternative Discharging Sewage Systems Multi - family Dwelling * Townhouse 3. Civic Uses Adult Care Residences * 3 A V District Regulations Cemetery * Crisis Center Halfway House Life Care Facility Nursing Home Religious Assembly Utility Services, Major 4. Commercial Uses Agricultural Services Automobile Repair Services, Minor Automobile Parts /Supply, Retail Boarding House Clinic * Convenience Store Fuel Center* Funeral Services Garden Center * Gasoline Station Kennel, Commercial Restaurant, Drive In or Fast Food Restaurant, General 5. Industrial Uses Construction Yards 4 A V District Regulations Custom Manufacturing * Recycling Centers and Stations 6. Miscellaneous Uses Outdoor Gatherings (Ord. No. 42793 -20, § II, 4- 27 -93; Ord. No. 82493 -8, § 2, 8- 24 -93; Ord. No. 62795 -10, 6- 27 -95; Ord. No. 042799 -11, § 2, 4- 27 -99; Ord. No. 072605 -7, § 1, 7- 26 -05; Ord. No. 042208 -16, § 1, 4- 22-08; Ord. No. 052609 -22, § 1, 5- 26 -09; Ord. No. 030811 -1, § 1, 3 -8 -11) Sec. 30 -36 -3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 25,000 square feet b. Frontage: 85 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a. Area: 15,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 35 feet. b. Accessory structures: Behind the front building line. 5 A V District Regulations 2. Side yard: a. Principal structures: 10 feet b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures: 1. All structures: 45 feet (D) Maximum coverage: 1. Building coverage: 30 percent of the total lot area. 2. Lot coverage: 75 percent of the total lot area. (Ord. No. 62293 -12, § 10, 6- 22 -93) 1,� AR District Regulations SEC. 30 -34. AR AGRICULTURAL /RESIDENTIAL DISTRICT. Sec. 30 -34 -1. Purpose. (A) These areas are generally characterized by very low density residential and institutional uses mixed with smaller parcels that have historically contained agricultural uses, forest land and open space outside the urban service area. These areas provide an opportunity for rural living in convenient proximity to urban services and employment. Agricultural uses should be encouraged to be maintained. Over time, however, these areas are expected to become increasingly residential in character, with residential development becoming the dominant use over agricultural and more rural type uses. The purpose of this district, consistent with the Rural Village land use category in the comprehensive plan, is to maintain these areas essentially in their rural state, consistent with the level of services anticipated by the county. These areas are generally suitable for low density residential development and other compatible land uses. (Ord. No. 62795 -10, 6- 27 -95; Ord. No. 042799 -11, § 1 f., 4- 27 -99; Ord. No. 042208 -16, § 1, 4- 22-08) Sec. 30 -34 -2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture * Forestry Operations * Stable, Private * Stable, Commercial * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Occupation, Type I * Manufactured Home * 1 AR District Regulations Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single Family Dwelling, Detached Temporary portable storage containers * 3. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor 4. Commercial Uses Veterinary Hospital /Clinic S. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small* (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Alternative Discharging Sewage Systems Home Beauty /Barber Salon * 2. Civic Uses Camps * 6 AR District Regulations Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary /Secondary * Religious Assembly Safety Services * Utility Services, Major 3. Commercial Uses Antique Shops * Bed and Breakfast Golf Course Kennel, Commercial 4. Industrial Uses Custom Manufacturing Resource Extraction S. Miscellaneous Uses Broadcasting Tower Outdoor Gatherings (Ord. No. 42793 -20, § II, 4- 27 -93; Ord. No. 82493 -8, § 2, 8- 24 -93; Ord. No. 42694 -12, § 7, 4- 26-94; Ord. No. 62795 -10, 6- 27 -95; Ord. No. 042799 -I1, § 2, 4- 27 -99; Ord. No. 072605 -7, § 1, 7- 26 -05; Ord. No. 042208 -16, § 1, 4- 22 -08; Ord. No. 052609 -22, § 1, 5- 26 -09; Ord. No. 030811- 1, § 1 3 -8 -11) Sec. 30 -34 -3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. 3 AR District Regulations (A) Minimum lot requirements 1. Lots served by private well and sewage disposal system: a. Area: 1 acre (43,560 square feet) b. Frontage: 110 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 30,000 square feet b. Frontage: 110 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a. Area: 25,000 square feet b. Frontage: 90 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 15 feet b. Accessory structures: 15 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 10 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 4 AR District Regulations 5. Where the principal structure is more than 150 feet from the street, accessory buildings maybe located 150 feet from the street and 20 feet from any side property line. (C) Maximum height of structures. 1. All structures: 45 feet (D) Maximum coverage. 1. Building coverage: 15 percent of the total lot area. 2. Lot coverage: 30 percent of the total lot area. (Ord. No. 62293 -12, § 10, 6- 22 -93) 5 Municode Page 1 of 3 Sec. 34- 58 -1,- Purpose. The purpose of the Clearbrook village overlay district is to promote future development that is consistent with the current character of Clearbrook, and with the comprehensive plan future land use map and policies for this area. Future development in this district should respect the character and historical context of the Blue Ridge Parkway, Clearbrook School, and other social and cultural resources in Clearbrook area. The Clearbrook area has adequate public facilities, good road access, suitable topography, and land available for development or redevelopment. Recognizing these factors, the plan, and this district promote the creation of the Village of Clearbrook. Commercial development consistent with these district standards and the community plan design guidelines for the Clearbrook village commercial overlay district is encouraged, .but strip commercial patterns of development are discouraged. Thus, the district allows a wide variety of commercial uses, but provides a high degree of emphasis on landscaping, building design, site design, and lighting and signage control. Sec. 34-58 -2.$ Creation of overlay. (A) The Glearbrook village overlay district is created as an amendment to the official zoning map of the county. All regulations and standards contained herein shall apply to all parcels and land within the designated overlay district. (B) The boundaries of the overlay district as shown on the official zoning map may only be amended by action of the county board of supervisors pursuant to section 30-14 of this ordinance. Sec. 30- 58 -3.- Applicability and administration. (A) The zoning administrator shall have the responsibility for determining compliance with these standards. In making any such determination, the zoning administrator shall consider the purposes of the Clearbrook village overlay district, and shall consider the extent to which the requested use or development substantially complies with the design guidelines for the Clearbrook village commercial overlay district adopted as part of the county community plan. If in the opinion of the zoning administrator, the use or development does not substantially comply with these design guidelines, the requested use or development shall, by decision of the zoning administrator, be considered a special use and shall require a special use permit pursuant to section 30 -19 of this ordinance. (Ord. No. 121900 --11. § 1 12-19-00) Sec. 30- 58 -4.- Permitted uses and use restrictions. The uses permitted in the Clearbrook village overlay district shall be governed by the underlying zoning district in which the property is located as shown on the official zoning maps, except as otherwise modified below: (A) The following uses shall be prohibited within the Clearbrook village overlay district: Civic Uses Park and Ride Facility Public Assembly 2. Commercial Uses Automobile Rental /Leasing Automobile Dealership, Used Automobile Repair Services, Major Boarding Houses Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Kennel, Commercial Mini - warehouse Pawn Shop http: Hlibi ary. rnunicode .comlprint.aspx?clientID= 12222 &HTMRequest= http %3 a %2f %2fli... 6/14/20 Municode Page 2 of 3 Recreational Vehicle Sales and Service 3. Industrial Uses Recycling Centers and Stations 4. Miscellaneous Uses Parking Facility Broadcasting Towers (B) Unless prohibited in 30- 58 -4(A) a special use permit shall be required for all uses listed as a special use in the underlying zoning district. In addition, the following uses shall require a special use permit within the Clearbrook village overlay district. An asterisk ( *) indicates additional, modified, or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1 Residential Uses Multi - Family Dwelling` Two - Family Dwelling* 2. Commercial Uses Agricultural Services* Automobile Repair Services Minor* Commercial Indoor Sports and Recreation Communication Services Construction Sales and Services* Gasoline Station Garden Center's Retail Sales* Veterinary Hospital /Clinic (Ord. No. 121 900 4 1, § 1. 12-19-00.: Ot No. 04220846, ^ 1. 4- 22.08) Sec, 30- 58-5.- Site development regulations. The site development regulations required in the Clearbrook village overlay district shall be governed by the underlying zoning district in which the property is located as shown on the official zoning maps, except as otherwise modified below: (A) /Maximum height of structures. 1. Height limitations: a. Principal structures: 35 feet b. Accessory structures: actual height of principal structure. (13) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 70 percent of the total lot area. (Ord. No, 121 900 -11, §1, 12- 19 --00) Sec. 30- 58 -5.- Special Regulations in the Clearbrook Village Overlay District. The following special regulations shall apply within the Clearbrook village overlay district (A) Landscaping. Required landscaping within the Clearbrook village overlay district shall comply with the standards contained in section 30 -92 -4. 1 of this ordinance. (B) Signage. Signage within the Clearbrook village overlay district shall comply with C -1 sign district regulations, except as modified by section 30-93-14(F) of this ordinance. (G) Lighting. Lighting within the Clearbrook village overlay district shall comply with the provisions of section 30 -94 of this ordinance. (D) Utilities. All new utility lines and services within the Clearbrook village overlay district shall be located underground. (E) Residential use types. Residential use types within the Clearbrook village overlay district upon the date of the adoption of this ordinance shall not be deemed to be nonconformities, and may be reconstructed, altered and/or enlarged consistent with the requirements contained in section 30 -58 -5 of this ordinance. In addition, single family detached dwellings may be developed in the district on lots of record in existence on the effective date of this ordinance. Any dwelling constructed shall not be deemed to be a nonconformity. No new subdivisions for residential purposes shall be allowed within the Clearbrook village overlay district, except that family exemption subdivisions shall be permitted pursuant to section 30-100-11 of this ordinance. (F) http:H library. municode .comlprint.aspx ?ciientID - 12222 &HTMRequest =http °Iona %2f° /o2fl ... 6/14/2011 Municode Page 3 of 3 Parking. All off - street parking, stacking and loading areas within the Clearbrook village overlay district shall comply with the provisions of 3991 of this ordinance. (0j'd. No, 121900 - 1 1 ; § 1, 12-19 Ord. No 0,526 ,e9_22 5-2 • 09'j http: // library. municode .com /print.aspx ?clientID =1 2222 &HTMRequest =http %3a %2f%2fli... 6/14/2011 Municode Page 1 of 2 Sec. 30- 92- 4.1.- Landscaping provisions in the Clearbrook village overlay district. (A) Applicability. 1 The following landscaping provisions shall apply to all property within the Clearbrook village overlay district. 2. These standards shall be deemed to supplement, and be in addition to, standards found in section 30- 92 of this ordinance. (B) General standardslspecifications. 1. All landscape plans required for uses within the Clearbrook village overlay district shall be prepared by a registered landscape architect, or certified nurseryman. 2. All landscaping shall be alive and in good condition at the time of planting. All landscaping shall be maintained, and replaced, as necessary to insure continued compliance with these provisions. 3. Where specified, all deciduous trees shall have a minimum caliper of two and one -half (2.5) inches at the time of planting. Evergreen trees shall have a minimum height of eight (8) feet at time of planting. 4. Where specified, all shrubs shall have a minimum height of twenty -four (24) inches at time of planting. 5. Native species shall be used for a minimum of fifty (50) percent of required plantings. A listing of acceptable native species is available in the department of community development. 4G1 Site landscaping. I , Landscaped areas shall be provided for the side and rear walls of all buildings. The width of these landscaped areas shall be sufficient to accommodate the required plantings. The following plantings shall be required: a. For buildings walls in excess of fifteen (15) feet in height, one (1) tree shall be planted for every twenty (20) lineal feet of building wail. b. For building walls 15 feet or less in height, one tree shall be planted for every 30 lineal feet of building wall. Flexibility in the location of landscaped areas and the placement of the required trees shall be allowed for the purpose of implementing professionally designed landscape plans and for loading, service, or other similar areas. 2. Landscaping shall be provided along the main entrance facade of all buildings, providing a vegetative area between the building and parking areas. The size of the required front landscaped area shall not be less than twenty (20) percent of the square footage of the front facade of the building. The landscaped area shall be professionally designed and planted with a mixture of trees, shrubs and groundcovers. Undeveloped areas between a building and a public or private right-of-way shall be landscaped with berms, trees, shrubs and groundcover. Landscaping plans for these areas shall incorporate a minimum of one large tree, three small trees and seven shrubs for every thirty (30) feet of lot frontage. 3. All above ground stormwater management areas and facilities shall be landscaped with plant materials that are adaptable to being temporarily inundated with water. The facility shall be landscaped in order to create a seventy -five (75) percent screening of the facility. A minimum of one -third of all provided plantings shall be evergreen. 4. Landscaping shall be provided around the base of any freestanding sign proposed. The size of the landscaped area shall not be less than one and one -half (1.5) times the square footage of the sign. (D) Landscaping of parking areas. 1 Where a new, expanded, or reconfigured parking area is proposed adjacent to a public or private street right-of-way, a planting strip shall be established between the parking area and the adjacent right-of- way. The planting strip shall have a minimum width of fifteen (15) feet. An earthen berm, with an average height of two (2) feet shall be constructed within the planting strip. Within this strip, one (1) large tree, (small if overhead utility lines are present) and nineteen (19) shrubs shall be planted for every thirty (30) feet of frontage. In addition, small trees or groundcovers shall be interspersed within the planting area. One -third (113) of all plantings shall be evergreen materials. No uses shall be permitted within the planting strip except underground utility crossings, pedestrian /bike trails, stormwater management facilities which are an integral part of a landscaping plan, and signs as allowed in the district. 2. All parking areas shall incorporate raised interior landscaped areas for the purpose of visually enhancing parking areas. These areas shall be evenly distributed within the parking area and shall be provided in accordance with the following standards: a. One continuous landscaped median, with a minimum width of ten (10) feet, shall be installed between every four or less rows of parking, or, b. One landscaped peninsula or island with a minimum width of ten (10) feet shall be located between every ten (10) to fifteen (15) parking spaces. http: lllibrai - Y.municode.comlprint.aspx` cclient1D= 12222 &KTMRequest =http %3a ° /a2f%2fli... 6/14/2011 Municode Page 2 of 2 One large tree shall be planted for every thirty (30) feet of continuous median, and shall be planted within every landscaped peninsula or island provided. However, at a minimum, one large tree shall be planted within the parking area for each ten (10) parking spaces provided. In addition, all parking lot landscaped areas shall include deciduous or evergreen shrubs. (01 No. 121,9 0 0 -11. § "'. 7 2 -- - 19.0(. "') http: / /library.mun code.com /print.aspx ?clientlD 1 2222 &IITMRequest= http ° /`3a %2f°Io2f i... 6/14/2411 ARTICLE V. - DEVELOPMENT STANDARDS Page 1 of 1 (F) Clearbrook village overlay district. Signage within the Clearbrook village overlay district should be planned, designed and installed to complement a buildings architectural style. All signage within the Clearbrook village overlay district shall comply with C -1 office district regulations with the following exceptions: 1. Lots within the Clearbrook village overlay district shall be allowed a maximum signage allocation not to exceed one (1) square foot of sign area per one (1) lineal foot of lot frontage. 2. Signage placed on a building wall shall occupy less than five (5) percent of the facade of that wall. 3. All freestanding signs shall be of a monument design and shall meet the following criteria: a. Monument signs, including their structure, shall not exceed seven (7) feet in height, or ten (10) feet in width. b. Signs shall be channel lit, ground lit, or top lit with a shielded light source so as not cast light onto the path of traffic or on any adjacent road or property. 4. No establishment shall be allowed more than three (3) signs. 5. A maximum of two (2) directional signs shall be allowed per lot, and no directional sign shall exceed two (2) square feet in size. 6. The following signs shall be prohibited in the Clearbrook village overlay district: a. Off- premises signs. b. Temporary signs. C. Portable signs. d. Roof signs. http:Illlbrary.mun'lcode. com /HTML /12222 /level3 /PTICOCO APXAZOOR ARTVDEST.... 6114120 ARTICLE V. - DEVELDPMENT STANDARDS Page lof/ - EXTERIOR LIGHTING. (A) The following exterior lighting standards shall apply to all uses and deve requiring osite development plan pursuant to Section 30-90 of this ordinance. t All exterior lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. The intensity at adjoining streets or residential properties shall not exceed O.5 foot candles. 2. Within the Clearbrook village overlay district, no freestanding light pole, including fixture, shall ba more than eighteen (18) feet above grade. All exterior lights, including security lighting, within the district shall be down-lit or shielded so as not to direct glare onto adjoining streets or residential proper The intensity suadjoining streets or residential properties shall not exceed 0.5 foot candles. (B) All exterior lighting fixtures within residential zoning districts shall be des located and arranged so as not to direct glare on adjoining streets or residential properties. The lighting intensity at adjoining residential properties shall not exceed O.5 foot candles. |ttp:'municode.miii/HTML/l2222/level3BPTICOC8���DK��DE�—.�l�011 _ _ ARTICLE V.- DEVELOPMENT STANDARDS Page lofl -4.2; Parking Area Surface Standards. (A) All off-street parking and stacking areas, except for those required for single family and two family dwellings, shall be graded for drainage and surfaced with concrete, asphalt, bituminous pavement, brick or stone pavers, or a permeable or pervious surface in accordance with the Roanoke County Design Handbook. Where permeable or pervious pavers are used, when required by the Virginia Uniform Statewide Building CodeADA-oomp|iont pavers eheU be utilized. 1. Within the Clearbrook village overlay district, any parking areas or parking spaces provided in excess of the minimum requirements of this ordinance, shall be constructed with a permeable or pervious pavement material in accordance with the Roanoke County Stormwater Management Design Manual. Gravel shall not be accepted esan approved permeable or pervious surface. (o,d. No. omr6oe'22, §x'5'26'n9) Use and Design Standards Sec. 30 -83 -5. Educational Facilities. (A) General standards: 1. Any parking lot, outdoor activity area, ball field or court, or stadium which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with Section 30 -92 along the property line adjoining the residential use type. Where night -time lighting of such areas is proposed large evergreen trees shall be required. 2. Any area constructed in conjunction with an educational facility intended for the overnight storage of school buses which adjoins a residential use type shall provide Type C buffer yard as specified in Section 30 -92 of this ordinance. (B) In the AR district, the maximum building coverage shall be twenty (20) percent and the maximum lot coverage fifty (50) percent of the total lot area. Sec. 30 -84 -1. General Office. (A) In the AV and NC districts, when a general office use adjoins a residential use type, a Type C buffer yard in accordance with Section 30 -92 shall be provided along the property line which adjoins the residential use type. Sec. 30- 85 -13. Convenience Store. (A) General standards: 1. Limited sale of foods prepared on the premises may be allowed provided no more than twenty (20) percent of the floor areas is devoted to seating facilities. Seating areas in excess of this shall constitute a fast food restaurant. 2. Exterior display of merchandise for sale is allowed under the following conditions: a. On a paved walkway within three (3) feet of the building. b. Ice machines and soft drink vending machines, in operating condition, shall be stored under roofed areas. 3. The display of vehicles "for sale" is prohibited. (B) Additional standards in the NC district: 1 1. No convenience store shall exceed two thousand (2,000) square feet of gross floor area. 2. When adjoining a residential use type, a Type C buffer yard in accordance with Section 30 -92 shall be provided along the property line which adjoins the residential use type. (C) Additional standards in the AV district: 1. No convenience store shall exceed three thousand (3,000) square feet of gross floor area. 2. When adjoining a residential use type, a Type C buffer yard in accordance with Section 30 -92 shall be provided along the property line which adjoins the residential use type. (D) Additional standards in the EP district: 1. No convenience store shall exceed three thousand (3,000) square feet of gross floor area. 2. Where adjoining a residential or civic use type, a minimum one hundred -foot setback shall be required. 3. No independent advertising through local media shall call attention to the Explore Park location of the business. (Ord. No. 122005 -11, § 1, 12- 20 -05) 6 Sign Regulations Sec. 30- 93 -13. District Regulations. (C) AV Village Center and NC Neighborhood Commercial District Regulations. 1. Lots within AV and NC districts shall be allowed a maximum signage allocation not to exceed one (1) square foot of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in AV and NC districts subject to the regulations contained herein: Business Signs. Each permitted business in AV and NC districts shall be allowed a maximum of four hundred (400) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty -five (25) square feet of signage. Identification Signs. Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with section 30 -93 -8. 3. No on- premises freestanding sign shall be allowed on any lot having less than the minimum required lot frontage for the zoning district of the property. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 4. Minimum sign setback from front property line: fifteen (15) feet. 5. Maximum sign height: fifteen (15) feet. 6. No establishment shall be allowed more than four (4) signs. SECTION 30- 91 -3 -5 Shared Parkinq Shared parking is encouraged for different structures or uses, or for mixed uses, in any zoning district. At the applicant's request, shared parking may be provided, subject to the following conditions: 1. A reciprocal deeded agreement has been executed by all the parties concerned that assures the perpetual joint use of such common parking, a copy of which has been submitted as part of the Site Plan Review Process. 2. A parking study has been submitted that supports a reduction in parking spaces provided. The study shall include but is not limited to: a. The type and hours of operation and parking demand, for each use, b. A site plan displaying shared use spaces in the lot and walking distance to the uses sharing the lot, c. A description of the character of land use and parking patterns of adjacent land uses, and d. An estimate of anticipated turnover in parking space use over the course of 12 to 24 hours at the site. 3. Parking spaces to be shared must not be reserved for individuals or groups on a 24 -hour basis. 4. Uses sharing the parking facility do not need to be contained on the same lot, but shall be a maximum of five hundred (500) feet from the closest parking space in the parking lot which is to be used and allow for safe, convenient walking for most parkers, including safe pedestrian crossings, signage, and adequate lighting. 5. If the conditions for shared parking become null and void and the shared parking arrangement is discontinued, this will constitute a violation of zoning regulations for any use approved expressly with shared parking. The applicant must then provide written notification of the change to the Zoning Administrator and, within sixty (60) days of that notice, provide a remedy satisfactory to the Zoning Administrator to provide adequate parking. (B) Where shared parking is provided among a mix of land uses, the Zoning Administrator may allow the following, at the applicant's request: 1. Up to thirty (30) percent of the parking spaces required for the predominant use on a site may be shared with other uses operating during the same time of day and days of the week. The predominant use is considered to be that which requires the most parking of those sharing the parking facilities. The predominant use, identified for parking calculations, may not necessarily be the primary use as defined in this ordinance. 2. Up to fifty (50) percent of the parking spaces required for uses such as theaters, public auditoriums, bowling alleys, nightclubs, movie theaters, and similar predominantly evening uses may be shared with uses such as banks, offices, and similar predominantly daytime uses. 3. Up to sixty (60) percent of the parking spaces required for uses such as churches and other uses predominately in operation during the weekend may be shared with uses such as medical offices, banks, and other similar uses predominantly in operation on weekdays. 2. DESIGN GUIDELINES Introduction Establishing design guidelines to promote quality development and enhance the unique character of communities within the County is an important component of Roanoke County's Community Plan. These guidelines are intended to facilitate development creativity and provide incentives for development design principles that will result in the enhancement of the visual appearance of the built environment in the County. They relate to such items as: site development, relationship of proposed land uses to adjoining land uses and buildings to adjoining buildings, relationship of buildings to their site, site layout, parking lots, landscaping, building design, lighting, and signs. The results of the Neighborhood Council process re- enforce the idea of guiding development design with the following themes voiced by all the communities within the County: • New development should incorporate a high standard of design including the following design elements: appropriate architecture, landscaping, and signage. • Encourage neighborhood involvement in the design process associated with any development proposal through citizen meetings with developers. • New developments should be designed and planned as cohesive communities. • Incompatible land uses should be buffered from adjoining land uses. • New developments should be required to design around existing, healthy stands of trees and /or individual specimen trees where possible, to preserve trees that are outside of the building envelope and to replace trees when existing trees must be removed. Goal All new and redeveloped sites are designed to be in harmony with their surroundings, improve the general appearance of the site and strengthen community identity. Issues and Opportunities Design guidelines may provide a level of comfort with a proposed development that otherwise would not exist. Design guidelines may help assure that development reflects the unique characteristics of the community. The citizens of Roanoke County appear to be very supportive of design guidelines. Objectives A. Develop and incorporate design guidelines for all future development in the County, excluding individual home sites and farm buildings. B. Involve citizens, businesses and community leaders in the creation of community specific design guidelines. Implementation Strategies 1. Continue to support and expand as necessary the Hollins Village /Williamson Road redevelopment initiative using public funds as a catalyst to stimulate private investment. 2. Identify and ensure that the gateways into the County are attractive and enhance the community's identity. 3. Encourage through community meetings, public participation in the development of design guidelines for land in Roanoke County. 4. Provide education and outreach to the public emphasizing the importance of developing design guidelines for the County. 5. Be firm about goals, but flexible about how to attain them. Design Guidelines Rural Preserve and Rural Village In those areas of Roanoke County designated as rural and /or agricultural where local officials and residents are looking for preservation options, certain design strategies can be followed. Through the use of these design strategies land will remain available for productive agricultural activities and open space, developers are not placed under any unreasonable constraints, and realtors gain a special marketing tool, in that rural views from the new homes will be guaranteed by the conservation easements. Objectives A. While allowing future development, employ design strategies that leave land available for productive agricultural activities and open space. B. Preserve rural views and vistas. Guidelines 1. Encourage cluster developments that set aside 50 to 70 percent of the parcel as open space, and preserve or incorporate existing site features into the overall design. 2. Require that rural subdivisions be buffered and set back from roadway view. 3. Decrease the number of new driveways fronting on public roads. 4. Decrease the obstruction of views by new developments by strategically locating buildings on the site. Locate buildings either in a wooded fringe at the edge of field or set back and buffer them from fields and public roads through the use of landscaping. 5. Buildings located on prominent mountain sides should use exterior colors and textures to aid in them blending into the landscape. 6. Discourage the siting of buildings on ridge lines. Village Center There are numerous Village Centers throughout the rural and suburban areas of Roanoke County. These centers are established crossroad communities which have traditionally served as focal points for the surrounding area. They play a functional role in providing homes, limited neighborhood- oriented commercial services and businesses, and civic buildings such as churches, post offices, fire stations and schools. Many of the Village Centers in Roanoke County contain historic structures and /or sites, which should be preserved through local historic district zoning. These Village Centers each have a unique character and sense of place with which local residents easily identify. Objectives A. Collaborate with community members to develop design guidelines for Village Centers to protect and enhance the existing village character and historic qualities. B. Establish provisions which allow for limited mixed -use development in existing Village Centers, and permit the future development of additional Village Centers in appropriate locations throughout the County. Guidelines 1. Design and build new construction to blend in with the existing buildings in the village. New construction should be compatible with the existing village in respect to height, size, character, massing, roof shapes, material, and door /window proportions. 2. Locate and cluster institutional services at Village Centers to enhance community identity. 3. When existing buildings create a characteristically close relationship with the street, retain this pattern in order to preserve the community's character. 4. Reduce the visual impacts of parking areas upon community character through placement, landscaping and buffering requirements. 5. Screen open storage areas, exposed machinery, and outdoor areas used for storage from roads and surrounding land uses. 6. Preserve roadside trees due to their important role in defining the character of a community and encourage the planting of new roadside trees. 7. Design exterior lighting and signs as integral architectural elements of the building and site. 8. Control lighting in both height and intensity to maintain village character. Shield luminaries to prevent excessive lighting and glare beyond lot lines. 9. Encourage compatibility or shared use of signs for adjacent businesses. Maintain good scale and proportion in sign design and in visual relationships to buildings, surroundings and views. 10. Encourage the re -use of historic structures. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 13, 2011 ORDINANCE REZONING 13.7 ACRES FROM AR, AGRICULTURAL/ RESIDENTIAL DISTRICT, TO AV, AGRICULTURAL/VILLAGE CENTER DISTRICT, FOR PRIMARY /SECONDARY EDUCATIONAL FACILITIES AND GENERAL OFFICE USE AND TO OBTAIN A SPECIAL USE PERMIT FOR A CONVENIENCE STORE LOCATED AT 9651 BENT MOUNTAIN ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT (TAX MAP NO. 103.00 -02- 21.00) UPON THE APPLICATION OF GLENN REED WHEREAS, the first reading of this ordinance was held on September 27, 2011, and the second reading and public hearing were held December 13, 2011; and, WHEREAS, the Roanoke County Planning Commission held public hearings on this matter on October 4, 2011 and December 5, 2011; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Glenn Reed for a convenience store located at 9651 Bent Mountain Road in the Windsor Hills Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2 -2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved. 2. That the zoning classification of a certain tract of real estate containing approximately 13.7 acres, as described herein, and located at 9651 Bent Mountain Road (Tax Map Number 103.00 -02- 21.00) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of AR, Agricultural /Residential District, to the zoning Page 1 of 2 classification of AV, Agricultural /Village Center District. 3. That this action is taken upon the application of Glenn Reed. 4. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The site shall be developed in substantial conformance with the site plan prepared by Pierson Engineering and Surveying, dated November 28 2011, and the architectural renderings prepared by Interactive Design Group dated July 18, 2011. 5. That said real estate is more fully described as follows: Being 13.7 acres of real estate located at 9651 Bent Mountain Road and further described as Tax Map No. 103.00-02-21.00. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page of ACTION NO. ITEM NO. R -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE'rING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: December 13, 2011 Ordinance declaring 5915 Garner Road in Roanoke, Virginia (Tax Map No. 85.29 -02- 95.99) as blighted; authorizing spot blight abatement; and appropriation of funds, cave Spring Magisterial District Paul M. Mahoney County Attorney B. Clayton Goodman II_ I _ �' County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: The Board has previously adopted a Spot Blight Abatement Policy designed to deal with individual properties that have become a detriment to the surrounding neighborhood. In the case of 5915 Garner Road, staff has determined that the property meets the conditions for blight and has initiated the abatement procedure. The property has been the subject of numerous complaints and, due to the lack of maintenance is quickly deteriorating - fhe carport addition to the home has been declared unsafe and the owner notified of the requirement to demolish the carport and remove the debris. The roof on the main portion of the home has become so deteriorated that it no longer provides adequate protection from the elements. The appearance of the carport and roof are such that they are considered detrimental to the surrounding properties and neighborhood. The Notice of Preliminary Determination of Blight was issued on June 24, 2011. The owner replied to the notice on July 22, 2011. A ninety (90) day period was established to allow the owner opportunity to correct the blighting issue. The attempts have been unsuccessful and the matter is now being brought before the Board for resolution. The definition of blighted property is set out in Section 35 -3 of the State Code: Page 1 of 2 "Blighted property" means any individual commercial, industrial, or residential structure or improvement that endangers the public's health, safety, or welfare because the structure or improvement upon the property is dilapidated, deteriorated, or violates minimum health and safety standards, or any structure or improvement previously designated as blighted pursuant to § 36- 49.1:1, under the process for determination of "spot blight." FISCAL IMPACT: Request that $10,000 be appropriated from the Board of Supervisor's contingency fund to remove the dilapidated carport structure and install a new roof on the main structure. Allowance has been made for potential repairs to the roof structure. ALTERNA'rIVES: 1) Adopt the blight ordinance at first reading and direct the County to perform the repair work. 2) Decline to adopt the Blight ordinance. STAFF RECOMMENDATION: Initiating a spot blight abatement program has significant fiscal and workload impacts on the County. Enforcement of the lien and recovery of the repair costs may be delayed for many years, requiring a substantial up -front allocation of resources. Also this program could have unforeseen consequences and applicability - throughout the County. The Board may want to carefully consider these ramifications before embarking on a spot blight abatement program. Page 2 of 2 AT A REGULAR MEETING OF THE BORAD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER, 2011 ORDINANCE DECLARING 5915 GARNER ROAD IN ROANOKE, VIRGINIA (TAX MAP 85,20 -02- 05.00) AS BLIGH`rED; AUTHORIZING SPOT BLIGHT ABA'rEMENT; AND APPROPRIATION OF FUNDS WHEREAS, Section 30- 49.1 :1 of the State Code authorizes any locality to acquire or repair any blighted property by purchase or through the exercise of the power of eminent domain; and WHEREAS, the locality shall have the power to recover the costs of any repair or disposal of such property from the owner; and WHEREAS, the Chief Building Official of Roanoke County has determined - that 5915 Garner Road in Roanoke, Virginia, is blighted and has provided the owner of this property with notice as required by law; and WHEREAS, the Chief Building Official has determined that this residential structure endangers the public's health, safety or welfare because this structure is dilapidated, deteriorated, or violates minimum health and safety standards; and WHEREAS, the Chief Building Official recommends that the Board consider the acquisition or repair of this blighted property under the "spot blight" process; and WHEREAS, the first reading of this ordinance was held on November 15, 2011; and the second reading and public hearing was held on December 13, 2011. NOW, THEREFORE, BE IT ORDAINED as follows: 1. That the Board of Supervisors of Roanoke County declares 5915 Garner Road (Tax Map No. 86.20 -02- 05.00) as blighted as authorized by Section 36- 49.1:1 of the State Code. Page 1 of 2 2. That the spot blight abatement plan for the repair of - this property is hereby approved. 3. That the sum of Ten Thousand Dollars ($10,000) be appropriated from the Board of Supervisor's contingency fund to remove the dilapidated carport structure and to install a new roof on the main structure. 4. That the County Administrator or his designee is authorized to take such actions and execute such documents as may be necessary to implement the spot blight abatement plan to repair this property and to recover the costs of any repair or disposal of this property from the owner or owners of record, including placing a lien on this property bearing interest at the legal rate of interest and recording this lien among the land records of the Circuit Court of Roanoke County. 5. That this ordinance is effective from and after the date of its adoption. Page 2 of 2 a Unofficial f Record Card - Roanoke Count Vir General Propert Data Parcel ID 086-20-02-05.00-0000 Account Number 37364 Prior Parcel ID -- Propert Owner MAYES WALTER HOWARD Mailin Address 5915 GARNER RD Cit ROANOKE Mailin State VA Zip 4018 Jurisdiction-ZoningCode- Count -Low Densit Residential Description Current Propert Assessment Xtra Features Card 1 Value Buildin Value 97,100 Value 0 Land Value 38,400 Total Value 135,500 Buildin St SINGLE FAM # of Livin Units 0 Year BUilt 1960 RANCH WITH St HE,ir BASEMENT Insulation N/A Finished Area ( SF ) 1680 Number Rooms 0 # of 314 Baths 0 Buildin Foundation T CONT FOOTING Frame T Roof Structure GABLE Roof Cover ASPICOMP SHIM Primar Ext. Sidin FACE BRICK Interior' lls DRYWALL # of Bedrooms 3 # of 112 Baths 0 Floorin T CARPET Basement Floor NIA Heatin T AIR-DUCTED Heatin Fuel OILIWOODICOA Air Conditionin 0% # of Bsmt Gara 0 # of Full Baths 2 # of Other Fixtures 0 Le Description STARKEY Narrative Description of Propert This propert contains 0.87 - AC of land mainl classified as SFR with a(n) SINGLE FAIM st buildin built about 1960, havin FACE BRICK exterior and AS,PICOMP SHN roof cover, with 0 unit(s), 0 room 3 bedroorn(s), 2 bath 0 half bath Pro Dertv imacies -'_� V Propert Location 5915 GARNER RD Propert Use SFR Most Recent Salo Date 2/14/2,007 Le Reference CH0211412007 Grantor MAYES WALTER HOWARD Sale Price 0 Land Area 0.87 - AC Disclaimer: This information is believed to be correct but is subject to chan and is not. warranteed. OMV ount, of DEPARTMENT OF COMMUNITY DEVELOPMENT DIRECTOR. ARNOLD COVEY DEPUTY DIRECTOR OF DEVELOPMENT SERVICES, TAREK MONEIR DEPUTY DIRECTOR OF PLANNING, PHILIP THOMPSON COUNTY ENGINEER. GEORGE W. SIMPSON. III, P.E. BUILDING COMMISSIONER, jOEL S. BAKER, CBO NOTICE OF UNSAFE STRUCTURE Date: March 4. 2011 Owner: Walter Howard Ma Owner"s Address.- 5915 Gamer Road., Roanoke, VA 24018 Structure Address: 5915 Gamer Road Tax ID'IT-. 086.20-02-05.00-0000 BUILDING PERMITS DEVELOPL4ENT REVIEW ENGINEERING INSPECT*NS MAPPING. -'GIS PLANNING STORMWATER MANAGEMENT TRANSPORTATION ZONING The above referenced propert was recentl inspected b the Roanoke Count Inspection Office and the followin conditions found: Z) Roof and supportin structure of carport has partiallsr collapsed and is no lon V structurafiv sound. Remainin structure, shows indication of additional and eminent collapse. Based on these conditions, the structure is determined unsafe as defined b Section 7-63 of the Roanoke COUnt Code. You are re under Section 7-64 of the Roanoke Count Code to take the followin action within thirt (3 0) da of y our receipt of this notice: Repair or remove carport roof and supportin structure Failure to compl with this notice is a Class 2 misderneanor and ma result in either le prosecution or the count performin the work and placin a lien on the propert to recover the 0 lt� costs or both. You must notif this office at once of y our intentions, rc this matter. You ma appeal a decision of the Buildin or Commissioner b filin a written re to the Board of - Buildin Code Appeals with 21 da of this notice. An q uestions y ou ma have should be directed to the Buildin Commissioner. This work will Je� 13 will not re a pen it before startin work. Thank y ou in advance for y our attention to this matter. Joel . Baker, CBO Buildin Commissioner P.O. BOX 29800 • ROANOKE, VIRGINIA 2401 Bo PHONE (54(x) 772-2080 * FAX (540) 772-2108 (j) Rec Paper 49 (51aunt of F F DEPARTMENT OF COMMUNITY DEVELOP11EVT DIRECTOR. ARNOLD COVEY DEPUTY DIRE 70R OF DEVELOPMENT SERVICES, TAIPEI MONEIR DEPUTY DIRECTOR OF PLANNING, PHILIP THOMPSON COUNTY ENGINEER, GEORGE W. SIMPSON, III, P.E. BUILDING COMMISSIONER, JOEL S. BAKER, CIBO Notice of Determination of Bli and Re for Plan of Correction Propert 5915 Garner Road Tax ID: 086.20-02-05.00-0000 Owner: Walter Howard Ma Owner Address: 5915 Garner Road, Roanoke, VA 24018 Date of Notice: 06124/2011 BUILDING PERMITS DEVELOPMENT REVIEW ENGINEERING INSPECTIONS 11,iAPPINGIGIS PLANNING STORM HATER IM ANA GEMENT TRANSPORTATION ZONING The above referenced propert has been determined to be bli as defined b the Roanoke Count Spot Bli Abatement Polic The followin conditions are specificall identified as constitutin a bli condition: • Buildin is the subject of documented complaints • Buildin is dilapidated and lacks normal maintenance • Collapse and structural failure of exterior structural elements (carport) Removal or rottin of exterior roofin or sheathin exposin structural members to weather Per the polic the owner is re to submit a written plan of correction within thirt ( 30 ) da of receipt of this notice. The plan must detail what measures will be taken to correct the bli conditions identified above. The plan must also Indicate a definite date of completion which cannot exceed a period of ninet ( 90) da Failure to submit the re plan or complete the plan within the re 90 da will result in the count institutin le proceedin which ma include but are not limited to the followin • Performin the necessar work and placin a lien on the propert Havin the propert declared a public nuisance Condemnin the propert and institutin eminent domain proceedin to take possession of the propert in order to correct the bli condition Your immediate attention to this matter is re Please submit y our correction pl to this office as soon as possible. An q uestions y ou ma have regardin this matter should be directed �o the Buildin Commissioner. Joel Baker, CBO Buildin Commissioner Cc: Count Attorne Count Adm in istra to r Director, Communit Development P.O. BOX 29800 a ROANOKE, V1 RG I NIA 240113 a PHONE (540) 772-2080 a FAX (540) T72 -21 (D Rec Papas Mr. Joel S Baker, CBO Buildin Cornmision Roanoke Count P.O. Box 29800 Roanoke,, Va. 24018 Dear,Mr. Baker: Per our conversation on Monda I am outlinin a plan for renovatin the propert at 5915 Garner Road. 1. Presentl the propert is up for sale. 2. 1 have an or which is comin to look at the propert g pr possibl replacin the roof. 3. 1 have no intention of keepin the car port, when the work is completed. As we talked, I expressed to y ou m a for the work bein done an a lien bein placed on the propert Thank y ou for y our time and interest. Re spectf ull Wait Ma 2 2' 1' 0 ACTION NO. ITEM NO. R -3 tQY 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: December 13, 2011 Ordinance establishing a special assessment for the South Peak Community Development Authority regarding the financing of certain public infrastructure improvements Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Board of Supervisors authorized - the creation of the South Peak Community Development Authority by ordinance adopted on August 24, 2010. The CDA was authorized to issue bonds in an amount not to exceed $16 million in order to construct public infrastructure improvements of approximately $11 million. The debt service on these bonds shall be paid first from incremental tax revenues generated by new development in the CDA, available revenues in the surplus fund, and finally from revenues derived from special assessments. Before the Board would approve the issuance of the CDA bonds, it must have in place the special assessment ordinance. SUMMARY OF INFORMA'T'ION: This is the second reading and public hearing of an ordinance to impose special assessments on the real estate located in the South Peak Community Development Authority (CDA). Slate Hill I, LLC is the developer of this project. The developer requested the County Administrator to place on the Board's agenda a resolution consenting to the issuance of bonds in a reduced amount of $7 million. The developer may return at a later time to request the balance of the authorized bond amount. Although the special assessment ordinance is separate and distinct from the consent by the Board to issue the CDA bonds, staff believes that 'these actions are inextricably Page 1 of 2 intertwined. Therefore, staff has asked the developer to provide the Board with its financing plan, its plan for the construction of the public improvements (since the developer has scaled back to $7 million the infrastructure to be financed by the bonds) and the identification of proposed investors (since these bonds will not be sold in the public market). A representative of the developer provided the Board with a report on the status of this project at the first reading. The following items have been approved by the Roanoke County Department of Community Development — the South Peak (old Slate Hill Plan — road), South Peak Condominiums (including the gate house and gazebo addition), South Peak Zones 1 & 2 Grading and Retaining Wall Plan, and South Peak Area 5 Trail Plan (in the process of being closed out). However, to date, no final Master Plan for the overall development of this project has been approved by Department of Community Development. Finally, a representative from MuniCap explained to the Board the Rate and Method of Apportionment of the special assessments. Copies of these reports are attached. The Community Development Authority met on December 2, 2011, and adopted a resolution (copy attached) approving the form of this ordinance and recommended that the Board favorably consider the adoption of the special assessment ordinance. It deferred action on a recommendation with respect to consent to issuance of the bonds. The CDA has scheduled a meeting for January 18, 2012, for further action. Attached (Attachment A) to this report are excerpts from the policy g i .,i idelines, memorandum of understanding and the development, acquisition and financing agreement which highlight the requirements for Board action. STAFF RECOMMENDATION: Staff recommends that the Board conduct a public hearing to receive any citizen comments on this proposed ordinance. Page 2 of 2 CDA Resolution RESOLUTION APPROVING THE FORM OF AN ORDINANCE OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, SETTING FORTH THE PROCESS TO ESTABLISH, APPORTION AND IMPOSE SPECIAL ASSESSMENTS WITHIN THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY DISTRICT TO BE USED TO PAY THE COSTS OF CERTAIN INFRASTRUCTURE IMPROVEMENTS TO BE PROVIDED IN SUCH DISTRICT; REQUESTING THE BOARD OF SUPERVISORS TO ADOPT SUCH ORDINANCE AND APPROVING THE FORM OF THE RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL ASSESSMENTS AND GRANTING THE AUTHORITY TO THE CHAIRMAN AND VICE CHAIRMAN OF THE AUTHORITY TO ASSIST THE COUNTY IN ESTABLISHING, APPORTIONING AND IMPOSING SUCH SPECIAL ASSESSMENTS WHEREAS, pursuant to the ordinance adopted by the Board of Supervisors (the "Board of Supervisors ") of Roanoke County, Virginia (the "County "), on August 24, 2010, the South Peak Community Development Authority (the "Authority ") was created to provide certain infrastructure improvements (the "Public Improvements ") for the peculiar benefit of the property owners within and abutting the geographic boundaries of the Authority's district (the "CDA District "); and WHEREAS, the Authority expects that it will issue one or more series of bonds (the "Bonds ") to finance all or a portion of the costs of the Public Improvements; and WHEREAS, the County intends to establish, apportion and impose a special assessment on each parcel of land within the CDA District in amounts that will be sufficient to pay the principal of and interest on the Bonds and related expenses (the "Special Assessments "); and WHEREAS, there has been presented to the Authority the form of the ordinance to be approved by the Board of Supervisors that provides for the process to establish, apportion and impose the Special Assessments (the "Ordinance "); and WHEREAS, the rate and method of apportioning the special assessment is to be established and determined pursuant to the "Rate and Method of Apportionment of Special Assessments "; and WHEREAS, there has been presented to the Authority the draft of the Rate and Method of Apportionment of Special Assessments; and WHEREAS, the Authority has found and determined that the Ordinance and the Rate and Method of Apportionment of Special Assessments are in conformity with the purposes of Authority and are in the public interest and otherwise beneficial to the CDA District and the County. NOW, THEREFORE, BE IT RESOLVED by the South Peak Community Development Authority, as follows: SECTION 1. The form of the Ordinance presented to this meeting is hereby approved in such form and containing substantially the terms and provisions therein set forth, and the Board of Supervisors is hereby requested to adopt the Ordinance. SECTION 2. The form of the Rate and Method of Apportionment of Special Assessments presented to this meeting is hereby approved in such form and containing substantially the terms and provisions therein set forth. Any additions, deletions and modifications to the Rate and Method of Apportionment of Special Assessments may be approved by the Chairman and Vice Chairman of the Authority, or either of them (the "Authorized Officers "), so long as such additions, deletions and modifications are not inconsistent with to the terms of this Resolution and are in conformity with the purposes of the Authority. SECTION 3. The Authorized Officers and any other appropriate members, officers and agents of the Authority are hereby authorized and directed to do all acts and things on behalf of the Authority required of them to facilitate the adoption and implementation by the County of the Ordinance and the implementation of the Rate and Method of Apportionment of Special Assessments; provided, however, that any Bonds of the Authority shall be approved by separate action of the Authority and the Board of Supervisors and nothing herein shall be construed as providing such approval. SECTION 4. All actions taken by the Authority and the members, officers and agents of the Authority in connection with the adoption by the County of the Ordinance and the implementation of the Rate and Method of Apportionment of Special Assessments are hereby ratified and confirmed. SECTION 5. This resolution shall take effect immediately upon its adoption. Adopted December 2, 2011. 76042.000002 EMF_US 38086507v1 SOUTH PEAK CommuNiTy DE vEL opmENT A UTHORITY ROANOKE COUNTY, VIRGINIA Rate And Method of Apportionment Of Special Assessments A. INTRODUCTION Special Assessments shall be imposed on and collected from real property within the South Peak Community Development Authority district (the "District "), created by the Board of Supervisors by the Ordinance, through the application of the procedures described below. The Board of Directors of the South Peak Community Development Authority (the "Authority ") or their designee shall make all determinations in this Rate and Method of Apportionment of Special Assessments unless stated otherwise. The Special Assessment for each Parcel represents the total obligation of a Parcel, including the Parcel's share of principal and interest on the Bonds and Administrative Expenses of the Authority related to the Bonds. The Special Assessments may be prepaid at any time as the Principal Portion of the Special Assessment. If not prepaid, the Special Assessments are payable annually as the Annual Installments. Tax Increment Revenues may be available to apply to the repayment of the Bonds. As a result, it may not be necessary to collect the full amount of the Annual Installments to repay the Bonds. The portion of the Annual Installments required to be collected each year to repay the Bonds and to pay Administrative Expenses is the Annual Payment. Terms used herein and not otherwise defined shall have the meanings assigned to such terms in the Memorandum of Understanding. B. DEFINITIONS The terms used herein shall have the following meanings: "Act" means the Virginia Water and Waste Authorities Act, beginning with § 15.2 -5100 et seq. of the Code of Virginia, 1950, as it may be amended from time to time. "Adjusted Annual Installment" means the amount calculated as the Adjusted Annual Installment for each Parcel pursuant to Section D.2. "Administrative Expenses" means the following costs directly related to the administration of the Authority: the actual costs of computing the Annual Payments; the actual costs of collecting the Annual Payments (whether by the County or otherwise); the actual costs of remitting the Annual Payments to the Trustee; the actual costs of the Administrator and Trustee (including legal counsel) in the discharge of their duties; the costs of the Authority of complying with arbitrage rebate requirements; the costs of the Authority of complying with securities disclosure requirements; and any other costs of the Authority or the County in any way related to the administration and operation of the Authority, including, without limitation, the costs of official Page 1 of 12 meetings of the Authority, the costs of legal counsel and other consultants and advisors, and costs related to commencing foreclosure and pursuing collection of delinquent Annual Payments. "Administrator" means the official or designee of the Authority who shall be responsible for determining the Annual Revenue Requirement, calculating the Equivalent Units, preparing the update of the Special Assessment Roll, and such other responsibilities as provided herein, in the Bond Indenture, or by the Board of Directors. "Annual Credit" means the amount calculated as the Annual Credit for each Parcel pursuant to Section D.3. "Annual Installment" means the portion of the Special Assessment to be set forth in the Special Assessment Roll that may be collected each Assessment Year from all Parcels in the District pursuant to Virginia Code section 15.2- 5158(A)(5) and the provisions herein. The Annual Installment for each year as shown on the Special Assessment Roll may be revised by the Board of Directors to better match the expenses of the Authority as long as the total of the Special Assessments is not exceeded. "Annual Parcel Installment" means the allocation of the Annual Installment to each Parcel pursuant to Section C. "Annual Payment" means the portion of the Annual Installment to be collected each Assessment Year as determined by the provisions of Section D.1. "Annual Revenue Requirement" means, for any Assessment Year, the sum of the following: (1) debt service on the Bonds; (2) periodic costs associated with the Bonds, including but not limited to, rebate payments and credit enhancement on the Bonds; (3) Administrative Expenses; and (4) a contingency as determined reasonable by the Board of Directors; less (5) Incremental Tax Revenues to be made available to the Authority by the County as provided for in the Memorandum of Understanding, whether or not appropriated by the County; (6) available revenues from the Surplus Fund determined in accordance with the MOU; (7) any credits to be applied under the related Bond Indenture, such as capitalized interest or interest earnings on any account balances, and (8) any other funds available to the Authority that may be applied to the Annual Revenue Requirement. "Assessed Property" means, for any Assessment Year, Parcels within the Distrrct other than Non - Benefited Property. "Assessment Year" means the annual cycle in which the Annual Payment is determined each year for each Parcel, the Annual Payment is collected, and these revenues are applied to the payments on the Bonds each year. "Base Real Property Taxes" means the ad valorem real property tax revenues levied by the County within the District during calendar year 2010 as identified in the MOU. "Board of Supervisors" means the Board of Supervisors of Roanoke County, Virginia. "Board of Directors" means the Board of Directors of the Authority. Page 2 of 12 "Bond Indenture" means the indenture or similar document setting forth the terms and other provisions relating to the Bonds, as modified, amended and /or supplemented from time to time. "Bonds" means any bonds issued pursuant to the Bond Indenture payable from and secured by revenues derived from the imposition and collection of the Special Assessments, whether in one or more series, including any bonds issued to refund such bonds. "County" means the County of Roanoke, Virginia. "Equivalent Units" means, for Land Use Class 1 and 2, the Gross Floor Area in 1,000s of square feet built or that is expected to be built on a Parcel, for Land Use Class 3, the guest rooms built or that is expected to be built on a Parcel, and for Land Use Class 4, the number of dwelling units built or that is expected to be built on a Parcel, multiplied by the factors for each land use class shown below, which represent an allocation of the costs of the Public Improvements funded by the Bonds: Land Use Class 1 Land Use Class 2 Land Use Class 3 Land Use Class 4 Land Use Class 5 Land Use Class 6 1.00 per 1,000 SF of GFA 3.72 per 1,000 SF of GFA 1.08 1,000 SF of GFA 0.58 per room 0.37 per unit 0.45 per unit Property shall be classified based on the land use class that best fits the definition of each class as determined by the Board of Directors. The computation of Equivalent Units for each Parcel shall be based on the expected development in substantial conformance with the conceptual /final development plan as approved by the Board of Supervisors, which is expected to be measured by actual development, development plans, the legal maximum development allowed, the acreage of a Parcel and reasonable density ratios, or other reasonable methods. "Gross Floor Area" or "GFA" means the sum of the total horizontal area of all of the floors of all buildings on a Parcel, measured from the interior faces of exterior walls. "Incremental Tax Revenues" means the amounts to be paid by the County to the Authority as the Incremental Tax Revenues as provided for in the Memorandum of Understanding. "Land Use Class 1" means Assessed Property used or intended to be used primarily for retail sales to the general public, including any ancillary uses thereto. "Land Use Class 2" means Assessed Property used or intended to be used primarily for restaurant sales to the general public, including any ancillary uses thereto. "Land Use Class 3" means Assessed Property used or intended to be used primarily as office space, including any ancillary uses thereto, and any Assessed Property that is not classified as one of the other land use classes. "Land Use Class 4" means Assessed Property used or intended to be used primarily as a hotel, including any ancillary uses thereto. Page 3 of 12 "Land Use Class 5" means Assessed Property used or intended for use primarily as residential dwelling units that are not classified as Land Use 6, including any ancillary uses thereto. "Land Use Class 6" means Assessed Property used or intended for use primarily as single family homes, including any ancillary uses thereto. "Mandatory Special Assessments Prepayment" shall mean a mandatory prepayment of Special Assessments pursuant to Section J. "Maximum Special Assessment" means the Maximum Special Assessment, if any, as set forth in the Bond Indenture. "Memorandum of Understanding" means the memorandum of understanding or similar document among the County and the Petitioner, as defined therein, as modified, amended and /or supplemented from time to time. "Non- Benefited Property" means Public Property, Owner Association Property, or easements that create an exclusive use for a public utility provider. "Ordinance" means the Ordinance No. 082410 -4 adopted by the Board of Supervisors on August 24, 2010 creating the Authority and the District. "Owner Association Property" means Parcels within the boundaries of the District owned by or irrevocably offered for dedication to a property owners' association (if not used in a trade or business) and available for use by property owners in general. "Parcel" means a lot or parcel of real property within the District with a parcel number assigned by the County for real property tax purposes. "Principal Portion of Special Assessments" means the portion of the Special Assessments equal to the outstanding principal amount of the Bonds. The Principal Portion of Special Assessment shall initially be allocated to Assessed Property proportionate to the Special Assessment as set forth in Section C hereof. The Principal Portion of Special Assessment may be increased for each Parcel of Assessed Property pro rata to the Equivalent Units of each Parcel for refunding bonds or other reasons as long as the total of the Special Assessment is not increased to more than the amount set forth in the Special Assessment Roll. "Public Improvements" means those improvements that the Authority has been authorized to provide pursuant to the Memorandum of Understanding. "Public Property" means, for any Assessment Year, property within the boundaries of the District owned by or irrevocably offered for dedication to the federal government, Commonwealth of Virginia, the County, the Authority, or any other public agency, political subdivision, or entity, whether in fee simple or any other property ownership interest that creates a substantially exclusive use by the public entity in the property. "Special Assessments" means the Special Assessments approved by the Ordinance allocated to each Parcel as shown on the Special Assessment Roll as calculated by the Administrator and Page 4 of 12 confirmed by the Board of Directors pursuant to the provisions of Section C.1., as it may be reapportioned or reduced according to the provisions herein. "Special Assessment Roll" means the document attached hereto as Appendix A, as updated from time to time by the Board of Directors in accordance with the procedures set forth herein. "Surplus Fund" means the account established with the Trustee pursuant to the Bond Indenture as provided for in the MOU. "Trustee" means the trustee as specified in the Bond Indenture. C. SPECIAL ASSESSMENTS 1. The Amount of the Special Assessments The total of the Special Assessments is equal to the amounts set forth in the Special Assessment Roll as it may be updated from time to time as provided for herein. The Special Assessments for each Parcel shall be set by the Board of Directors upon issuance of the Bonds and shall not be changed thereafter except pursuant to the provisions hereof. The Board of Directors shall set the Special Assessments on each Parcel according to the following formula: A =B X (C =D) Where the terms have the following meanings: A = the Special Assessments for a Parcel B = the total of the Special Assessments for all Parcels in the District as shown in the Special Assessment Roll prior to the issuance of Bonds C = the Equivalent Units of the Parcel D = the sum of the Equivalent Units of all of the Parcels in the District immediately prior to the issuance of Bonds 2. Reapportionment of Special Assessments a. Subdivision of a Parcel Upon the subdivision of any Parcel, the Special Assessment of the Parcel prior to the subdivision shall be reallocated to each new Parcel in proportion to the Equivalent Units of each Parcel and the Special Assessment for the Parcel prior to the subdivision. The reapportionment of the Special Assessments shall be represented by the formula: E =F X (G H) Where the terms have the following meanings: E = the Special Assessment for the new Parcel resulting from a subdivision F = the Special Assessments for the Parcel or Parcels existing immediately prior to the subdivision from which the new Parcel was subdivided G = the Equivalent Units of the new Parcel as determined and described below Page 5 of 12 H = the sum of the Equivalent Units of all Parcels resulting from the subdivision of the prior Parcel or Parcels The computation of the Equivalent Units shall be made by the Administrator based on the information available regarding the Parcel. The Administrator shall use consistent standards in preparing the calculations and shall prepare and keep in the records of the Authority the computations made according to this section. In all cases, the Special Assessments after the subdivision of a Parcel shall equal the sum of the Special Assessments immediately before the subdivision of the Parcel. b. Consolidation of a Parcel Upon the consolidation of two or more Parcels, the Special Assessments for the consolidated Parcel shall equal the sum of the Special Assessments for the Parcels immediately prior to the consolidation. In all cases, the sum of the Special Assessment after the consolidation of two or more Parcels shall equal the total of the Special Assessments immediately before the consolidation of the Parcels. C. Request of a Parcel Owner The Special Assessments on some or all of the Parcels may be reallocated upon the unanimous request of the owners of the Parcels for which the Special Assessments are to be reallocated if there has been a change in the estimate of the Equivalent Units applicable to one of the Parcels. The reallocation of the Special Assessments shall be made pursuant to the following formula: J= KX(L =M) Where the terms have the following meanings: J = the Special Assessment after reallocation for each Parcel for which the Special Assessments are being reallocated K = the sum of the Special Assessments immediately prior to reallocation of the Parcels for which the Special Assessments are being reallocated L = the Equivalent Units of each Parcel after the reallocation M = the sum of the Equivalent Units after the reallocation for all of the Parcels for which Special Assessments are being reallocated In all cases, the sum of the Special Assessments after the reallocation of Special Assessments shall equal the total of the Special Assessments immediately prior to such reallocation of Special Assessments. d. Principal Portion of Special Assessments and Annual Installment The Principal Portion of Special Assessments and Annual Installment shall be set and reallocated in the same manner as the Special Assessments. Page 6 of 12 3. Reduction in the Special Assessments a. Reduction in Costs If the Board of Directors resolves that the total actual costs to be incurred by the Authority, including the costs of the Public Improvements and the costs related to the issuance and repayment of the Bonds, including refunding Bonds, and Administrative Expenses are less than the total amount of the Special Assessments, then the Board of Directors shall reduce the Special Assessments such that the sum of Special Assessments equals the total costs incurred or to be incurred. The Special Assessments shall be reduced in the District in the following manner. First, if the Public Improvements were not completed using bond proceeds and, in the judgment of the Board of Directors, any Parcels were not fully benefited by the Public Improvements, the Special Assessments shall be reduced on these Parcels to represent what the Board of Directors, in the reasonable exercise of its discretion, determines to be the peculiar benefit to these Parcels of such Public Improvements compared to the peculiar benefit of such Public Improvements to the other Parcels. The Board of Directors may provide for the reduction in the Special Assessments by equal percentage for each Parcel or some other means if the Board of Directors determines this would be the most fair or practical method of reducing the Special Assessments. Second, if additional reductions are to be made in the Special Assessments, the Special Assessments shall be reduced by an equal percentage such that the sum of the resulting Special Assessments for every Parcel equals the actual costs to be incurred by the Authority. The Special Assessments as reduced according to the provisions of this section shall not be reduced to an amount that is less than the outstanding amount of the related Bonds, debt service on the outstanding related Bonds, and estimated Administrative Expenses. The Principal Portion of Special Assessments shall be reduced in the same manner as the reduction in the Special Assessments such that the total of the Principal Portion of the Assessments is equal to the total principal of the outstanding related Bonds and any to be issued (including refunding Bonds). b. Repayment of the Bonds The Special Assessment applicable to any Parcel shall be reduced each Assessment Year in an amount equal to the Annual Payment collected from such Parcel. The Principal Portion of Special Assessment shall be reduced for the principal portion of the Annual Payment collected from each Parcel. C. Prepayment of Special Assessment The Special Assessments and the Principal Portion of Special Assessments applicable to any Parcel shall be reduced or eliminated, as the case may be, as the result of any prepayment of Special Assessments for the Parcel. Page 7 of 12 D. METHOD OF DETERMINING THE ANNUAL PAYMENT Commencing with the Annual Payment to be collected in the first Assessment Year after the issuance of the Bonds and for each following Assessment Year, the Administrator shall calculate and the Board of Directors shall confirm the Annual Payment on each Parcel pursuant to the following provisions. 1. The Annual Payment The Annual Payment shall be paid each year for any Parcel for which the Special Assessment has not been paid in full in an amount equal to the lesser of (i) the Annual Installment for the Parcel and (ii) an amount calculated pursuant to the following formula: a =b X (c d) Where the terms have the following meanings: a = the Annual Payment for a Parcel; b = the Annual Revenue Requirement for the Assessment Year for which the Annual Payment is being calculated; c = the Adjusted Annual Installment for the Parcel; d = the Adjusted Annual Installment for all Parcels in the District. 2. The Adjusted Annual Installment The Adjusted Annual Installment for a Parcel shall equal the Annual Installment for such Parcel less the Annual Credit for the Parcel. 3. The Annual Credit The Annual Credit for each Parcel for each Assessment Year shall be equal to the Tax Increment Revenues included in the calculation of the Annual Revenue Requirement for that Assessment Year produced by that Parcel. For purposes of calculating the Tax Increment Revenues for each Parcel, the base year tax revenues for each tax included in the Tax Increment Revenues shall be allocated to each Parcel on the basis of the total of the tax revenues from which the Tax Increment Revenues are calculated. For example, the base real property tax revenues would be allocated to each Parcel in proportion to the total real property tax revenues of the Parcel divided by the total real property taxes of all Parcels in the District (using the total real property tax revenues from which the Tax Increment Revenues are calculated). The Annual Credit for each Parcel for each Assessment Year shall be an amount calculated pursuant to the following formula: e =f - g - h Where the terms have the following meanings: e = the Annual Credit for a Parcel; Page 8 of 12 f = the real property taxes to be collected from the Parcel as included in the calculation of the Tax Increment Revenues for the Assessment Year; g = the Base Real Property Taxes as allocated to the Parcel by the formula below; h = any unpaid real property taxes for which the Annual Credit was based in the previous Assessment Year for the Parcel. The Base Real Property Taxes allocated to a Parcel shall be an amount calculated pursuant to the following formula: j=kx(m n) Where the terms have the following meanings: j = the Base Real Property Taxes allocated to a Parcel for an Assessment Year; k = the Base Real Property Taxes for the Assessment Year; m = the real property assessed value for the Parcel as used to determine the real property taxes in the formula for the Annual Credit for the Parcel in the formula above; n = the real property assessed value for all Parcels as used to determine the Tax Increment Revenues for that Assessment Year. E. UPDATING THE ASSESSMENT ROLL The Board of Directors shall update the Special Assessment Roll from time to time in accordance with the provisions herein in order to maintain records for the collection of Special Assessments. The Special Assessment Roll shall be updated each Assessment Year to reflect (i) the current Parcels in the District, (ii) the Special Assessments allocated to each Parcel, including any adjustments to the Special Assessments as provided for herein, (iii) the Principal Portion of Special Assessments for each Parcel; (iv) the Annual Installment for each Parcel for the Assessment Year, (v) the Annual Payment for each Parcel for the Assessment Year, (vi) prepayments of Special Assessments, (vii) termination of the collection of Special Assessments, and (viii) any other information helpful to the collection of Special Assessments. F. MANNER OF COLLECTION OF THE ANNUAL PAYMENT The Annual Payment shall be collected in the same manner and at the same time as regular property taxes of the County and shall be subject to the same penalties, procedures, sale, and lien priorities in case of delinquencies as are provided for regular property taxes of the County. The Authority shall notify the County of the amount of the Annual Payment to be collected on each Parcel each Assessment Year in a timely manner to allow the collection of the Annual Payment by the County. The Board of Directors may provide for other means of collecting the Annual Payment, to the extent permitted under the Act and agreed to by the County's Board of Supervisors. G. ADMINISTRATIVE REVIEW An owner of a lot claiming that a calculation error has been made in the update of Special Assessment Roll in any Assessment Year shall send a written notice describing the error to the Board of Directors not later than one year after the date any amount which is alleged to be Page 9 of 12 incorrect is due prior to seeking any other remedy. The Board of Directors shall promptly review the notice, and if necessary, meet with the property owner, consider written and oral evidence regarding the alleged error and decide whether, in fact, such a calculation error occurred. If the Board of Directors determines that a calculation error has been made that requires the Special Assessment Roll to be modified or changed in favor of the property owner, a cash refund may not be made for any amount previously paid by the owner (except for the final Assessment Year during which the Special Assessment shall be collected or if a determination is made that there will otherwise be sufficient funds available to meet the Annual Revenue Requirement for an Assessment Year), but an adjustment shall be made in the amount of the Annual Payment to be paid in the following Assessment Year. The decision of the Board of Directors regarding a calculation error relating to the Special Assessment Roll shall be conclusive as long as there is a rational basis for the determination. H. TERMINATION OF COLLECTION OF SPECIAL ASSESSMENTS Except for any delinquent Annual Payment and related penalties and interest, the Annual Payment may be collected for a term not to exceed the term of all of the Bonds. In no event shall the Annual Payment be collected beyond the period in which the Special Assessments or the Bonds are fully paid as provided for herein. After the retirement of all Bonds, and the collection of any delinquent Annual Payment, penalties and interest, the Authority shall provide each owner of a Parcel a recordable document (or provide for the recordation of such document) evidencing the termination of the imposition and collection of Special Assessment. I. PREPAYMENT OF SPECIAL ASSESSMENT The Special Assessments on any Parcel may be fully paid at any time, the Special Assessments reduced to zero, and the obligation to pay the Annual Installments permanently satisfied by payment of an amount calculated according to the following provisions: 1. A sum equal to the Principal Portion of the Special Assessments for the Parcel, as it may have been set, reapportioned or reduced pursuant to the provisions of Sections C.1., C.2., C.3., and C.4; less, 2. A credit for any reductions in the related Bonds to be issued or related Bonds outstanding due to the redemption of related Bonds as a result of the prepayment; plus, 3. A sum equal to (a) the amount needed to pay interest on the outstanding related Bonds to be redeemed less the investment earnings on the prepayment amount until the related Bonds can be called and redeemed, after taking into consideration the Annual Payment paid or to be paid for the related Bonds but not accounted for in the calculation of the Principal Portion of the Special Assessments for the related Bonds in Step 1 and (b) expenses of the Authority related to the prepayment. The amounts calculated in the preceding steps shall be paid to the Authority and shall be distributed by the Authority to pay costs related to the prepayment and according to the related Bond Indenture. Upon the payment of such prepayment amount to the Authority, the obligation Page 10 of 12 to pay the Special Assessments for such Parcel shall be deemed to be permanently satisfied, the Special Assessments for such Parcel shall be reduced to zero, the Annual Installment shall not be collected on the Parcel thereafter, and the Authority shall provide to the owner (or cause to be recorded) a recordable notice of the payment of the Special Assessments within a reasonable period of time of receipt of such prepayment amount. The Special Assessments may be prepaid in part in an amount sufficient to allow for a convenient redemption of related Bonds as determined by the Administrator. J. MANDATORY PREPAYMENT OF SPECIAL ASSESSMENTS 1. Prepayment of Special Assessments for Non - Benefited Property A Mandatory Prepayment of Special Assessments shall be required on any Parcel that is acquired by an entity that results in the Parcel being classified as Non - Benefited Property, if the Special Assessments may not be reapportioned to a Parcel of Assessed Property pursuant to the provisions of Section C.2. In the event an entire Parcel becomes Non - Benefited Property such that the Special Assessment cannot be reallocated to any other Parcel pursuant to the provisions of Section C, the Special Assessments shall become immediately due and payable by the Parcel, specifically prior to any transfer of the Parcel, but if and to the extent funds are available for that purpose from any of the following sources, may be collected from proceeds of a sale, condemnation, or other form of compensation for the property or from any other legally available source of funds. The prepayment of the Special Assessment shall be calculated as set forth in Section I. 2. Prepayment of Special Assessments Resulting From a Reduction in Equivalent Units The Special Assessments shall be prepaid in part upon a reduction of the Equivalent Units that results in the Principal Portion of the Special Assessments exceeding the Maximum Special Assessment. The Mandatory Prepayment shall be immediately due and payable by the Parcel (or any resultant Parcels) that results in the application of the provisions of this section. The Mandatory Prepayment shall be calculated as set forth in Section I, with the Principal Portion of the Special Assessments being prepaid to the amount necessary such that the Principal Portion of the Special Assessments does not exceed the Maximum Special Assessment. The Mandatory Prepayment shall be due prior to the recordation, conveyance, or other action that results in a change to any Parcel that results in a Mandatory Prepayment. The Mandatory Prepayment shall have the same sale and lien priorities as provided for by law for the Assessments. The Mandatory Prepayment shall not exceed the principal amount of the outstanding Bonds plus any other amounts owed on the Bonds, including accrued interest and redemption fees. K. AMENDMENTS Immaterial amendments may be made to this Rate and Method of Apportionment of Special Assessments by the Board of Directors without further approval by the Board of Supervisors and without further notice under the Act to owners of Assessed Property within the South Peak. Page 11 of 12 Immaterial amendments shall be those that (i) clarify or correct minor inconsistencies in the matters set forth herein, (ii) provide for lawful procedures for the collection and enforcement of Special Assessments and other charges imposed herein so as to assure their efficient collection, and (iii) otherwise improve the ability of the Authority to fulfill its obligations to impose and collect Special Assessments and charges imposed herein and to make it available for the payment of the Bonds, Administrative Expenses, and other costs of the Authority. Amendments may not be made to this Rate and Method of Apportionment of Special Assessments pursuant to the procedure described above that would increase the total of the Special Assessments or charges as set forth herein. L. INTERPRETATION OF PROVISIONS The Board of Directors shall make all interpretations and determinations related to the application of this Rate and Method of Apportionment of Special Assessments, unless stated otherwise herein or in the Bond Indenture, and as long as there is a rational basis for the determination made by the Board of Directors, such determination shall be conclusive. M. SEVERABILITY If any section or part of a section of this Rate and Method of Apportionment of Special Assessments is declared invalid or unenforceable, the validity, force, and effect of any other section or part of a section herein shall not thereby be affected or impaired unless such other section or part of a section herein is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unenforceable. Page 12 of 12 Appendix A -1 Annual Installment of Special Assessments Assessment CDA Total Year Principal Interest Operations Annaul Installments 2012 -13 $0 $1 $50 $1 2013 -14 $0 $1 $50 $1 2014 -15 $0 $1 $50 $1 2015 -16 $0 $1 $51 $1,331,000 2016 -17 $265,000 $1 $52 $1 2017 -18 $317,000 $1 $53 $1 2018 -19 $373,000 $1 $54 $1 2019 -20 $435,000 $1 $55 $1 2020 -21 $503,000 $1 $56 $1 2021 -22 $577,000 $1 $57 $1 2022 -23 $657,000 $1 $58 $1 2023 -24 $744,000 $1 $59 $1 2024 -25 $839,000 $970 $60 $1 2025 -26 $943,000 $903 $62 $1 2026 -27 $1 $827 $63 $1,946,172 2027 -28 $1 $743 $64 $1 2028 -29 $1,310,000 $649 $65 $2 2029 -30 $1 $544 $67 $2 2030 -31 $1,610,000 $428 $68 $2 2031 -32 $1 $299 $70 $2 2032 -33 $1 $156 $71 $2 Total $1600 $20 $1,242,028 $37 NVI Appendix A -2 Allocation of Special Assessments Principal Portion of Special Special Parcel ID Numbers Assessments Assessments Annual Installment 087.08 -03 -11.00 -0000 077.20 -0 1- 48.01 -0000 077.20 -0 1- 02.01 -0000 077.20 -01 -10.00 -0000 077.20 -01 -11.00 -0000 077.20 -0 1- 15.01 -0000 077.20 -01 -17.00 -0000 077.20 -01 -18.00 -0000 077.20 -01 -19.00 -0000 077.20 -0 1- 20.00 -0000 077.20 -01- 21.00 -0000 [To Be Updated] [To Be Updated] [To Be Updated] 077.20 -0 1- 22.00 -0000 077.20 -0 1- 23.00 -0000 077.20 -0 1- 24.00 -0000 077.20 -0 1- 25.00 -0000 087.08 -03 -11.00 -0000 077.20 -0 1- 52.00 -0000 077.20 -01 -03.00 -0000 077.20 -0 1- 04.00 -0000 077.20 -01 -14.00 -0000 077.20 -0 1- 54.00 -0000 077.20 -0 1- 55.00 -0000 Total $0 $0 $0 FMM SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY ROANOKE COUNTY, VIRGINIA SPECIAL ASSESSMENT REPORT Prepared By: MuniC ap, Inc. December 1, 2011 SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY ROANOKE COUNTY, VIRGINIA SPECIAL ASSESSMENT REPORT Purpose of Report The South Peak Community Development Authority (the "CDA ") is being created to provide public improvements for the property within the geographic boundaries of the CDA district. These improvements will provide a special benefit to the property owners in the CDA district. The bonds are expected to be issued by the CDA to finance all or a portion of the costs of the public improvements, bond issuance costs, bond interest during construction and for a period after construction, and a debt service reserve fund. Special assessments are intended to be levied to repay the bonds to the extent that incremental tax revenues are not sufficient to meet the debt service requirement. The County will impose special assessments in amounts equal to the principal on the bonds issued by the CDA, interest on the bonds until repaid, and administrative expenses of the CDA related to the bonds. The annual installment of special assessments will be collected each year to provide funds for the payment of debt service on the bonds, the cost of administration of the CDA, and other costs related to the bonds. Alternatively, a property owner may pay the special assessments imposed on a parcel in full at any time without penalty. The CDA is being created, special assessments levied, and bonds issued pursuant to the Virginia Water and Waste Authorities Act, beginning with §15.2-5100 et seq. of the Code of Virginia, 1950 (the "Act "), as it may be amended from time to time. The Act provides that the costs of improvements provided by the CDA may be assessed in a manner prescribed by the CDA upon property benefited by such improvements. This report explains the method of assessing the property in the CDA for the improvements to be provided by the CDA. Description of the CDA The South Peak Community Development Authority consists of approximately 62 acres proposed to be developed as a mixed -used project. The site is located directly across from the main entrance to Tanglewood Mall, along U.S. Route 419 (Electric Road) and the intersection of U.S. Route 220. A map of the property in the South Peak District Community Development Authority is attached to this report as Exhibit A. Pursuant to Ordinance No. 062204 -11 approved by the Board of Supervisors on June 22, 2004, the zoning classification of the land on which the proposed development is to be built was changed to R -3 and C -2. The permitted uses allowed under R -3 and C -2 classified land include but are not limited to the following: R -3 Zoning (i) Multi - family dwelling -1- (ii) Single family dwelling attached (iii) Single family dwelling detached (iv) Townhouse (v) Two family dwelling C -2 Zoning (i) Hospital (ii) Hotel/motel/motor lodge (iii) Pawn shop (iv) Personal services (v) Restaurants (vi) Retail sales With this plan, the land density allows the development of approximately 218,116 sq. ft. of total commercial space, 122 condominiums, 23 single family homes, and a 136 -room hotel. The proposed development of the property in the CDA is shown in Table A on the following page. The proposed development is expected to be built in five zones as shown in Table A. Table A Proposed Development Property Type S . Ft. Units Rooms Zone 1 Restaurant 1 8,960 Restaurant 2 M988 Zone 2 Hotel 136 Office 63,768 Zone 3 Office 134 Zone 4 Phase I condos 32 Phase II condos 28 Phase III condos 32 Phase IV condos 30 Zone 5 Single family 23 Total all development 218,116 145 136 I►IM Proposed Improvements The purpose of the CDA, the special assessments to be levied on the property in the CDA District, and the bonds to be issued with respect to the CDA is to finance the costs of the public improvements for the benefit of the property in the CDA district. bonds: Table B identifies the estimated costs of public improvements that may be paid by the Table B Public Improvements to be Funded by Bonds Public Improvement Cost Entrance and Retention Design $128 Road $1 Sub -total entrance and retention $L83505 Parking Garage Construction (308 parking spaces) $3 A &E fee $15000 Testing and miscellaneous costs $40 Landscaping allowance $50 Sub -total parking garage $4 Other Infrastructure Improvements Water and sewer $2 Road and utilities $1,778,307 Material testing $15 Re- signalization of entrance $32 Sidewalk along roadway $142 Lighting along roadway $19000 Landscaping $5500 Seeding $30 Architectural and engineering survey $50 Subtotal of improvements $4X4 Construction oversight $526 Contingency $901 Total $11 The costs shown in this table are estimates. The actual costs may vary from these estimates. A description of the public improvements that may be funded by the bonds follows: -3- Fntrnnop CDA. These costs are related to the design and construction of the roads providing access to the Parking Garage These improvements consist of a structured parking garage that will provide parking to the commercial property in the CDA. The cost of improvements also includes architectural and engineering fees, testing, and landscaping around the parking garage. Water and Sewer These improvements consist of the installation of off -site water and sewer improvements necessary to provide water and sewer service for the property in the CDA. Roads and Utilities These improvements are related to collector road through the project. The road has an entrance at Route 419 and continues throughout the CDA to a second entrance adjacent to Lowe's and is also accessible from Route 220. These improvements also include planning and design of additional utilities vital to the CDA. Material Testing These costs will be incurred for testing of materials and construction of the improvements benefiting the commercial development in the CDA. Re- Signalization of Entrance These improvements are related to installing traffic signals and signs around the entrance to the CDA. The main access to the residential part of the development does not require any signalization. Sidewalk and Lighting along Roadway These improvements consist of construction of the sidewalks and lighting along the anticipated road improvements within the CDA. Landscaping and Seeding These improvements consist of landscaping in the right of way along the roads being constructed by the CDA. Architectural and Engineering Survey The cost of these improvements are related to surveying, planning, design, implementation, and proper operation of CDA improvements benefiting the commercial ME development in the CDA. The cost related to architectural and engineering survey is the residential development is expected to be funded from an alternative source of funds. The public improvements described above are all provided to meet the needs of the property in the CDA that result from the proposed future use of the property. The improvements provide roads, water and sewer, and other public infrastructure such re- signalization, landscaping, sidewalks, and lighting that do not currently exist and will be necessary for the proposed development of the property. A map identifying the public improvements is included as Exhibit B. Projected Issuance of Bonds The CDA anticipates the issuance of tax - exempt bonds in a not -to- exceed amount of $16,000,000 to finance the costs of the public improvements. The bonds will be repaid from a combination of tax increment revenues and the special assessments. Tax increment revenues are defined as 70 percent of the incremental ad valorem real estate tax, incremental personal property tax, incremental sales tax, incremental transient tax, incremental business, professional, and occupational license tax ( "BPOL tax "), and incremental meals tax. Bond proceeds may include the costs of constructing improvements, a debt service reserve fund, issuance costs and capitalized interest. Interest income on the bond proceeds will act as a supplement to the bond proceeds before they are fully expended. Table C shows the estimated sources and uses of funds for the issuance of the bonds. Table C Projected Issuance of the Bonds Source and Uses Proceeds Sources: Bond proceeds $16 Interest earned in the improvement fund $0 Sub -total sources of funds $16 Uses: Public improvements $11 Issuance costs $320 Underwriter's discount $320,000 Capitalized interest $2 Debt service reserve fund $100 Sub -total uses of funds $16 The actual issuance of the bonds may vary from these estimates depending on the interest rate on the bonds, the date the bonds are issued, the cost of issuing bonds, reinvestment rates on the bond proceeds, and other factors. Bond issuance costs include legal fees, financial consulting fees, cost of studies, the set- up and first year's fee of the trustee, trustee's counsel, county expenses, document printing costs, and other miscellaneous costs related to the issuance of the bonds. Underwriter's discount is the -5- fee to the underwriter for selling the bonds. Capitalized interest will fund the interest on the bonds for approximately one and half year after the issuance of the bonds. Capitalized interest allows time for the public improvements to be constructed, the property to be added to the property tax roll, and property taxes to be collected from the property and applied to the payment of debt service on the bonds. The purpose of the debt service reserve fund is to ensure there are sufficient funds to pay debt service should it be necessary to take action to collect delinquent special assessments. The proceeds in the reserve fund are invested and the income is applied to the annual debt service on the bonds. The reserve fund itself is expected to eventually be applied to the repayment of the bonds. Projected Debt Service and Administrative Expenses A schedule showing projected debt service and administrative expenses over 20 years is attached to this report as Exhibit C. Interest is assumed to be 8.00% per year on the outstanding principal on the bonds. Administrative expenses are estimated at $50,000 annually for the bonds. Administrative expenses are assumed to be adjusted annually for inflation at two percent per year. Total principal, interest, and administrative expenses of the special assessments are shown below in Table D. Table D Total Special Assessments — 20 Years Principal portion $16 Interest portion (20 -year period) $20,028 Administrative expenses (20 -year period) $1 IL — Total special assessments $37,270,028 Determination of Special Assessments The reasonable basis for the special assessments levied in the CDA is based on the following: (i) The public improvements to be provided by the CDA provide a peculiar and special benefit to the property in the CDA and this benefit exceeds the cost of the special assessments; (ii) The bonds are issued to pay for all or a portion of the public improvements that provide a peculiar and special benefit to the assessed property and the special assessments collected each year are equal to the amount required to repay the bonds and to pay administrative expenses related to the bonds to the extent that incremental tax revenues are not sufficient; and (iii) The special assessments are allocated to parcels within the CDA on a basis that reasonably reflects the benefit each parcel receives from the public improvements. mom The following sections of this report explain how the Special assessments as levied pursuant to the "Rate and Method of Apportionment of the Special Assessments" for the CDA are consistent with these concepts. Special Benefit The property will receive a peculiar and special benefit from the public infrastructure improvements to be provided by the CDA. The public improvements are located in the CDA and provided specifically to meet the demands of the property in the CDA. The public infrastructure to be funded by the CDA provides road accessibility to and from the CDA, water and sewer facilities, parking facilities for the use of the property in the CDA, sidewalks, and other vital improvements specifically to the CDA. These improvements are required for the proposed use of the property as described above. Accordingly, the public improvements to be funded by the CDA provide a peculiar and special benefit to the property in the CDA. The peculiar and special benefit of the public infrastructure improvements to be provided by the CDA will be equal to or greater than the cost of the Special assessments levied on the property. The value of peculiar and special benefit is confirmed by two means. First, the owners of all of the property in the CDA have requested the County impose special assessments on the property for the purpose of providing the public improvements and consented to the special assessments to be imposed. It is reasonable to believe the owners are acting in their interest and making this request because the benefits they receive from the public improvements exceed the cost of the Special assessments. Second, the special assessments are being levied to provide improvements that are necessary for the highest and best use of the property (i.e., the use of the property that is most valuable, including any costs associated with that use). Highest and best use can be defined as "The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value." (Dictionary of Real Estate Appraisal, Fourth Edition.) The four criteria for highest and best use are (i) legal permissibility, (ii) physical possibility, (iii) financial feasibility, and (iv) maximum productivity. The owners of the property to be assessed have analyzed various options for the use of the property, taking into consideration the legally permitted uses, the physical constraints of the site, financial parameters, market demand, and other relevant factors. The owners are understandably interested in maximizing their return on the property. Based on this analysis, the highest and best use of the property, including any costs required for that use, is the proposed uses for the property. The proposed uses of the property will require the public improvements that are to be provided by the CDA. Without these improvements, the property could not be put to its highest and best use. The financing provided by the CDA is long -term financing and pays interest which is exempt from income taxes to bondholders, resulting in a lower rate than other available financing on comparable terms. The bonds also have a longer term than other available financing and may either be repaid or assumed by a buyer at the buyer's option. The special assessments also make tax increment financing available on more favorable terms. As a result of these advantages, the financing provided by the CDA is the most beneficial means of financing the public improvements. -7- In summary, the peculiar and special benefit to the property is greater than the special assessments imposed on the property for the following reasons: 1. The improvements to be provided by the CDA are required for the highest and best use of the property; 2. The highest and best use of the property is the use of the property that is most valuable (including any costs associated with the use of the property); 3. The financing provided by the CDA is the most beneficial means of financing the improvements; 4. As a result, the special benefits to the property from the improvements to be provided by the CDA will be equal to or greater than the cost of the special assessments that will finance the improvements necessary to achieve the highest and best use of the property. Assessments Collected Each Year The annual installment of special assessments are shown in the Special Assessment Roll, Appendix A of the "Rate and Method of Apportionment of the Special Assessments" and Exhibit C attached to this report. After the issuance of the bonds, the annual installments are projected to be paid over approximately twenty years. The annual installments include the principal to be repaid, which is equal to the estimated principal of the bonds to be issued, interest on the unpaid principal, and administrative expenses of the CDA as shown below in Table E. As described above, the annual installments as shown on the Special Assessment Roll have been set each year in the amount necessary to pay the debt service on the bonds, which are to be issued to finance the public improvements that provide a peculiar and special benefit, and the administrative expenses related to the repayment of the bonds by the CDA. Table E Total Special Assessments Principal portion $16 Interest portion (20 -year period) $20 Administrative expenses (20 -year period) $1 IL - Total special assessments $37,270 As explained previously, the bonds are expected to be repaid from incremental tax revenues generated within the CDA and special assessments in the event the incremental tax revenues are not sufficient. The actual expenses of the CDA may be less than estimated herein. The "Rate and Method of Apportionment of the Special Assessments" provide for the annual installment collected each year to equal the actual amount required to pay debt service on the bonds and administrative expenses of the CDA. Additionally, the "Rate and Method of Apportionment of the Special Assessments" provide for special assessments to be reduced to equal the actual costs 6 of providing the public improvements, including the costs related to issuance and repayment of the bonds. In summary, the special assessments are set in a manner consistent with the estimate of the annual debt service on the bonds to be issued to finance the public improvements that provide a peculiar benefit to the property being assessed and the administrative expenses related to the repayment of the bonds by the CDA and are therefore set in a reasonable manner. Allocation of the Special Assessments This section explains how the special assessments are allocated to the property in the CDA district in a reasonable manner that is representative of the benefit each property receives from the public improvements to be provided by the CDA. As previously stated, the owner of each parcel in the CDA district has consented to the special assessments imposed on the property, including the method of allocating the assessments to the parcels, demonstrating the reasonableness of the allocation of the special assessments. The special assessments are imposed on all of the real property within the CDA district, with the exception of non - benefited property and public property. Non - benefited property is property within the CDA district that will not use the public improvements and will not increase in value as a result of the construction of the public improvements. The "Rate and Method of Apportionment of Special Assessments" provide for the special assessments to be reallocated as property is subdivided. The reallocation is made on the same basis as the initial allocation of special assessments as shown on the Special Assessment Roll and explained herein. Special assessments are allocated pursuant to the "Rate and Method of Apportionment of Special Assessments" to parcels in the CDA in a manner to reasonably reflect the benefit property will receive from the improvements to be provided by the CDA. Benefit is estimated on the basis of (i) the use of the improvements, and (ii) the total economic value of the property in the CDA. The calculations of the allocation of special assessments to each land use class are shown in Exhibit D of this report. The economic value received by each parcel is estimated on the basis of a combination of the estimated incremental ad valorem real estate tax, incremental personal property tax, incremental sales tax, incremental transient tax, incremental business, professional, and occupational license tax ( "BPOL tax "), and incremental meals tax, available to repay the bonds once property is developed as intended. The purpose of the improvements to be provided by the CDA is to allow the property to be redeveloped into its highest and best use. As a result, allocating the special assessments on the basis of the economic value received by each parcel is particularly appropriate. The purpose of the special assessments is to provide an additional source of security for the tax increment revenues, which are to be the primary source of repaying the bonds. Allocating special assessments according to tax increment revenues available to repay the bonds results in each owner having a special assessment burden that matches the expectation and responsibility to produce tax increment revenues for the bonds. This results in each property being responsible for its fair share of the costs of the improvements, as reflected in the agreement with the county to use incremental taxes produced by property owners to repay the bonds. (i) Allocation of Cost Based on Benefits Received The special assessments are allocated to each property on the basis of the use of the public improvements. Only the commercial development is expected to receive benefit from the parking garage proposed at the CDA. The residential property will not have a need for or practical access to the parking garage. Therefore, the parking garage cost is allocated only to commercial property for purposes of determining the special assessments. In order to properly allocate special assessments to the commercial and residential development, the cost of improvements excluding any soft costs, are separated into two categories: (i) Category A, which includes the improvements that benefit only the commercial property, and (ii) Category B, which includes all other improvements benefiting all property types. Table F shows the cost of improvements for each of these two categories. Table F Allocation of Cost of Improvements As shown in Table F, approximately $6,454,103 of the principal portion of the special assessments is only allocated to the commercial development due to the fact that the residential development is not expected to benefit substantially from these improvements. The balance of the principal portion of the special assessments is allocated to all property types. (ii) Allocation of Special Assessments Based on Economic Value In order to facilitate the allocation of special assessments on the basis of estimated economic value once the property is developed, property has been classified into six different classes, as shown by Table G. The economic value of property within each class has been estimated on the basis of method as shown in Exhibit D, and this value is used to determine an equivalent assessment factor for each class. The assessments within each land use class are the same per expected residential unit, per 1,000 building square feet of commercial space or per guest room. That is, each single family residential unit is assessed the same, each 1,000 square feet of retail is assessed the same, each 1,000 square feet of restaurant space is assessed the same, each 1,000 square feet of office space is assessed the same, and each guest room is assessed the same. (a) Category A The equivalent assessment factors and special assessments for each category are calculated separately. A weighted average is then calculated to combine the two categories to show the total equivalent assessment factors and special assessments by land use class. Table G shows each land use class, the estimated economic value, and the resulting equivalent assessment factor based on Category A. -10- Principal Improvements Cost Percentage Allocation Category Parking garage $4,165 40% $6 Category A Entrance and other improvements $6,160,215 60% $9,545,897 Category B Total 1 $10,325 100% $16 As shown in Table F, approximately $6,454,103 of the principal portion of the special assessments is only allocated to the commercial development due to the fact that the residential development is not expected to benefit substantially from these improvements. The balance of the principal portion of the special assessments is allocated to all property types. (ii) Allocation of Special Assessments Based on Economic Value In order to facilitate the allocation of special assessments on the basis of estimated economic value once the property is developed, property has been classified into six different classes, as shown by Table G. The economic value of property within each class has been estimated on the basis of method as shown in Exhibit D, and this value is used to determine an equivalent assessment factor for each class. The assessments within each land use class are the same per expected residential unit, per 1,000 building square feet of commercial space or per guest room. That is, each single family residential unit is assessed the same, each 1,000 square feet of retail is assessed the same, each 1,000 square feet of restaurant space is assessed the same, each 1,000 square feet of office space is assessed the same, and each guest room is assessed the same. (a) Category A The equivalent assessment factors and special assessments for each category are calculated separately. A weighted average is then calculated to combine the two categories to show the total equivalent assessment factors and special assessments by land use class. Table G shows each land use class, the estimated economic value, and the resulting equivalent assessment factor based on Category A. -10- Table G Equivalent Assessment Factors by Land Use Class Based on Estimated Value — Category A (Commercial Only) As shown in Table F, the total principal portion of special assessments allocated to Category A is equal to $6,454,103. As shown in Table G, the total equivalent units calculated for Category A are equal to 368.11. Table H shows the special assessments and principal portion of special assessment per equivalent unit for Category A. Table H Special Assessments and Principal Portion of Special Assessments — Category A Total special assessments (Category A) Total equivalent units (Category A $15,034 368.11 Total special assessments per equivalent unit Total Equivalent Total Total equivalent units (Category A 368.11 Proposed Economic Assessment Equivalent Land Use Class Use Development Value 1 Factor Units Land Use Class 1 Retail 1.00 $3 1.00 1.00 Land Use Class 2 Restaurant 19.95 $12 3.72 74.21 Land Use Class 3 Office 198.17 $3 1.08 214.02 Land Use Class 4 Hotel 136.00 $1,996 0.58 78.88 Total Equivalent Units (Category A) 368.11 1 Represents total incremental tax revenues per 1,000 SF /per room /per unit generated by each property type as shown in Exhibit D. As shown in Table F, the total principal portion of special assessments allocated to Category A is equal to $6,454,103. As shown in Table G, the total equivalent units calculated for Category A are equal to 368.11. Table H shows the special assessments and principal portion of special assessment per equivalent unit for Category A. Table H Special Assessments and Principal Portion of Special Assessments — Category A Total special assessments (Category A) Total equivalent units (Category A $15,034 368.11 Total special assessments per equivalent unit $40,841 Total principal portion of assessments (Category A) $6,454,103 Total equivalent units (Category A 368.11 JL_ Total principal portion per equivalent unit $17,533 The total special assessments (Category A) of each land use class are calculated by multiplying the special assessments per equivalent unit by the equivalent assessment factor for each land use class, as shown in Table G. The result is then multiplied by the total number of units, number of rooms, or 1,000 BSF in each land use class to determine the total special assessments by class. For example, $40,841 x 3.72 (Land Use Class 2 equivalent unit) x 19.95 (1,000 BSF for Land Use Class 1) _ $3,030,698. The total special assessments and the principal portion of special assessments are calculated in the same manner as described above. Based on equivalent units shown in Table G, the allocation of special assessments and principal portion of special assessments to each land use class for Category A computes to the following: ERE Table I Allocation of Special Assessments and Principal Portion of Special Assessments - Category A (b) Category B Table J shows each land use class, the estimated economic value, and the resulting equivalent assessment factor based on Category B. Table J Equivalent Assessment Factors by Land Use Class Based on Estimated Value (All Development) - Category B Total Equivalent Principal Equivalent Total Assessment Portion of Land Use Class Proposed Assessment Equivalent Special Special Land Use Class Development Factor Units Assessments Assessments Land Use Class 1 1.00 1.00 1.00 $40 $17 Land Use Class 2 19.95 3.72 74.21 $3 $1,301,077 Land Use Class 3 198.17 1.08 214.02 $8 $3,752 Land Use Class 4 136.00 0.58 78.88 $3 $1,383 Total Single Family 23.00 368.11 $15 $6 (b) Category B Table J shows each land use class, the estimated economic value, and the resulting equivalent assessment factor based on Category B. Table J Equivalent Assessment Factors by Land Use Class Based on Estimated Value (All Development) - Category B As shown in Table F, the total principal portion of special assessments allocated to Category B is equal to $9,545,897. As shown by Table J, the total equivalent units calculated for Category B are equal to 473.06. Table K shows the total special assessments and principal portion of special assessment per equivalent unit for Category B. wpm Total Equivalent Total Proposed Economic Assessment Equivalent Land Use Class Use Development Value 1 Factor Units Land Use Class 1 Retail 1.00 $3 1.00 1.00 Land Use Class 2 Restaurant 19.95 $12 3.72 74.21 Land Use Class 3 Office 198.17 $3 1.08 214.02 Land Use Class 4 Hotel 136.00 $1,996 0.58 78.88 Land Use Class 5 Condos 122.00 $2 0.70 85.40 Land Use Class 6 Single Family 23.00 $2,903 0.85 19.55 Total Equivalent Units (Category B) 473.06 1 Represents total incremental tax revenues per 1,000 SF /per room /per unit generated by each property type as shown in Exhibit D. As shown in Table F, the total principal portion of special assessments allocated to Category B is equal to $9,545,897. As shown by Table J, the total equivalent units calculated for Category B are equal to 473.06. Table K shows the total special assessments and principal portion of special assessment per equivalent unit for Category B. wpm Table K Special Assessments and Principal Portion of Special Assessments — Category B Total special assessments (Category B) Total equivalent units (Category B) $22,235 473.06 Total special assessments per equivalent unit $47,005 Total principal portion of assessments (Category B) $9,545,897 Total equivalent units (Category B) 473.06 JL_ Total principal portion per equivalent unit $20 The total special assessments (Category B) of each land use class are calculated by multiplying the special assessments per equivalent unit by the equivalent assessment factor for each land use class, as shown in Table J. The result is then multiplied by the total number of units or 1,000 BSF of each land use class to determine the total special assessments by class. For example, $47,005 X 3.72 (Land Use Class 2 equivalent unit) X 19.95 (1,000 BSF for Land Use Class 1) = $3,488,064. The total special assessments and the principal portion of special assessments are calculated in the same manner as described above. Based on equivalent units shown in Table J, the allocation of special assessments and principal portion of special assessments for Category B computes to the following: Table L Allocation of Special Assessments and Principal Portion of Special Assessments — Category B (c) Weighted Average (Category A and Category B) As previously stated, a weighted average is calculated to determine the combined total special assessments to be allocated to each land use class. Table M shows the weighted average equivalent assessment factor and weighted average equivalent units based on the combined principal portion of special assessment allocated to Category A and Category B. - 13 - Principal Equivalent Total Portion of Proposed Assessment Equivalent Special Special Land Use Class Development Factor Units Assessments Assessments Land Use Class 1 1.00 1.00 1.00 $47 $20,179 Land Use Class 2 19.95 3.72 74.21 $3 $1 Land Use Class 3 198.17 1.08 214.02 $10,060,032 $4,318,766 Land Use Class 4 136.00 0.58 78.88 $3,707,738 $1,591,729 Land Use Class 5 122.00 0.70 85.40 $4,014,209 $1,723,297 Land Use Class 6 23.00 0.85 19.55 $918,944 $394,502 Total 473.06 $22 $9 (c) Weighted Average (Category A and Category B) As previously stated, a weighted average is calculated to determine the combined total special assessments to be allocated to each land use class. Table M shows the weighted average equivalent assessment factor and weighted average equivalent units based on the combined principal portion of special assessment allocated to Category A and Category B. - 13 - Table M Weighted Average Equivalent Assessment Factor Special assessments are to be allocated to parcels on the basis of the weighted average equivalent assessment factors as shown in Table M. Equivalent assessment factors represent the ratio of estimated special assessments per unit, per 1,000 square feet or per room for each class. The special assessments on each parcel are to be based on the expected development on each parcel, the equivalent assessment factors for each land use class, and the special assessments per equivalent unit. Based on the proposed development plan for the CDA district, the projected total equivalent units are 424.26 as shown in Table M. Table N shows the derivation of the special assessments per equivalent unit based on the total special assessments of the CDA, and the number of equivalent units as shown in Table K. TABLE N Special Assessments per Equivalent Unit Total special assessments Total equivalent units (weighted average) $37 424.26 Total special assessments per equivalent unit Principal Total principal portion of assessments $16 Total equivalent units (weighted average) Total IL Total principal portion per equivalent unit Portion of Weighted Principal Special Average Weighted Portion of Assessment Per Equivalent Average Assessments Proposed Unit /Per 1,000 Assessment Equivalent Land Use Class Cat. A and B Development GSF /Per Room Factors Units [A] CBI [C] = [A] = [B] Land Use Class 1 $37 1.00 $37 1.00 1.00 Land Use Class 2 $2 19.95 $140 3.72 74.21 Land Use Class 3 $8 198.17 $40 1.08 214.02 Land Use Class 4 $2 136.00 $21 0.58 78.88 Land Use Class 5 $1 122.00 $14 0.37 45.70 Land Use Class 6 $394,502 23.00 $17,152 0.45 10.46 Total 16 424.26 Special assessments are to be allocated to parcels on the basis of the weighted average equivalent assessment factors as shown in Table M. Equivalent assessment factors represent the ratio of estimated special assessments per unit, per 1,000 square feet or per room for each class. The special assessments on each parcel are to be based on the expected development on each parcel, the equivalent assessment factors for each land use class, and the special assessments per equivalent unit. Based on the proposed development plan for the CDA district, the projected total equivalent units are 424.26 as shown in Table M. Table N shows the derivation of the special assessments per equivalent unit based on the total special assessments of the CDA, and the number of equivalent units as shown in Table K. TABLE N Special Assessments per Equivalent Unit Total special assessments Total equivalent units (weighted average) $37 424.26 Total special assessments per equivalent unit $87 Total principal portion of assessments $16 Total equivalent units (weighted average) 424.26 IL Total principal portion per equivalent unit $37 Special assessments are to be allocated to each parcel pro rata to the equivalent units of each parcel. Table O shows the proposed development, equivalent units for property type, and percentage of special assessments allocated to each property type. BEE TABLE O Percentage of Special Assessments Allocated Proposed Development Weighted Average Equivalent Units Percentage Allocated Retail 1.00 0.24% Restaurant 74.21 17.49% Office 214.02 50.45% Hotel 78.88 18.59% Condominiums 45.70 10.77% Single Family 10.46 2.47% Total 424.26 100.00% Based on the equivalent units for each parcel shown in Table O, the amount of special assessment and principal portion of special assessments allocated to each property type is shown in Table P. TABLE P Allocation of Assessments by Property Type Land Use Class Proposed Development Percentage Allocated Principal Portion of Special Assessments Special Assessments Land Use Class 1 Retail 0.24% $37 $87,846 Land Use Class 2 Restaurant 17.49% $2,798,500 $6,518 Land Use Class 3 Office 50.45% $8 $18 Land Use Class 4 Hotel 18.59% $2 $6,929 Land Use Class 5 Condominiums 10.77% $1,723,297 $4,014,209 Land Use Class 6 Single Family 2.47% $394,502 $918 Total I 1 100.00% $16 $37 Special assessments are to be imposed on each parcel as shown on the Special Assessment Roll and will be reallocated to new parcels pursuant to the "Rate and Method of Apportionment of the Special Assessments" on the basis of equivalent assessment factors for each land use class. Summary of Reasonable Basis of the Special Assessments Special assessments are imposed on the assessed property in the CDA according to the provisions of the "Rate and Method of Apportionment of the Special Assessments" in a reasonable manner. This report explains the reasonable basis of the special assessments. The reasonable basis may be summarized as follows: 1. The public improvements are being provided specifically for the use of the property in the CDA district, and as a result, provide a peculiar and special benefit to the property within the CDA district; 2. The special benefit of the public improvements to the property subject to special assessments exceeds the cost of the Special assessments; -15- 3. The bonds are issued to finance the costs of the public improvements, which provide a special benefit to the property in the CDA district, and other costs related to the issuance of the bonds; 4. Special assessments collected on all of the property in the CDA district each year are equal to the amount required to pay the debt service on the bonds and administrative expenses of the CDA related to the bonds; 5. Special assessments are to be allocated to each parcel within the CDA district in a manner that is reasonably representative of the benefit each property receives from the public improvements to be provided by the CDA. For these reasons, the special assessments are imposed on the assessed property in the CDA district in a reasonable manner. -16- ■ r . _O VERALL SITE PLAN Exhibit A CDA Map 11 THG 41 . ,--j! I Vkl AL 1.17, O-A14 Exhibit B Public Improvements Map Exhibit C Projected Debt Service and Administrative Expenses Assessment Year Principal Interest @ 8.00% Administrative Expense Annual Installments 2012 -13 $0 $1 $50 $1 2013 -14 $0 $1 $50,000 $1 2014 -15 $0 $1 $50,000 $1 2015 -16 $0 $1,280,000 $51 $1,331 2016 -17 $265 $1 $52 $1 2017 -18 $317,000 $1 $53,060 $1 2018 -19 $373 $1 $54,122 $1 2019 -20 $435 $1,203,600 $55,204 $1 2020 -21 $503 $1,168,800 $56,308 $1,728,108 2021 -22 $577 $1 $57 $1 2022 -23 $657 $1 $58,583 $1 2023 -24 $744 $1,029,840 $59,755 $1,833,595 2024 -25 $839 $970 $60,950 $1 2025 -26 $943,000 $903 $62,169 $1 2026 -27 $1 1 055 1 000 $827 $63 $1,946,172 2027 -28 $1 $743,360 $64 $1 2028 -29 $1,310,000 $649 $65,974 $2 2029 -30 $1 $544 $67 $2 2030 -31 $1,610,000 $42800 $68 $2 2031 -32 $1 $299 $70,012 $2,148,292 2032 -33 $1 $156 $71,412 $2 Total $16,000,000 $20 $1 1 $3792709028 OC O O S � O M 00 � O S 00 � � M O � oc M M b�3 " A b iA � O � U bg O V a C � O � d � C M M 00 V � C � � C " M -CA b� b� N 4� C -0 41 M 41 00 O N 00 00 bg l� b�} " oc 41 b�3 N C .--a 41 O b�3 N b�} r--a M bA bg b�3 bg � C OC 00 00 ° M oc M M b�3 " A b iA iA bg O N M 00 " M -CA b� b� 41 M 41 00 O N 00 00 bg l� b�} " oc 41 b�3 N N 41 b�3 N .--a 41 O b�3 N b�} r--a M bA bg b�3 bg bg bl9 OC 00 o p 00 i i O i i O O M O ° O � 0 00 -EA bg M �bA ^� 00 00 ° c ri m o OC N N b�3 {yg fyg b4 N .-� {yg N b�3 {yg A M f�4 {yg P� A 0 00 \O O O N O O O i i O O O N o O N O �? 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I I I i cq 11C 11.0 r- d' d' N a i M N M (` 3 of big bF} big bf > 0 0 o c > 0 0 o c M O \O \t N N It a 3 bF3 bF} big bf r L) L) L) L c�c�c�a � � � z as as as a > > M kn N 4 N d' \t o0 Q1 Q1 a O a� a, a� L� $� d as 3 Q1 kn kn d' M 0 0 0 o c 0 0 0 o c kn kn o0 Q\ a bF} bF3 bF} bF} bF U U U U L 0 0 0 o c O O O O c N N N N c N N N N r O a� a, tin N � o V 00 In kn r- It- N N N �n d I N 0 0 0 o c 0 0 0 o c dr `O dr M d N kn kn M \C d' d' d' M r bF} bF3 {f} bF} bF r- O O Q` c Q\ O \O \O c U U U U L K U U U U L 0 0 0 0 rn rn rn rn v N N N N r O C a, ap a, a� � Exhibit D -3 Sales Comparables Table 1: Estimated Sales Data 112 Development Type Average Size Per Store Sales PSF Retail Barnes & Noble 25 $265 Ann Taylor 5 $518 Cato 3 $173 Charming Shoppes 500 $222 Children's Place 4 $368 Dress Barn 6 $159 Goody's Family Clothin 27 $128 Men's Wearhouse 7,838 $319 Ross Stores 24 $299 Wet Seal 3 $348 Linens 'n Things 33 $134 Pier 1 Imports 8 $176 Jo -Ann Stores 14 $114 Average retail sales per sq. ft. $212 Restaurants McDonalds 3 $227 Bucca DiPeppo 8 $341 Red Robin 6,350 $281 Applebee's 4,940 $140 Panera Bread 4 $175 Ruby Tuesdays 500 $302 Bertucci's 6 $383 Weighted average sales per square foot $277 Table 2: Hotel Comparable " Hotel Occupancy Room Rate Hilton Garden Inn 71.4% $111.34 MuniCap, Inc Coverage Analysis C Option 2 - 11- 30- 2011.xlsx]Exhibit D -3 ]-Dec-]] 1 Based on information obtained from Biz Miner. Bizminers is owned and operated by the Brandow Company of Camp Hill, PA, a leader in online data analysis established in 1998. The website compiles data from top national retailers. The sales data is report 2 According to Dollar and Cents Shopping guide, the average sales per sq. ft. at a southern region Neighborhood Shopping Center is between $73 and $345. The average sales are based on a sample taken for supermarkets, restaurants with liquor, Chinese fast 3 Based on information provided in the annual report filed by Hilton Hotels Corp. on February 28, 2007 for the period ending December 31, 2006. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 13, 2011 ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT FOR THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY REGARDING THE FINANCING OF CERTAIN PUBLIC INFRASTRUCTURE IMPROVEMENTS WHEREAS, the Board of Supervisors (the "Board ") of Roanoke County, Virginia (the "County "), in accordance with the provisions of Article 6, chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended (the "CDA Act "), created the South Peak Community Development Authority (the "CDA ") by Ordinance enacted August 24, 2010 (the "Ordinance "); and WHEREAS, pursuant to Section 15.2- 5158.A.5. of the CDA Act, the Board has the power to establish a special assessment on property within the CDA District; and WHEREAS, the Board has previous approved a certain agreement with Slate Hill 1, LLC, a Virginia limited liability company, as owner and developer of the land within the CDA (the "Developer ") pursuant to a Memorandum of Understanding dated the 1 st day of February, 2011 (the "Memorandum of Understanding "); and WHEREAS, the Board has previously approved a certain agreement with the CDA and the Developer pursuant to a Development, Acquisition and Financing Agreement (the "Development Agreement "); and WHEREAS, the CDA proposes to issue its bonds in an initial series (the "Bonds ") to finance a portion of the public infrastructure improvements benefiting the CDA District as described in more detail in the Memorandum of Understanding and Development Agreement; and Page 1 of 3 WHEREAS, the establishment of a special assessment on property within the CDA District and the actions contemplated by the Memorandum of Understanding and Development Agreement will benefit the citizens of the County by promoting increased employment opportunities, a strengthened economic base and increased tax revenues and additional business opportunities; and WHEREAS, the first reading of this ordinance was held on November 15, 2011, and the second reading and public hearing was held on December 13, 2011, after notice published as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. Special Assessment By agreements between the Developer and the Board pursuant to the Memorandum of Understanding and the Development Agreement, special assessments to pay the costs of public improvements to benefit property within the CDA District are hereby established and apportioned in accordance with the Rate and Method of Apportionment of Special Assessments ( "RMA ") in substantially the form presented to the Board at this meeting. The CDA Board is authorized to approve or to provide for the approval of a Special Assessment Roll allocating the special assessment among the tax parcels within the CDA District in accordance with the RMA. The CDA shall cause notice of the special assessments to be reported to the County's Treasurer or other County official responsible for the collection of taxes. The special assessments shall be liens on the taxable real property in the CDA District in accordance with the provisions of Virginia Code Sections 15.2- 2404 et seq. In accordance with Virginia Code Section 58.1 - 3985.2 the Board of Page 2 of 3 Supervisors hereby provides that if any special assessment levied pursuant to this ordinance is delinquent, proceedings for the sale of the real property subject to such special assessment are authorized to be instituted on the first anniversary date on which the special assessment became due to 'the extent provided under Section 58.1- 3955.2. 2. Severability If any part, section, clause or phrase of this ordinance, or any individual assessment levied hereby, is declared to be unconstitutional or invalid for any reason, such decision shall not affect the validity of any other portion hereof or assessment hereunder. 3. Effective Date - phis ordinance shall be effective immediately. Page 3of3