HomeMy WebLinkAbout2/14/2012 - RegularRoanoke County
Board of Supervisors
Agenda
February 14, 2012
Good afternoon and welcome to our meeting for February 14, 2012. 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. Board of
Supervisors meetings can also be viewed online through Roanoke County's website at
www.RoanokeCountyVA.gov. Our meetings are 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: Pastor Lynn Riddle
Hollins Church of the Nazarene
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
1. Recognition of February as Therapeutic Recreation Month in Roanoke
County (Doug Blount, Director of Parks, Recreation and Tourism)
D. BRIEFINGS
1. Briefing on operations at the Glenvar and South County Libraries (Diana
Rosapepe, Director of Library Services)
Page 1 of 4
E. NEW BUSINESS
1. Resolution authorizing the application, acceptance and appropriation of grant
funds in the amount of $100,000 from DHS administered through the Virginia
Department of Emergency Management to the Fire and Rescue Department
to support the Regional Technical Rescue Team (Richard E. Burch, Chief of
Fire and Rescue)
2. Resolution approving the issuance of Revenue Bonds by South Peak
Community Development Authority (Paul M. Mahoney, County Attorney)
F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING
ORDINANCE - CONSENT AGENDA: Approval of these items does not indicate
support for, or judge the merits of, the requested zoning actions but satisfies
procedural requirements and schedules the Public Hearings which will be held
after recommendation by the Planning Commission
1. The petition of Robert W. Blank and Anna R. Ferro to rezone approximately
12.723 acres from R -1, Low Density Residential, District to AR,
Agricultural /Residential, District, located near the 7500 Block of Mount
Chestnut Road, Windsor Hills Magisterial District
G. FIRST READING OF ORDINANCES
1. Ordinance amending Section 30 -73 ECO Emergency Communications
Overlay District of the Roanoke County Zoning Ordinance (John Murphy,
Zoning Administrator)
H. APPOINTMENTS
1. Capital Improvement Program (CIP) Review Committee (appointed by
District)
2. Clean Valley Council
3. Roanoke County Community Leaders Environmental Action Roundtable
(RCCLEAR)
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
Page 2 of 4
1. Approval of minutes — January 10, 2012
2. Request to accept the donation of a public drainage easement on the
property of Dayna Lyn Cook located on Springlawn Avenue (Tax Map No.
86.12- 01 -41), Cave Spring Magisterial District
3. Confirmation of appointment to the Clean valley Council
4. Request to accept and appropriate grant funds in the amount of $2,500 from
the Virginia Department of Fire Programs Mini Grant initiative for the
purchase of materials to construct a May-Day Firefighter Safety Prop
5. Resolution requesting acceptance of Jennifer Court and the remaining portion
of Parker Lane into the Virginia Department of Transportation (VDOT)
Secondary System
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
N. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Michael W. Altizer
2. Joseph B. "Butch" Church
3. Eddie "Ed" Elswick
4. Charlotte A. Moore
5. Richard C. Flora
O. WORK SESSIONS
1. Work session to discuss Leisure Legacy, Inc. (Doug Blount, Director of Parks,
Recreation and Tourism)
2. Work session on a landscaping project at the intersection of Williamson Road
and Plantation Road (Megan Cronise, Principal Planner)
Page 3 of 4
3. Work session to review Roanoke County -owned vacant lots (Arnold Covey,
Director of Community Development; Billy Driver, Director of Real Estate)
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4. Request for authorization to apply for a Department of Homeland Security
(DHS), Federal Emergency Management Agency's Grant Program for
Staffing for Adequate Fire and Emergency Response (SAFER) (Richard E.
Burch, Chief of Fire and Rescue)
CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2.3711.A.1.Personnel, namely discussion concerning appointments
to the Economic Development Authority
2. Section 2.2.3711.A.29 Discussion of the award of a public contract involving
the expenditure of public funds where discussion in open session would
adversely affect the bargaining position or negotiating strategy of the Board,
namely negotiations with the City of Roanoke
3. Section 2.2.3711.A.29 Discussion of the award of a public contract involving
the expenditure of public funds where discussion in open session would
adversely affect the bargaining position or negotiating strategy of the Board,
namely performance agreement with the Economic Development Authority
and Virginia Blue Ridge, LLC
CERTIFICATION RESOLUTION
ADJOURNMENT
Page 4 of 4
ACTION NO.
ITEM NO. C -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 14, 2012
AGENDA ITEM: Recognition of February as Therapeutic Recreation Month in
Roanoke county
SUBMITTED BY: Doug Blount
Director of Parks, Recreation and Tourism
APPROVED BY: B. Clayton Goodman III
County Administrator '
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMAnnON:
The National Therapeutic Recreation Society's (NTRS) definition of Therapeutic
Recreation states: ,- rherapeutic recreation uses treatment, education and recreation
services to help people with illnesses, disabilities and other conditions to develop and use
their leisure in ways that enhance their health, functional abilities, independence and
quality of life."
Therapeutic Recreation Services of the Roanoke Valley (TRS) provides specialized and
adapted recreation and leisure services that empower people with disabilities to gain 'the
knowledge and skills needed for the development of a leisure lifestyle that meets their
interests and needs. Therapeutic Recreation services are funded through grants, fees from
Roanoke City and general fund support from Roanoke County.
TRS is offering programs based upon interest category rather than by disability. Programs
are broken down into the following categories:
■ Cultural Arts - Arts, crafts, pottery, ceramics, painting, music and dance classes
■ Life Skills - Technology, cooking, home improvement and social classes
■ Wellness & Fitness - Yoga, Pilates, group exercise, martial arts, aquatics and health
classes
■ Outdoors & Travel - Hiking, climbing, biking, day and overnight trips
Page 1 of 2
TRS Pros ramming Statistics from FY10 -11
Core Program Areas
Age Served
#Programs Offered
# Registrations
ACE
5 -21
9
182
All Pops
16+
47
1
EXCEL
18+
28
403
Sign Language
All
4
246
TRIPS 18+
18+
18
103
TOTAL
106
2086
The American Therapeutic Recreation Association (ATRA) celebrates the month of
February as " therapeutic Recreation Month ".
STAFF RECOMMENDATION:
Staff recommends proclaiming February as Therapeutic Recreation Month in the County of
Roanoke.
Page 2 of 2
AT C-1
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DECLARING THE MONTH of FEBRUARY
AS THERAPEUTIC RECREATION MONTH IN ROANOKE COUNTY
WHEREAS, Therapeutic Recreation is the provision of Recreation Services to
persons with illness or disabling conditions; and
WHEREAS, The primary purpose of Therapeutic Recreation Services are to restore,
remediate or rehabilitate in order to improve functioning and
independence as well as reduce or eliminate the effects of illness or
disability; and
WHEREAS, Roanoke County Parks Recreation and Tourism provides Therapeutic
Recreation services to the citizens of Roanoke County and Roanoke
City; and
WHEREAS, During the 2010/2011 budget year provided Therapeutic Services to
over 350 individuals through over 2000 program registrants; and
WHERAS, The American Therapeutic Recreation Association (ATRA) celebrates
the month of February as "Therapeutic Recreation Month "; and
WHERAS, These services are provided by dedicated certified professionals.
IOW, THEREFORE, be it resolved that the month of February is declared
Therapeutic Recreation Month for 2012 in the County of Roanoke.
Presented this 14th day of February, 2012
,--� 1. "D C. R
Richard C. Flora, Chairman
Michael W. Altizer, Vic - Chairman
.
'0'&k NO
Joseph B. "Butch" Church
Eddie "Ed" Elswick
ao-J4�ea a M"P-�
Charlotte A. Moore
ACTION NO.
ITEM NO. D -1
AT A REGULAR NIEEI "ING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 14, 2012
AGENDA ITEM: Briefing on operations at the Glenvar and South County
Libraries
SUBMITTED BY: Diana L. Rosapepe
Director of Library Services
APPROVED BY: B. Clayton Goodman III
County Administratorl?S-
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Two County libraries have been in transition since last fall: the Glenvar Branch moved to
temporary quarters in September 2011 and the Library system's headquarters operations
were transferred to the South County Library, which formally opened in January 2012. Both
facilities have experienced significant changes but have still maintained a high level of
customer service.
The old Glenvar Library closed in late August 2011, after a public ceremony marking the
end of the building's thirty -three (33) years of service. The County had been fortunate to
find an alternative site to occupy during the construction of the new library. There were
concerns that patrons might have difficulty finding the new location or that its small size
might inhibit use but neither has been a problem; people followed the library and within
weeks had resumed using it at a rate only slightly lower than at the old location. For the
first six (6) months of the fiscal year, the number of items checked out dropped by only
fourteen percent (14 %), despite most of the collection being in storage. During the same
period, the number of visitors declined by eighteen (18 %.)
The staff has maintained most services, including a regular schedule of outreach visits to
the senior retirement community in west County. Story time and other children's programs
have continued, even though the room used to hold them is tiny. Staff has compensated by
having more sessions with fewer children at a time or by borrowing space at the Fort Lewis
Page 1 of 2
Fire Station, whose assistance has been greatly appreciated.
When the Headquarters/419 Library closed its doors on December 18, 2011, it marked the
end of service for one of the busiest libraries in western Virginia. Any questions about
whether citizens would be equally committed to using the new South County Library were
dispelled two weeks later on opening day, January 3, 2012, when nearly 3,000 people
came through the doors. The substantial increase that followed in the first two weeks was
fueled somewhat by media attention and by curiosity about the new building; daily visitor
counts have since settled at approximately 1,480 per day. At the end of the first month of
operations, the total reached 41,240, which is fifty -six percent (56 %) higher than at HQ/419
the previous year.
Circulation of materials at any new library may typically improve by 20% but according to
preliminary service reports, the number of items borrowed from South County in January
actually went up by nearly twice that much, from 48,420 at HQ/419 in 2011 vs. South
County's 87,124 ( +39 %). In that time, staff also issued 833 library cards to new patrons.
All parts of the library have been in steady use since and those who visit stay for longer
periods. More patrons seem to settle in at computers, read quietly, work with the staff on
research questions, or browse through the stacks. Patron comments about South County
have been almost uniformly positive and often enthusiastic. They have been especially
complimentary about the overall design, the amount of space, the number of computers,
the improved lighting, the colorful areas for children and teens, and the parking availability.
Some have, however, expressed concerns about different issues, such as lower shelving
on the display units or about other people's driving habits in the roundabout. Staff will be
working to address the shelving issue.
A comparison of the meeting spaces at the old and the new libraries is not really
informative because The Commons area in South County was specifically designed to
encourage greater community use. It includes substantially more square footage dedicated
to public gatherings, including the auditorium, meeting rooms, a conference room, and a
computer instructional lab. Pi�iblic and commercial interest in renting the various spaces
has been high; within two weeks of opening up the reservation system, staff booked 119
meetings, tours, seminars, and governmental programs for the period from February
through June. This number does not include unconfirmed inquiries or regularly -- scheduled
library programs, classes, or training.
Two other elements in The Commons appear to be functioning as planned. The Friends
Shop, operated by volunteers from the Friends of the Library, has experienced steady
sales of tote bags, pens, bookmarks, and gently used books. (All Friends revenues are
eventually used to support library programs and services.) Financial reporting was not
available at the time of this submittal but the staff of the coffee shop, which is operated by
Mill Mountain coffee & Tea, indicate that business has met expectations and that they are
very pleased with the public's response, as well as the level of daily traffic in the building.
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:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
February 14, 2012
Resolution authorizing the application, acceptance and
appropriation of grant funds in the amount of $100,000 from
DHS administered through the Virginia Department of
Emergency Management to the Fire and Rescue Department
to support the Regional Technical Rescue Team
Richard E. Burch
Chief of Fire and Rescue
B. Clayton Goodman III
County Administrator KJY
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMA'rION:
Roanoke County Fire and Rescue, Roanoke City Fire -EMS, and the City of Salem Fire -
EMS Department participate in the State of Virginia's Heavy and Tactical Rescue Program
as the Division -6 Technical Rescue Team (TRT). The Division -6 TRT is responsible for
providing emergency response to most of Southwest Virginia and can be placed on alert
for State and National emergencies. The funding is for the purchasing of equipment and
/or to pay for training expenses to support the activities of the Regional Technical Rescue
Team.
FISCAL IMPACT:
This grant does not require a monetary match but does require staff time to coordinate with
the Roanoke City and City of Salem to expend the funds. If the grant is not accepted, the
program will not be able to purchase needed equipment to support - the team.
ALTERNATIVES:
None
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends adoption of the attached resolution and authorizing that a certified copy
accompany the grant application for the grant award. Staff also recommends the
acceptance and appropriation of $100,000 in grant funds from the Virginia Department of
Emergency Management to the Fire and Rescue Department.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OR ROANOKE
COUNTY, VIRGINIA, HELD AT THE RoANoKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 14, 2012
RESOLUTION AUTHORIZING THE APPLICATION, ACCEPTANCE
AND APPROPRIATION OF GRANT FUNDS IN THE AMOUNT OF
$'100,000 FROM THE DEPARTMENT OF HOMELAND SECURITY
(DHS), ADMINISTERED THORUGH THE VIRGINIA DEPARTMENT OF
EMERGENCY MANAGEMENT, TO THE DEPARTMENT OF FIRE AND
REESCUE TO SUPPORT THE REGIONAL TECHNICAL RESCUE
TEAM
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that
B. Clayton Goodman III, County Administrator, or his designee, is hereby authorized to
execute for and on behalf of Roanoke County, a public entity established under the laws
of the State of Virginia, this application and to file it in the appropriate State office for
the purpose of obtaining certain Federal financial assistance under the National
Preparedness Directorate, United States Department of Homeland Security (DHS),
administered by the Commonwealth of Virginia.
THAT, Roanoke county, a public entity established under the laws of the
Commonwealth of Virginia, hereby authorizes it agent to provide to the Commonwealth
and to the DHS for all matters pertaining to such Federal financial assistance and and
all information pertaining to these Grants as may be requested.
FURTHER, the Board of Supervisors of Roanoke County authorizes the
acceptance of said grant monies in the amount of $100,000 and authorizes the
appropriation of said monies for the purposes authorized in the grant application.
Page 1 of 1
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:
February 14, 2012
Resolution approving the issuance of revenue bonds by the
South Peak Community Development Authority
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This resolution consents and approves the issuance of seven million dollars ($7 million) of
bonds for the development of infrastructure improvements by the South Peak Community
Development Authority (CDA).
The resolution of the Board of Supervisors consisting to the issuance of these bonds is
also subject to a condition that at least two thirds (2 /3rds) of the bonds shall be sold to
investors that are not an owner, affiliate, or subsidiary of the landowner.
On Wednesday, February 8, 2012, the CDA met and approved the issuance of these
revenue bonds in an amount not to exceed seven million dollars ($7 million) and with an
interest rate not to exceed eight percent (8%). A copy of the C DA's resolution is attached
to this report. The CDA's resolution is subject to approval of the final terms and details of
these bonds by a subsequent resolution.
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 OR ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINiSTRATiON
CENTER ON TUESDAY, FEBRUARY 14, 2012
RESOLUTION OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, APPROVING THE ISSUANCE OF REVENUE
BONDS BY SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY
WHEREAS, the Board of Supervisors of Roanoke county, Virginia (the
"County "), has previously formed the South Peak Community Development Authority
(the "Authority ") for the purpose of assisting in the development of certain infrastructure
improvements (the "Improvements ") described in Exhibit B to the Memorandum of
Understanding dated as of February 1, 2011 (the "Memorandum of Understanding "),
between - the County and Slate Hill I LLC (the "Landowner " ); and
WHEREAS, pursuant to the MemorandLlm of Understanding, subject to the prior
approval of the Board of Supervisors of the county (the "Board of Supervisors "), the
Authority may issue its revenue bonds in one or more series in an aggregate principal
amount not to exceed $15,000,000 (the "Bonds ") to finance the costs of the
Improvements; and
WHEREAS, a copy of the Authority resolution adopted on [February 8], 2012 (the
"Authority Resolution "), authorizing the issuance of - the Bonds in an initial series not to
exceed $7,000,000 (the "Series 2012 Bonds "), has been filed with the Board of
Supervisors and a copy of such resolution has been attached hereto as Exhibit A .
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA:
1. The Board of Supervisors hereby consents to and approves the issuance
of the Series 2012 Bonds by the Authority for the development of the Improvements,
subject to the limitations set forth in the Authority Resolution, and provided that at least
two- thirds (213) of the aggregate amount of Bonds shall be sold to investors that are not
an owner, affiliate or subsidiary of the Landowner.
2. The approval of the issuance of the Series 2012 Bonds does not
constitute an endorsement of the Series 2012 Bonds. The Series 2012 Bonds shall be
payable solely from revenues received by the Authority. The Series 2012 Bonds shall
not be deemed to constitute a debt, liability, or obligation of the county and shall not
impact upon the debt capacity of the County.
3. All acts and doings of the officers and members of the Board of
Supervisors that are in conformity with the purposes and intent of this resolution shall
be, and the same hereby are, in all respects approved and confirmed.
4. This resolution shall take effect immediately upon its adoption.
Page 1 of 3
Exhibit A
AUTHORITY RESOLUTION
[Attached copy of Authority's bond resolution adopted February 8, 2012]
Page 2 of 3
CERTIFICATE
The undersigned Clerk of the Board of Supervisors of Roanoke County, Virginia,
hereby certifies that the foregoing is a true, correct and complete copy of a resolution
adopted by a majority of the members of the Board of Supervisors present and voting at
a meeting duly called and held on , 2012, in accordance with law, and
that such resolution has not been repealed, revoked, rescinded or amended, and is in
full force and effect on the date hereof.
WITNESS the following signature this day of ) 2012.
Clerk, Board of Supervisors
Roanoke County, Virginia
Page 3 of 3
RESOLUTION OF THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY
APPROVING THE ISSUANCE OF REVENUE BONDS AND APPROVING THE
FORMS OF CERTAIN DOCUMENTS
WHEREAS, the South Peak Community Development Authority (the "Authority ") has
been formed by the Board of Supervisors of Roanoke County, Virginia (the "County"), for the
purpose of assisting in the development of certain infrastructure improvements (the
"Improvements ") described in Exhibit B to the Memorandum of Understanding dated as of
February 1, 2011 (the "Memorandum of Understanding "), between the County and Slate Hill I
LLC (the "Landowner "); and
WHEREAS, pursuant to the Memorandum of Understanding and with the consent of the
Board of Supervisors of the County, the Authority may issue its revenue bonds under an
indenture of trust in one or more series in an aggregate principal amount not to exceed
$16,000,000 (the "Bonds ") to finance the costs of the Improvements; and
WHEREAS, the Authority proposes to issue Bonds in an initial series not to exceed
$7,000,000 (the "Series 2012 Bonds "), to finance a portion of the Improvements; and
WHEREAS, the Series 2012 Bonds are to be sold to one or more investors (the
"Purchasers ") on such terms as the Authority and the Purchasers shall hereafter agree, subject to
the terms of this Resolution; and
WHEREAS, there have been presented to the Authority drafts of the following
instruments (the "Financing Documents "), which the Authority proposes to execute or approve
to carry out the issuance and sale of the Series 2012 Bonds to finance the Improvements:
(a) Indenture of Trust (the "Indenture ") between the Authority and a trustee to be
approved by the Chairman of the Authority (the "Trustee "); and
(b) Special Assessment Agreement and Declaration of Notice of Special Assessment
between the Authority, the Trustee, the Landowner and the County.
BE IT RESOLVED BY THE SOUTH PEAK COMMUNITY DEVELOPMENT
AUTHORITY:
1. The Authority hereby approves the issuance of the Series 2012 Bonds and the sale
of the Series 2012 Bonds to the Purchasers, subject to the terms and conditions set forth in this
Resolution. Subject to the provisions of Section 2, the Series 2012 Bonds shall have such
principal amounts and maturities, bear such date or dates, bear interest at such rate or rates, be
payable at such time or times and be sold in such manner and on such terms as shall be approved
by the Chairman or the Vice Chairman of the Authority (the "Authorized Officers ").
2. The Authorized Officers, either of whom may act, are authorized and directed to
approve the final principal amounts, maturities, redemption provisions and interest rates of the
Series 2012 Bonds, and the price at which the Purchasers shall purchase the Series 2012 Bonds;
provided, however, that (a) the aggregate principal amount of the Series 2012 Bonds shall not
exceed $7,000,000; (b) no Series 2012 Bond shall mature beyond December 31, 2032; (c) the
136894566.1
true interest cost of any Series 2012 Bonds shall not exceed 8.00%; and (d) the redemption
premium, if any, payable in connection with the optional redemption of the Series 2012 Bonds
shall not exceed 2.0% of the principal amount of the Series 2012 Bonds to be redeemed.
3. The Authorized Officers, either of whom may act, are authorized to execute and
deliver the Financing Documents. The forms of those Financing Documents presented to the
Authority are hereby approved with such completions, omissions, insertions and changes as an
Authorized Officer may approve, whose approval shall be evidenced conclusively by the
execution and delivery thereof.
4. The Authorized Officers, either of whom may act, are authorized to execute and
deliver such agreements ( "Purchase Agreements ") as they and the Purchasers shall agree are
necessary or desirable to accomplish the Purchasers' purchase of the Series 2012 Bonds. Such
Purchase Agreements shall be in such form as the Authorized Officers, with the advice of
counsel to the CDA and the County, and the Purchasers may agree, with approval of such
Purchase Agreements evidenced conclusively by the execution and delivery thereof; provided,
however, that at least two - thirds (213) of the aggregate amount of Bonds shall be sold to
Purchasers that are not an owner, affiliate, or subsidiary of the Landowner and provided further
that each Purchaser shall execute and deliver an investor letter in form and substance satisfactory
to the Authorized Officers.
5. The Authorized Officers, either of whom may act, are hereby authorized and
directed to execute the Series 2012 Bonds by manual or facsimile signature, and the Secretary
and the Assistant Secretary of the Authority, either of whom may act, are authorized and directed
to have the seal of the Authority affixed or printed thereon and to attest such seal by manual or
facsimile signature. The officers of the Authority are authorized and directed to deliver the
Series 2012 Bonds to the Trustee for authentication and to cause the Series 2012 Bonds so
executed and authenticated to be delivered to or for the account of the Purchasers upon terms
provided in the Purchase Agreements.
6. The Authorized Officers and such other officers of the Authority as the Authority
or the Authorized Officers may request are hereby authorized and directed to execute, deliver
and record, as necessary, all other agreements, contracts, documents, certificates and instruments
on behalf of the Authority and to take all such further action as any of them may deem necessary
or desirable in connection with (a) the development of the Improvements and (b) the issuance
and sale of the Series 2012 Bonds, including without limitation the execution and delivery of a
certificate setting forth the expected use and investment of proceeds of the Series 2012 Bonds to
show that such expected use and investment will not violate the provisions of Section 148 of the
Internal Revenue Code of 1986, as amended, and the regulations thereunder, applicable to
"arbitrage bonds," making any elections that such officers deem desirable regarding any
provision requiring rebate to the United States of arbitrage profits earned on the investment of
proceeds of the Series 2012 Bonds, and providing for payment of any such rebate amount.
7. Any authorization made hereby to the officers of the Authority to execute
documents shall include authorization to the Secretary or Assistant Secretary to affix the seal of
the Authority to such document and attest such seal and authorization to any officer to provide
for the recording of such document where appropriate and deliver it to the other parties thereto.
-2-
S. All other acts of the officers of the Authority that are in conformity with the
purposes and intent of this resolution and in furtherance of the issuance and sale of the Series
2012 Bonds are hereby authorized, ratified and approved.
9. This resolution shall take effect immediately upon its adoption, provided,
however, that the Authority's approval of the Series 2012 Bonds shall be subject to its receipt of
the consent to such issuance by the Board of Supervisors of the County.
-3-
CERTIFICATE
The undersigned Secretary of South Peak Community Development Authority (tile
"ALithority ") hereby certifies that the foregoing is a true, correct end complete copy of a
resolution adopted by a majority of the Directors of the Authority present and voting at a meeting
duly called and held on F rte - U <i , 2012, in accordance with law, and that such
resolution has not been repealed, rew red, rescinded or amended, and is in full force and effect
on the date hereof
WITNESS the following signattire this `r day of Fab( r 2012,
z 4a/r\'U-' 2 • x c2e
Secretary of South Peakkommunity DeVCIOj)211C11t
Authority
V1699 1847.1
ACTION NO.
ITEM NO. F -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE February 14, 2012
AGENDA ITEM Requests for public hearing and first reading for rezoning
ordinances; consent agenda
SUBMIT'rED BY : Philip Thompson
Deputy Director of Planning
APPROVED BY : B. Clayton Goodman Ill
County Administrator'
COUNTY ADMINISTRATOR'S COMMENTS
BACKGROUND
The first reading on this ordinance is accomplished by adoption of this ordinance in the
manner of consent agenda items. The adoption of this item does not imply approval of the
substantive content of the requested zoning actions; rather, approval satisfies the
procedural requirements of the County Charter and schedules the required public hearing
and second reading of this ordinance. The second reading and public hearing on this
ordinance is scheduled for February 28.- 2012
The title of this ordinance is as follows:
1. The petition of Robert W. Blank and Anna R. Ferro to rezone approximately
12.723 acres from R -1, Low Density Residential, District to AR,
Agricultural /Residential, District, located near the 7500 Block of Mount Chestnut
Road, Windsor Hills Magisterial District.
Maps are attached. More detailed information is available in the Clerk's Office.
Page 1 of 2
STAFF RECOMMENDATION
Staff recommends as follows:
1. That the Board approve and adapt the first reading of this rezoning ordinance for the
purpose of scheduling the second reading and public hearing for February 28, 2012
2. That this section of the agenda be, and hereby is, approved and concurred in as to
each item separately set forth as Item 1, and that the Clerk is authorized and directed
where required by law to set forth upon any of said items the separate vote tabulation
for any such item pursuant to this action.
Page 2 of 2
f
1 8 05
Count of Roanoke For Staff Use On
Communit Development Dam r=ived: Rewived - Y:
Plannin & Zonin ut /eD q )�PAC
5204 Bernard Drive
P 0 Box 29800
Roanoke,, VA 24018-0798
(540 772-2068 FAX (540 776-7155
ALLAPPLIC4NTS
Application fee:
a /7�ia
Placards imuW. SOS date:
a ja��ia.
Case Nmber
Check t of application fil (check all that apply)
C5KRe2onin 11 Special Use 0 Variance 13 Waiver 0 Administrative Appeal El Comp PIRO (152-2232 Rmiew
Applicants name/address whip
Robert W. Blank/Anna R. Ferro
7623 Amber Court
Roanoke, VA 24018
Owner's name/address whip
Robert W. Blank/Anna R. Ferro
7623 Amber Court
Roanoke, VA 24018
Propert Location
0 Mt. Chestnut Road
Tax IV[ap No.:
Phone:
540-772-1595
Work:
NA
Cel I #:
&40-MZ-969-8-
Fax No.:
540-772-1595 after 6_
Phone #:
540-772-1595
Work:
NA
Fax No. #:
54047-72-1525 after 6 rinds
Ma District: Windsor Hills
Community Planning arc=
Route 221, Map 1.1
085.04-01-11.00-0000 Existin Zonin R-1 Low Densit Residential
E
Size of parcel(s).- Acres: 12-723 None, other than g rass cuffin tree
Existm* Land Use
branch dis msal, g eneral maintenance
REZONINGi S1°ECL4L USE PERWTp WAIVER AND COMP PLAN (15-2-2232) REVIEW APPLIC4NTS (I
PrO Zonin AR Agricultural/Resident District
Erect buildin for secure stora of tractor/aftachments, trailer,
Propo:3ed Land Use: & associated equipment for property maintenance. No other change.
Does the parcel meet the minimum lot area, width, and fronta re of the re district?
Yes X No IF N09 A VARIANCE IS REQUIRED FIRST.
Does the parcel meet the minimum criteria for the re Usr, l yes X No
IF N0,9 A VARIANCE IS REQUIRED FIRST
If rezonin re are conditions bein proffered with this re Yes No X
VARL41VCE
,* WAIVER A" ADMINISTRA77VE A PPEAL APPLIC"TS ( VIWIA A)
Varitwce/Waiver of Section
of the Roanoke Count Zonin Ord YW in order to�.
Appeal of Zonin Administrator's decision to
Appeal of Interpretation of Section of the Roanoke Count Zonin Ordinan
Appea I of Interpretation of Zonin Map to
Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ►CCEP
ARE MMING OR INCOMPLETE.
2011
DEPA
If ANY—OF THESE ITE
K SilwXy
V/1"
Rr,,%/W/CP V/AA
Consultation
Application X
8 1/2(1 X 11 " concept plan
Metes and bounds description
R r5k/w/Cp Vi"
Appkafion fee
N Proffers, if applicable
X Justification NA Water and sewer application
I hereby CWWY dw I am either the owner of the P ert y or the Wsa nto
_pro -
"0 7 m r
Xfl Adjoinin propert owners
P urr and am aotin with the knowled and ommt
of the owner.
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2
J1l5TIFICtt'd`IOIV FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2.2232) REVIEW
REQUESTS
Applicant
Robert W. Blank/Anna R. Ferro
The Planning Commrission will study rezoning, special use permit waiver or community plan (15.2 -2232) review requests to
deterraine the need and ,justification for the change in tefns of public health, safety, and general welfare. Please answer the
follovrng questions as thoroughly as possible. Use additional space if necessary.
.. - __....._._......_ _ _ --
Please explain how the request furthers the purposes of the Roanoke County ordinance as well as the purpose found at the
begirming of the applicable zoning district classification in the Zoning Ordinance,
This request is primarily consistent with the purpose of preserving agricultural and forestal lands.
Presently, the property is comprised of fields and forested areas with no structures. Maintenance of
the property involves grass cutting, tree managment, and fence mending. The request involves erect-
ing a structure to store the tractor /implements, trailer, and associated equipment used- for property
maintenance. The equipment will thus be readily available on -site and will negate the need for trans -
port to and from the site when the frequent maintenance activities are conducted. The structure should
also improve safety in that the equipment will be securely stored out of harm's way. (On occasion, neigh-
boring children have meddled with fencing and the parked trailer, and have also ridden trail bikes on the
site without permission). Safety will also be enhanced inasmuch as the equipment will not have to trail -
Bred to and from the property using Route 221 (blind curves and dangerous intersections); Mt. Chestnut
Road (narrow and curvy); and a steep, narrow gravel road that is often corrugated and rutted.
The proposed structure is an attractive 16'X 22' X 11'5" high steel arch building (with end walls and
roll -up door) that will be assembled on-site. A concrete ad with footers will be required p q d for support and
anchoring. A contract team of 3 or more persons will erect the structure. Services (such
as power, sewer, or water) will not be required.
Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community
Plan.
The proposed project is consistent with the guidelines and policies of the Roanoke County Community Plan
and, specifically, those pertaining to the Windsor Hills planning area. The rural nature will be preserved and
even enhanced via the proposed AR zoning designation. The proposed equipment storage structure is
relatively small and will be sited in a wooded fringe. Thus, it will be largely inconspicuous to those residing on
neighboring properties. The building will be erected on one of the few level areas of the property and will
require no excavation other than that for the footers. The project will not entail the removal of any trees, and
it will not affect any streams or have any other adverse effects on the environment. Rather, the existing
scenic beauty will be preserved, or perhaps even enhanced by the facilitation of the property maintenance
afforded by storage of required equipment on -site.
In summary, the project is consistent with both the Conservation and Rural Preserve and Rural Village land
use designations. The scenic splendor of this property and the surrounding areas will be preserved. The
forested areas and associated willdlife habitats are not affected. Field maintenance, including grass cutting,
downed tree removal, etc. will be unaffected or even improved.
Pleas: describe the impact(s) of the request on the proper itself, the 4oining properties, and the surrounding area., as well as
the innpects on public services and facilities, including water /sewer, roads, schools, parWreemation and fire and rescue.
No negative impacts to the property itself, the adjoining properties, or the surrounding areas are foreseen as a
result of this request. The proposed building will be largely inconspicuous where sited, and it will serve as an
accessory for the storage of equipment used for maintaining the property. This translates into benefits, including
reduced fuel consumption; less traffic congestion with less wear and tear (and less dust) on the unpaved road
also used by the neighbors to access their properties; and improved maintenance of the subject property via
ready access to equipment.
To be noted is that an adjoining property (tax #35.04- 01 -12) benefitted from a zoning designation change from R-4
to ARC. This property contains a residence, as small barn, and several sheds. Also, several nearby properties,
(tax #85.04 -01-15.05, tax #85.04 -01- 18.00) have zone designation AR. Thus, the requested zone designation
change has ample precedent.
The request will not impact public services and facilities in any way. No water or sewer connections are required.
CONCEPT PLAN CHECIG ST
A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the
land use change, development or variance that is to be considered. Fuarther, the plan shall address any potential land use or
design issues arising from the request. In such cases involving rezonings, the applicant may proffet conditions to limit the future
use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting
regulations.
The a)ncept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit.
Site plan and building permit procedures ensure compliance with State and County development regulations and may require
changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special
use ix�rmit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations.
A concept plan is required with all rmning, special use permit, waiver, community plan (15.2 review and vadance
apps !cations. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature
of the request. The County Planning Division staffmay exempt some ofthe items or suggest the addition of extra. items, but the
follovdng are considered minimum:
ALL APPLICANTS
X a. Applicant name and name of development
X b. Date, scale and north arrow
X c. Lot size in acres or square feet and dimensions
X d. Nation, names of owners and Roanoke County tax map numbers of adjoining properties
X e. Physical features such as ground cover, natural watercourses, floodplain, etc.
X f. The zoning and land use of all adjacent properties
X g. All property lines and easements
X h. All buildings, existing and '
Ilg g proposed, and dimensions, floor area and heigh
X i. Location, width& and names of all existing or platted streets or other public ways within or adjacent to the development
NA j, Dimensions and locations of all driveways, parking spaces and loading spaces
.AMt,!'onal inforr ion required for R MING and SPECIAL USE PIT APPLICAMS
NA k. Existing utilities (water, sewer, s torm drains) an connections at the site
X I. Any driveways, entrances/exits, curb openings and crossovers
X m. 'Topography map in a suitable scale and contour intervals
NA n. Approximate street grades and site distances at intersections
NA o. Locations of all adjacent fire hydrants
NA p. Any proffered conditions at the site and how they are addressed
NA q. If project is to be phased, please show phase schedule
I certify that all items required in the checklist above are complete.
Signature of applicant n to
6
BLANK/FE-R-R-0
M
i l j
IL
1: 1� # II Flfl
1. Justification Narrative
2. Metes and Bounds
3. Blow -up of Site for Proposed Building
4. adjoining Properties and Features Map
5. Adjoining Property Details
6. Proposed Structure Details
1 I It IIII
Existing Condition
The subject 1 2.723 acre property is located off of Mt. Chestnut Road in the Windsor Hills
planning area and has a R.-1 zone designation. It is comprised of fields and wooded areas
of approximately equal acreage. Much of the property is sloped and bounded by barb
wire and wooden fencing. The property has no structures or other infrastructure. It is
usually accessed via a steep 12' wide gravel road intersecting with Mt. Chestnut Rd.
However, an easement is provided via a paved driveway associated with an adjoining
property, tax #085.04-01-12.00-0000. However, this involves driving a truck and trailer
through a relatively narrow fence opening with limited maneuverability. Thus, this
option is usually avoided.
Presently, and for the foreseeable future, the subject property is not being utilized for any
purpose. However, it requires general upkeep and maintenance involving grass cutting,
downed tree and branch removal, and fence repair. During warn weather months, the
grass must be mowed every two to four creeks, and this involves four or five trips to and
from the property per week. A utility tractor with front loader, mower, and
chipper /shredder attachments is used for most of the property maintenance. This requires
hauling the tractor and other equipment on a trailer to the property. For safety and
security purposes, the tractor and other equipment is not presently left on the property
when not in use.
The 12 " gravel road described above is usually used to access the property. This road is
frequently compromised by rain storms and wear and tear associated with vehicles used
by the owners of two adj oining properties, tax #085.04 - 01411.01 -0000 and 085.01-11.02-
0000. During dry periods, a great deal of dust is generated by the vehicular traffic. Also,
vehicle meets on this narrow road are common.
Pro osal
The owners request that the subject property be designated as an AR zone district. This
will allow a structure to be erected to securely store equipment, and it will serve in an
accessory capacity to the primary purpose of maintaining the property. (A structure for
this purpose is presently not permitted under the existing zoning). To be noted is that a
precedent for this exists in that an adjoining property, tax #085.04-01-12.00-0000, was
recently rezoned to ARC. Also, two nearby properties on the opposite side of Mt.
Chestnut Rd., tax #085.0401 -15.05 -0000 and tax #085.04-01-18.00-0000, are zoned AR.
The benefits associated with a small building on the property include:
Facilitation of maintenance and upkeep of the property by having equipment at hand
Less dust and wear /tear associated with traffic on the gravel access road
An elevated "presence" that could discourage some would -be trespassers, including
trail bikers
Enhanced safety associated with less loading/off-loading of equipment for transport to
and from the property
Enhanced safety for those who may be tempted to tamper with unsecured equipment
that may be left on site
Lower fuel consumption/enlissions associated with less transport of equipment
The proposed structure is a steel arch building having a 16' x 22' footprint. The height
of the structure will be 11 ' 5 ". It will have a roll -up door, 7' x 10', but no windows or
other access. The structure will be anchored to and mounted on suitable footers, and a
concrete pad will comprise the floor. The building will be secured to discourage would-
be intruders. No electricity, water, or sewage infrastructure will be required since the
structure will be utilized strictly for storage of needed equipment and supplies. The
structure will be sited approximately 80' from the nearest adjoining property, tax
##085.04 -01 -09.00 -0000, and approximately 60' from the gravel road. The topography
and surrounding foliage will render the building largely inconspicuous to neighbors.
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Roanok Coun VA - Tue Nov 22 2011
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BLANK /FERRO REZONING REQUEST - 085.04 -01 -11.00 -0000
PARCEL ID
ON NER NAME
ADDRESS
ZONING
085.04 -01 -12.00 -0000
Lankford, Joe R..;
7604 Mt. Chestnut Rd.
ARC
Lankford, Melissa S.
Roanoke, VA 24018
mT ,ciie&TwuT Rn
085.04 -01 -10.00 -0000
Loge, Gars D.;
7562 Mt. Chestnut Rd.
R -1
7iii1 UTCHEST11iJT RE!
Lowe, June H.
Roanoke, VA 24018
085.44 - 09.00 - 0000
Hage, Robert;
7508 Mt. Chestnut Rd.
R-1
Rage, Marianne L.
Roanoke, VA 24018
085.04 -01- 08.00 -0000
P Kay
7504 Mt. Chestnut Rd.
R-1
Henderson
Roanok VA 24018
085.04 -01- 017.+01 -0000
Hamilton Living Trust;
7484 Mt. Chestnut Rd.
R 1
Hamilton, [nary
Roanoke, VA 24018
085.04 -02. 21.00- 0000
Cloetner, Edna
6591 Henry Farms Rd.
R -1
Elizabeth
Roanoke, VA 24018
085.04 -01- 11.01 -0000
Underwood, Brian S.,
7570 Mt. Chestnut Rd.
R -1
Underwood, Christy
Roanoke, VA 24118
+085.04 -+01- 11.02 -0000
Sfimvn.s, Sterling L.,
7580 Mt. Chestnut Rd.
R. -1
Simmon Janice M.
R VA 24018
095.02 -01- 06.00 -0000
Bebber, Gail H.
6788 Parkway Dr.
R- I
Roanoke, VA 2401
095.02 -01- 05.00 -0000
Goff, Andrew;
6780 Parkway Dr.
R -1
CO, Debra F.
Roanoke, VA 24018
095.012 -01- +02.13 -0000
Wingfield, Kenneth M.
7618 Mt. Chestnut Rd.
R -1
Roanoke, Va 24018
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Roanoke County
Department of
Community Development
Applicants Name: Robert W Blank
N Existing Zoning: R 1
Proposed Zoning: R1
Tax Map Number: 085.04 -01- 11.00 -0000
Magisterial District: Windsor Hills Area:
12.723 Acres
6 December, 2011 Scale: 1 " = 300'
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VIM
•
Applicants . Robert Bl
Roa noke
Department of Proposed Zonin R I
Tax Map Number: 085.04-01-11.00-0000
Communit Development Ma District: Windsor Hills Area: 12.723 Acres
6 December, 2011 Scale: 1 300'
Roanoke County
Department of
Community Development
Applicants Name: Robert W Blank
N Existing Zoning: R 1
Proposed Zoning: R1
Tax Map Number: 085.04 -01- 11.00 -0000
Magisterial District: Windsor Hills Area:
12.723 Acres
6 December, 2011 Scale: 1 " = 300'
ACTION NO.
ITEM O -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE February 14, 2012
AGENDA ITEM Ordinance amending Section 30 -73 ECO Emergency
Communications Overlay District of the Roanoke County
Zoning Ordinance
SUBMITTED BY : John Murphy
Zoning Administrator
APPROVED BY : B. Clayton Goodman III
County Administrator 011 -
COUNTY ADMINISTRATOR'S COMMENTS
SUMMARY OF INFORMATION
In the summer of 2010, the Planning Commission identified several projects on their
work plan including a review of several sections of the zoning ordinance. Zoning
Ordinance Section 30 -73, the Emergency Communication Overlay District (ECO), was
one of the projects. This review consisted of the Zoning Ordinance text and Emergency
Communication Overlay District Zoning Map.
In order to evaluate the emergency communications system, the zoning staff, OIS staff
and CommlT staff have reviewed the network upgrades and expansions since the
original Emergency Communications Overlay District was developed in 1002. The
proposed zoning ordinance text and map was developed with thorough involvement by
CommlT to insure all necessary components of the emergency communication system
are protected.
The proposed text and zoning map amendments re i all of the new broadcast tower
and co- location antenna sites and new communication technologies in the emergency
communication system currently in operation. The proposed text includes new
language for the paging and line -of- -sight components that were not in place with the
Page 1 of 2
original Emergency communication Overlay District, as well as the 100 -foot protective
buffers, a revised permit review process and a revised appeal process.
Several work sessions were held with the Planning commission, the most recent on
December 5, 2011 to review - the proposed zoning ordinance text and Emergency
Communication Overlay District Zoning Map.
The Planning commission held a public hearing on the draft amendments to the
Emergency Communications Overlay District on February 7, 2012. No citizens spoke
at the public hearing. The Planning commission recommended approval by a Vote of 5-
0 of the draft zoning ordinance amendments. Staff will review with the Board the
proposed amendments. The second reading and public hearing on these amendments
is scheduled for February 28, 2012.
FISCAL IMPACT
None
ALTERNATIVES
1. Approve the first reading of an ordinance to amend Sec. 30 -73 ECO Emergency
Communications Overlay District of the Roanoke county Zoning ordinance.
2. Take no action at this time.
STAFF RECOMMENDATION:
Staff recommends Alternative #1.
Page 2of2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 14, 2012
ORDINANCE AMENDING SECTION 30 -73. ECO EMERGENCY
COMMUNICATIONS OVERLAY DISTRICT OF THE ROANOKE
COUNTY ZONING ORDINANCE
WHEREAS, emergency communications are critical to the public health, safety
and welfare of the citizens of Roanoke County; and
WHEREAS, imposing limitations on the erection of structures or objects of
natural growth which may interfere with emergency communications is a valid public
purpose; and
WHEREAS, public necessity, convenience, general welfare and good zoning
practice requires the adoption of these amendments to the Roanoke County Zoning
Ordinance; and
WHEREAS, the first reading of this ordinance was held on February 14, 2012;
and the second reading and public hearing was held on February 28, 2012.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the Roanoke County Zoning Ordinance be amended to read and
provide as follows:
SEC. 30 -73. - ECO EMERGENCY COMMUNICATIONS OVERLAY DISTRICT
Sec. 30 -73 -1. - Purpose.
(A) This overlay district is established for the general purpose of protecting the health,
safety, and general welfare of the public by restricting the height of certain structures
and objects of natural growth which lie within established fire, police and emergency
services communication corridors. Such structures and objects can interfere with routine
and emergency communications which are necessary to protect against the loss of life,
health, or property.
Page 1 of 3
Sec. 30 -73 -2. - Creation of Overlay.
(A) The requirements of this section shall be considered an overlay to the underlying
zoning district designations as shown on the Official Zoning Map. As overlay
regulations, this section shall be supplemental to the underlying zoning district
provisions.
Sec. 30 -73 -3. - Emergency Communication Zones.
(A) Emergency communication zones are hereby established. These zones shall
include all of the land lying beneath and within one hundred (100) feet to either side of
the transmission paths of emergency communications from a microwave transmission
system, and shall also include all of the land lying beneath and within 100 -foot buffer
around the paging sites and a buffer of varying widths for the line of sight systems.
These emergency communication zones are shown on a map entitled "Roanoke County
Emergency Communications Zoning Map," r.ror.ared , inner the rl +inn of +
+ri in +i iro �or�iino-Q nffinor fnr +ho ir, fnrmA +inr �r,nincl" dated February 28, 2012.
1 1 This map shall be kept as a supplement to the official zoning map.
(Ord. No. 042208 -16, § 1, 4- 22 -08)
Sec. 30 -73 -4. - Height and Use Limitations.
(A) No structure shall be erected, altered, or maintained, and no tree shall be allowed
to grow to a height which could obstruct the transmission of emergency
communications.
(B) No use may be made of any property which would create interference with the
transmission of emergency communications.
Sec. 30 -73 -5. - Permits.
(A) Any application for a building permit for construction on any property located within
an emergency communication zone shall be evaluated by the Zoning Administrator and
referred to the CommlT Department as needed. i nf� T + r, ,n+, ire Gor,i nffinor of +
ir itzahnninnu citzmArim .�T
(B) The applicant shall satisfy the CommlT Department i r,f� +r. ,n+, ,r sel V nffinor
that the proposed structure will comply with the height and use limitations of this
section.
(Ord. No. 042799 -11, § 2, 4- 27 -99; Ord. No. 042208 -16, § 1 4- 22 -08)
Sec. 30 -73 -6. - Appeals.
(A) Any decision of the CommlT Department R ,f� i t. r. a w. ,r sor"inow nffinor with regards
to the requirements of this section shall be considered a decision of the administrator,
and may be appealed to the board of zoning appeals pursuant to the provisions of this
ordinance.
Page 2 of 3
(Ord. No. 042799 -11, § 2, 4- 27 -99; Ord. No. 042208 -16, § 1 4- 22 -08)
2. That this ordinance is in full force and effect from and after its adoption.
Page 3of3
ACTION NO.
ITEM NO. H.1 -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 14, 2012
AGENDA ITEM: Appointments to Committees, Commissions and Boards
SUBMITTED BY: Deborah C. Jacks
Clerk to the Board
APPROVED BY: B. Clayton Goodman I I I
County Administrator'9-
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
Charlotte Moore has recommended the appointment of Debbie Melnick to fill the
expired term of the Board Liaison. This two -year term will expire on June 30, 2013.
Confirmation of this appointment has been added to the Consent Agenda.
3. Roanoke County Community Leaders Environmental Action Roundtable
(RCCLEAR)
Bryan Pittenger, who represents the Hollins Magisterial District has resigned. His term
of office was due to expire on August 31, 2012.
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, FEBRUARY 14, 2012
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 February 14,
2012, 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 — January 10, 2012
2. Request to accept the donation of a public drainage easement on the property of
Dayna Lyn Cook located on Springlawn Avenue (Tax Map No. 86.12- 01 -41),
Cave Spring Magisterial District
3. Confirmation of appointment to the Clean Valley Council
4. Request to accept and appropriate grant funds in the amount of $2,500 from the
Virginia Department of Fire Programs Mini Grant initiative for the purchase of
materials to construct a May-Day Firefighter Safety Prop
5. Resolution requesting acceptance of Jennifer Court and the remaining portion of
Parker Lane into the Virginia Department of Transportation (VDOT) Secondary
System
Page 1 of 1
ACTION NO.
rrEM NO. I-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:
SUBMITOrED BY:
APPROVED BY:
February 14, 2012
Request to accept the donation of a public drainage easement
on the property of Dayna Lyn Cook located on Springlawn
Avenue (Tax Map No. 86.12- 01 -41), Cave Spring Magisterial
District
Paul M. Mahoney
County Attorney
B. Clayton Goodman III
County Administrator �
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
~this consent agenda item involves acceptance of a public drainage easement being
conveyed to the Board of Supervisors of Roanoke County in the Cave Spring Magisterial
District of the County of Roanoke:
a) Donation by Dayna Lyn Cook (Tax Map No. 80.12- 01 -41) of a New Variable
Width Public Drainage Easement to construct, install, improve, operate, inspect, use,
maintain, remove, monitor, repair or replace present of future drainage courses, ditches,
lines, pipes facilities, and other necessary or related structures, appurtenances and
improvements for management, collection, transmission and distribution of any form of
drainage, including, but not limited to stormwater drainage, together with the right of
ingress and egress thereto from a public road, upon, over, under, and across a tract or
parcel of land belonging to the Grantor, (the "Easement ") as being shown and designated
as "New Variable Width Public Drainage Easement" upon the plat prepared by Parker
Design Group, PC, dated 15 November 2011 (the "Plat "). The location of the Easement is
more particularly described on the Plat which is attached hereto as " Exhibit A " and by
reference incorporated herein.
The location and dimensions of this easement has been reviewed and approved by the
County's engineering staff.
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends acceptance of this easement and that the County Administrator, or any
Assistant County Administrator, be 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.
Page 2 of 2
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ACTION NO.
ITEM NO. 1 -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
February 14, 2012
AGENDA ITEM:
Confirmation of appointment to the Clean Valley Council
SUBMIT`rED BY:
Deborah C. Jacks
Clerk to the Board
APPROVED BY:
B. Clayton Goodman III
County Administrator �
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Clean Valley Council
Charlotte Moore has recommended the appointment of Debbie Melnick to fill the
expired term of the Board Liaison. This two -year term will expire on June 30, 2013.
Confirmation has been placed on the Consent Agenda.
Page 1 of 1
ACTION NO.
ITEM NO. 1 -4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMIT'I•ED BY:
APPROVED BY:
February 14, 2012
Request to accept and appropriate grant funds in the amount
of $2,500 from the Virginia Department of Fire Programs Mini
Grant initiative for the purchase of materials to construct a
May -Day Firefighter Safety Prop
Richard E. Burch
Chief of Fire and Rescue
B. Clayton Goodman III
County Administrator ��.
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY of INFORMATION:
Roanoke County Fire and Rescue Department applied and was approved fora non-
matching grant in the amount of $2,500 to purchase materials for the construction of a
May -Day Firefighter simulation prop to be housed at the Roanoke Regional Fire /EMS
Training Center. The simulation prop will be used to train firefighters in what to do during
life threatening events that could occur while fighting a fire.
FISCAL IMPACT:
This grant does not require a monetary match but does require staff time to construct - the
simulation prop which will be done in coordination with Roanoke City Fire -EMS and the City
of Salem Fire -EMS Departments.
AL'rERNATIVES:
None
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends acceptance of the Mini Grant in the amount of $2,500 from the Virginia
Department of Fire Programs for the purchasing of raw materials for May -Day Fire
simulation prop.
Page 2 of 2
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: February 14, 2012
AGENDA ITEM: Resolution requesting acceptance of Jennifer Court and the
remaining portion of Parker Lane into the Virginia Department
of Transportation (VDOT) Secondary System
SUBMITTED BY: Arnold Covey
Director of Community Development
APPROVED BY: B. Clayton Goodman III
County Administrator 9Q)a
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
F.W. Finney Construction corporation and Bobby C. Howard, the developers of "Fox
Meadows" in the Vinton Magisterial District, requests that the Board of Supervisors approve
a resolution to the Virginia Department of Transportation requesting that they accept 0.13
mile of Parker Lane from the end of State maintenance of Parker Lane (Va. Sec. Rte 1310)
to the intersection of Jennifer court, 0.04 mile of Parker Lane from the intersection of
Jennifer Court to its cul -de -sac, and 0.03 mile of Jennifer Court from the intersection with
Parker Lane to its cul -de -sac.
The staff has inspected these roads along with representatives of the Virginia Department
of Transportation and finds the road acceptable.
FISCAL IMPACT:
No county funding is required.
Page 1 of 2
STAFF RECOMMENDATION:
- rhe staff recommends that the Beard approve a resolution to VDOT requesting that they
accept Jennifer Court and - the remaining portion of Parker Lane into the Secondary Read
System.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OR ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, FEBRUARY 14, 2012
RESOLUTION REQUESTING ACCEPTANCE OF JENNIFER COURT AND
THE REMAINING PORTION OF PARKER LANE INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYs"rEM
WHEREAS, the streets described on the attached VDOT Form AM -4.3, fully
incorporated herein by reference, are shown on plats recorded in the clerk's Office of the
Circuit Court of Roanoke county, and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements, and
WHEREAS, the County and the Virginia Department of Transportation have entered
into an agreement on March 9, 1999, for comprehensive stormwater detention which
applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, code of
Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of
this resolution and all outstanding fees and documents required of the developer,
whichever occurs last in time.
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-
of -way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to
the Residency Administrator for the Virginia Department of Transportation.
Page 1 of 1
Po
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PROPOSED ADDITION SHOWN IN GRAY
ROANOKE COUNTY
DEPARTMENT OF
COMMUNITY DEVELOPMENT
Fox Meadow
Acceptance of Jennifer Court and the remaining
portion of Parker Lane into the Virginia Department
of Transportation Secondary System.
-- I f
DESCRIPTION
LENGTH
RIGHT OF WAY
ROADWAY WIDTH SERVICE
Miles
Feet
Feet Houses
Parker Lane - from End of State
Maintenance of Parker Lane (VA, Sec. Rte
0.13
40
28
2
1319) to intersection of Jennifer Court.
Parker Lane - from intersection of
0.04.
40
28
1
Jennifer Court to its cul -de -sac
Jennifer Court - from intersection of
0.03
40
28
1
Parker Lane to its cul -de -sac.
L P
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
M -1
% of General
A mount Fund Re venue
Audited balance at June 30, 2011 $ 20,072,318 10.59%
Addition of 2010 -11 operations 500
Balance at February 14, 2012 $ 20 10.67% **
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
** 2011 -12 - Goal of 11 % of General Fund Revenues
2011 -12 General Fund Revenues $192,720,943
11 % of General Fund Revenues $21
The Unappropriated Fund Balance of the County is currently maintained at 10.67 %.
The County's goal is to increase the balance over time to 11.0%
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodman III
County Administrator le)�,
M -2
COUNTY OF ROANOKE,' VIRGINIA
CAPITAL RESERVES
Minor County Ca ital Reserve
(Projects not in the CIP, architecturallengineering services, and other one -time expenditures.)
Amount
Audited balance at June 30, 2011 $2
Addition of 2010 -11 operations $1
August 23, 2011 Purchase of .454 acre of real estate adjacent to the Roanoke County (40,000.00)
Administration Center from Franklin Real Estate Company
September 13, 2011 Appropriate funds for the repair of retaining wall at Vinton Library (17,225.00)
Balance at February 14, 2012
Ma'or COUnty Capital Reserve
$3
(Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.)
Audited balance at June 30, 2011 $162,539.00
Addition of 2010 -11 operations $775,522.00
Balance at February 14, 2012
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodman III
County Administrator
$938 1 6 1.00
1T W
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
From 2011 -2012 Original Budget $199,999.99
May 24, 2011 Appropriation for Legislative Liaison (31 ,020.00)
December 13, 2011 Appropriation to remove the delapidated carport structure and install a new roof (1 0,099.99)
at 5915 Garner Road
January 24, 2011 Appropriation for assessment for Appalachian Power Company (APCo) negotiatioi (4
Balance at February 14, 2012
Submitted By Rebecca E. Owens
Director of Finance
$ 54,
Approved By B. Clayton Goodman III
County Administrator 3cc�,
ACTION NO.
ITEM NO. 0 -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 14, 2012
AGENDA ITEM: Work session to discuss Leisure Legacy, Inc.
SUBMITTED BY: Doug Blount
Director of Parks, Recreation and Tourism
APPROVED BY: B. Clayton Goodman Ill
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
One of the challenges with Parks and Recreation nationwide; not unlike any other
governmental agency or department; is the fact that budgets are shrinking on an annual
basis. Even with shrinking budgets, our citizens still have high expectations for programs,
services, special events and facilities. Roanoke County Parks, Recreation and Tourism
(PRT) experience the challenge of balancing current funding vs. wanted /requested services
by citizens on a daily basis. One strategy - that many communities are turning to in hope of
increasing recreation services, but not increasing general fund support is starting a non-
profit recreation organization.
A 501 c3 can help raise funding for programs, facilities and or events. One of the benefits of
having a 501c3 is that as a non - profit organization, you qualify for many grants that local
government does not. There are many grants available for Therapeutic Recreation,
wellness and obesity and environmental education to name a few that Roanoke County
could benefit from.
Through PRT's master planning process in 2006, one of the recommendations from the
consultant was to develop a non - profit entity to help fund recreational needs in Roanoke
County; from this recommendation was the creation of Leisure Legacy, Inc.
Leisure Legacy, Inc.'s Purpose:
The activities and projects of Leisure Legacy Inc. will support Roanoke County's
Department of Parks, Recreation and Tourism's mission of providing essential, diverse,
Page 1 of 2
and innovative leisure services that enrich the quality of life for all Roanoke County citizens
while enhancing the prosperity of our community by making Roanoke County better place
to live, work and play. The organization will also support the commitment to provide safe
and attractive facilities in support of the recreational and leisure needs of Roanoke County
citizens. This will be done not only by supporting department programs and events but also
capital improvements and land acquisition.
The organization will actively seek out local, state and federal grant opportunities,
fundraising activities, marketing opportunities, public relations opportunities, sponsorship
and donation requests and any other opportunities and or requests which will serve to
promote the goals of the organization.
During the work session, PRT staff will present the benefits of a 501c3, how Leisure
Legacy will be organized and how the Parks, Recreation and Tourism department and
Leisure Legacy will work together to enrich recreation in Roanoke County.
FI SCAL IMPACT
None
STAFF RECOMMENDA
It is the recommendation that staff complete the incorporation process for Leisure Legacy
Inc. so that fundraising activities can commence.
ATTACHMENTS
A.
Leisure Legacy Bylaws
B.
Certification of Incorporation
C.
EIN Confirmation Letter
D.
Articles of Incorporation
E.
N RPA Article January, 2012
Page 2 of 2
LEISURE LEGACY, INC. BY -LAWS
ARTICLE I
PURPOSE
Leisure Legacy, Inc. is a non -stock corporation
incorporated in the Commonwealth of Virginia to carry out the
purposes set forth in its Articles of Incorporation to promote
and assist the programs of the Roanoke County Department of
Parks, Recreation &Tourism. The corporation shall be
operated exclusively for charitable, educational and scientific
purposes as permitted under the provisions of Section 501C 3
of the Internal Revenue Code or its successor.
ARTICLE [I
BOARD OF DIRECTORS
1. The operation and management of the corporation shall be
vested in a Board of Directors who shall exercise all of the powers as
shall be in accordance with the Articles of Incorporation, these By-
Laws and the Code of the Commonwealth of Virginia.
2. Membership The number of members of the Board of
Directors shall be not less than three (3) and maybe as many as nine
(9). Directors shall be individuals who support the objectives and
programs of the Roanoke County Department of Parks, Recreation &
Tourism. Members of the Board of Directors shall be selected in
accordance with Article Seven of the Articles of Incorporation. One or
more of the members of the Board of Directors maybe employees of
the Roanoke County Department of Parks, Recreation &Tourism.
3. Quorum. A quorum for conduct of business of the Board of
Directors shall be a majority of the number of Directors then serving
on the Board of Directors.
4. Annual Meeting. An annual meeting of the Board of Directors
shall be held in July of each year at a date and time to be established
at least thirty (30) days in advance by the existing Board of Directors.
At such annual meeting, the currently serving Directors shall elect
new Directors, if appropriate, new officers shall be elected for the
ensuing year and committees and committee chairs selected.
5. Regular and Special Meetings. Regular meetings of the Board
shall be held at such time and place as the Board shall establish by
resolution. Special meetings of the Board maybe called by the
President or upon the request in writing of at least two (2) of the
Directors. Notice of the d time and place of each meeting shall be
given in writing to each Director at least three (3) business days in
advance of such meeting.
6. Executive Committee. An executive committee maybe
established by resolution of the Board of Directors with the number
of members and the powers of such Executive Committee to be set
forth in such resolution.
ARTICLE III
OFFICERS OF THE CORPORATION
1. Enumeration. The officers of the corporation shall consist of a
President., Secretary and Treasurer and such other officers as the
Board shall establish. The President shall be a Director of the
Corporation. The Secretary and Treasurer need not be Directors of
the Corporation and the same individual may hold both offices
simultaneously.
2. Election and Term The officers shall be elected at each annual
meeting of the Board. The officers shall hold office until their
successor is elected. Any officer maybe removed from office by a
two - thirds (2/3) vote of the full number of Directors at any time
either with or without cause.
3. President The President shall be the chief executive officer of the
Corporation and shall preside at all meeting of the Board. He or she
shall have the general and active management of the business of the
Corporation and shall see that all orders and resolutions of Board
are carried into effect. He or she shall give counsel and advice from
time to time as maybe deemed essential to the best interest of the
Corporation and shall perform all other duties as from time to time
maybe assigned to him or her by the Board. The President shall be an
ex- officio member of all committees with full voting power.
40 Secretary. The Secretary shall record all votes and the minutes of
all meetings and proceedings of the Board in a book or other
permanent record to be kept for that purpose. The Secretary shall
maintain a current directory of addresses, telephone numbers and
email or other electronic contact information for all Directors and
shall give or cause to be given notice of all regular meetings and,
when so directed, of special meetings of the Board of Directors.
Immediately upon the election of members of the Board of Directors,
the Secretary shall give notice in writing to each Director of their
election and their term of office and shall perform such other duties
as maybe directed by the President or prescribed by the Board of
Directors.
54 Treasurer. The Treasurer shall have 'the custody of the corporate
funds and shall keep full and accurate accounts of receipts and
disbursements in books belonging to the Corporation and shall
deposit all funds in the name and to the credit of the Foundation in
federally insured banks or other depositories as the Board may
designate or approve. Such deposits of funds shall be made subject to
draft only on the signature of the President and Treasurer of the
Corporation. The securities of the Corporation shall be deposited in
such deposit vaults or with such bank or trust company as may from
time to time be designated by the Board of Directors. All officers of
the Corporation shall be bonded for such amounts as to the Directors
shall seem prudent.
At each annual meeting of the Board of Directors, the Treasurer
shall make a report to it of the accounts of the Corporation for the last
fiscal year. Whenever required by the President, he or she shall
render regular or special statements of the Corporation's accounts. At
each regular meeting of the Directors, the Treasurer shall present
statements of account showing receipts and disbursements of the
Corporation since its last report. The books and records maintained.
by the Treasurer shall at all times be open to inspection by members
of the Board of Directors.
6. Compensation of Officers. No Officer or Director of the Corporation
shall receive compensation for services rendered. An Officer may,
subject to criteria developed by the Board, receive reimbursement for
expenses connected with such services.
ARTICLE IV
FISCAL YEAR
The fiscal year of the Corporation shall begin on the first day of
July, and end on the thirtieth day of June of the following year, unless
otherwise designated by resolution of the Board.
ARTICLE V
AUDIT
The accounts and other financial statement submitted by the
Treasurer of the Corporation, as provided above, maybe audited
annually as designated by the Board by a Certified Public Accountant
(C.P.A.) not connected with the Corporation or related by blood or
marriage to any Board member.
ARTICLE V[
AMENDMENT OF BY -LAWS
These By -Law may be amended or repealed and new By -Laws
adopted by vote of two-thirds (2/3) of the members of the Board of
Directors at any meeting of the Board, providedthat a copy of any
proposed amendment shall have been mailed to each Board members
not less than seven (7) days in advance of the meeting at which action
is taken thereon.
ARTICLE V[[
RULES OF PROCEDURE
Robert's Rules of Order, current edition, shall govern the
parliamentary procedure of the meetings of the Corporation provided
for in these By -Laws, except as modified at any such meeting by a
two - thirds (2/3) vote of the Board members voting.
ADOPTED: June 6,2011
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STATE CORPORATION COMMISSION
Rickniond, December 9, 2010
This is to ceit� that tie cei�tficate of incoipo'r of
Leisure Legacy, Incorporated
was this clay issued and admitted to r in this office and that
the said corporation is authoT�zecf to transact its business subject
to all Virginia Caws applicable to the cot oration andits business.
effective date: Decem6er 9, 2010
�AT10tj
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LU F �,
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State CoiPoration Commission
A t test:
Clerk,of tie Commissiolt
x'150313
rAIRS DEPART MENT OF THE TREASURY
INTERNAL REVENUE SERVICE
CINCINNATI OH 45999 -0023
LEISURE LEGACY INCORPORATED
WEND I S CHULT Z
1206 KESSLER MILL ROAD
SALEM, VA 24153
Date of this notice: 06 -02 -2011
Employer Identification Number:
45- 2441525
Form: SS -4
Number of this notice: CP 575 E
For assistance you may call us at:
1 -800 -829 -4933
IF YOU WRITE, ATTACH THE
STUB AT THE END OF THIS NOTICE.
WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER
Thank you for applying for an Employer Identification Number (EIN) . We assigned you
EIN 45- 2441525. This EIN will identify you, your business accounts, tax returns, and
documents, even if you have no employees. Please }peep this notice in your permanent
records.
When filing tax documents, payments, and related correspondence, it is very important
that you use your EIN and complete name and address exactly as shown above. Any variation
may cause a delay in processing, result in incorrect information in your account, or even
cause you to be assigned more than one EIN. If the information is not correct as shown
above, please mare the correction using the attached tear off stub and return it to us.
Assigning an EIN does not grant tax - exempt status to non - profit organizations.
Publication 557, Tax Exempt Status for Your organization, has details on the
application process, as well as information on returns you may need to file. To apply
for formal recognition of tax - exempt status, most organizations will need to complete
either Form 1023, Application for Recognition of Exemption Under Section 501 (c) (3) of
the Internal Revenue Code, or Form 1024, Application for Recognition of Exemption
Under Section 501(a). Submit the completed form, all applicable attachments, and the
required user fee to:
Internal Revenue Service
PO Box 12192
Covington, KY 41012 -0192
The Pension Protection Act of 2006 contains numerous changes to the tax law
provisions affecting tax - exempt organizations, including an annual electronic
notification requirement (Form 990 -N) for organizations not required to file an annual
information return ( Form 990 or Form 99 0 - EZ) . Additionally, if you are required to
file an annual information return, you may be required to file it electronically.
Please refer to the Charities & Non - Profits page at www.irs.gov for the most current
information on your filing requirements and on provisions of the Pension Protection
Act of 2006 that may affect you.
To obtain tax forms and publications, including those referenced in this notice,
visit our Web site at www.irs.gov. If you do not have access to the Internet, call
1 -800 -829 -3676 (TTY/TDD 1- 800 - 829 -4059) or visit your local IRS office.
( IRS USE ONLY) 575E
IMPORTANT REMINDERS:
06 -02 -2011 LEIS O 9999999999 SS -4
* Keep a copy of this notice in your permanent records. This notice is issued only
one time and the IRS will not be able to generate a duplicate copy for you.
* Use this EIN and your name exactly as they appear at the top of this notice on all
your federal tax forms.
* Refer to this EIN on your tax - related correspondence and documents.
* Provide future officers of your organization with a copy of this notice.
If you have questions about your EIN, you can call us at the phone number or write to
us at the address shown at the top of this notice. If you write, please tear off the stub
at the bottom of this notice and send it along with your letter. If you do not need to
write us, do not complete and return the stub. Thank you for your cooperation.
Keep this part for your records.
Return this part with any correspondence
so we may identify your account. Please
correct any errors in your name or address.
CP 575 E
9999999999
Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 06 -02 -2011
} - EMPLOYER IDENTIFICATION NUMBER: 45- 2441525
FORM: SS -4 NOBOD
CP 575 E (Rev. 7 -2007)
INTERNAL REVENUE SERVICE LEISURE LEGACY INCORPORATED
CINCINNATI OH 45999 -0023 a WENDI SCHULTZ
1206 KE S S LER MILL ROAD
SALEM, VA 24153
ARTICLES OF INCORPORATION
OF
LEISURE LEGACY, INCORPORATED
I, the undersigned, acting as incorporator of a non -stock corporation under
the provisions of Chapter 10 of Title 13.1 of the Code of Virginia, 1950, as amended,
do hereby adopt the following Articles of Incorporation for such corporation:
ARTICLE ONE
The name of the Corporation is Leisure Legacy, Incorporated.
ARTICLE TWO
The period of the Corporations duration is perpetual. Should it at any time
become necessary to dissolve the Corporation or to wind up its affairs, the assets of
the Corporation shall be distributed exclusively to an organization or organizations
of a charitable, religious, scientific, testing for public safety, literary or educational
nature which would then qualify under the provisions of Section 501 (c) (3) of the
Internal Revenue Code and its Regulations, as they now, or may hereafter, exist.
ARTICLE THREE
The Corporation is a non -stock Corporation organized and operating under
the Virginia, Non -Stock Corporation Act.
The purposes for which the Corporation is organized are the following:
1. To receive donations, gifts, bequests or other contributions to assist and aid
in the civic and public service efforts of the Department of Parks, Recreation
and Tourism of Roanoke County, Virginia;
2. To apply for, receive grants and donations from charitable foundations and
organizations and from governmental departments and agencies related to
the programs and purposes of the Department of Parks, Recreation and
Tourism of Roanoke County, Virginia;
3. To otherwise promote and assist in community, civic, scientific, educational
and charitable purposes within the meaning of Section 501 of the Internal
Revenue Code of 1954, as it now exists or may hereafter be amended, and to
that end to take and hold by bequest, devise, gift, grant, purchase, lease or
otherwise any property, real, personal, tangible or intangible, or any
undivided interest therein, without limitation as to amount or value;
4. To sell, convey or otherwise dispose of any such property and to invest,
reinvest, or deal with the principle or the income thereof in such manner as,
in the judgment of the directors, will best promote the purposes of the
Corporation without limitation, except such limitations, if any, as may be
contained in the instrument under which such property is received, this
Certificate of Incorporation, the By -laws of the Corporation, or any laws
applicable thereto;
5. To do any other any or thing incidental to or connected with the foregoing
purposes or in advancement thereof, but not for the pecuniary profit or
financial gain of its directors or officers, except as permitted under Section
501, or its regulations, of the Internal Revenue Code of 1954.
ARTICLE FOUR
1. No part of the net earning of the Corporation shall inure to the benefit of any
member, director, officer of the Corporation, or any private individual
(except that reasonable compensation may be paid for services rendered to
or for the Corporation affecting one or more of its purposes), and no
member, director, officer of the Corporation, nor any private individual shall
be entitled to share in the distribution of any of the corporate assets upon the
dissolution of the Corporation.
2. No substantial part of the activities of the Corporation shall be the carrying
on the propaganda, or otherwise attempting to influence legislation, and the
Corporation shall not participate in or intervene in (including the publication
or distribution of statements) any political campaign on behalf of any
candidate for public office.
3. The Corporation shall distribute its income for such taxable year at such time
and in such manner as not to become subject to the tax on undistributed
income imposed by Section 4942 of the Internal Revenue Code of 1954, or
the corresponding provisions of any subsequent federal tax laws.
4. The Corporation shall not engage in any act of self - dealing as defined in
Section 4941(d) of the Internal Revenue Code of 1954, or the corresponding
provisions of any subsequent federal tax laws.
5. The Corporation shall not retain any excess business holdings as defined in
Section 4943(c) of the Internal Revenue Code of 1954, or the corresponding
provisions of any subsequent federal tax laws.
6. The Corporation shall not make any investments in such manner as to
subject it to tax under Section 4944 of the Internal Revenue Code of 1954, or
the corresponding provisions of any subsequent federal tax laws.
7. The Corporation shall not make any taxable expenditures as defined in
Section 4945(d) of the Internal Revenue Code of 1954, or the corresponding
provisions of any subsequent federal tax laws.
S. Notwithstanding any other provision of this certificate, the Corporation shall
not conduct or carry on any activities not permitted to be conducted or
carried on by an organization exempt under Section 501 of the of the Internal
Revenue Code of 1954, or the corresponding provisions of any subsequent
federal tax laws or by an organization, contributions to which are deductible
under Section 170 (c) (2) of such Code or the corresponding provisions of any
subsequent federal tax laws.
0
ARTICLE FIVE
The Corporation shall not have members.
A RTIf T .F S1X
The address of the initial registered office of the Corporation is: 1206 Kessler
Mill Road, Salem, VA 24153, which registered office is located in the City of Salem,
Virginia and the name of the Corporation's initial Registered Agent at such address
is Wendi Schultz , who is a resident of the Commonwealth of Virginia and who is an
initial director of the Corporation.
The territory in which the operations of the Corporation are principally to be
conducted is the United States of America and its territories and possessions, but
the operations of the Corporation shall not be limited to such territory.
ARTICLE SEVEN
The number of Directors of the Corporation may be fixed by the
Corporation's By -laws, but shall never be less than three (3). Election of new
Directors as may be created in accordance with the By -Laws or to replace a Director
upon resignation, retirement or other circumstance shall be by majority vote of the
existing Directors remaining at that time.
The number of Directors constituting the initial Board of Directors is three
(3) and the names and addresses of the persons who are to serve as Directors until
the succeeding Board of Directors is elected and qualified are:
Ms. Lee Blair 7713 old Mill Forest Road, Roanoke, Virginia 24018
Mr. Pete Eshelman 111 Franklin Plaza, Suite 333, Roanoke, Virginia 24011
Ms. Wendi Schultz 1206 Kessler Mill Road, Salem, Virginia, 24153
ARTICLE EIGHT
The name and address of the incorporator is:
Wendi Schultz 1206 Kessler Mill Road, Salem, Virginia 24153
Incorporator
3
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE
TO WIT:
The foregoing Articles of Incorporation was acknowledged before me this day
of November, 2010, by Wendi Schultz, Incorporator.
My Commission expires:
Notary Public NRN
El
rT&T01 re. tre7, re re. P,.. R rors ,
F THERE'S ONE CFNTRAL TENET TO ALL THERE iS TO LEARN from operatin in these ec-
onomicall challen times, it would be that ver few, if an park and recreation
s can g o it alone. Help must come from ever q uarter—from volunteers to
ivealth donors to complementar revenuer g eneratin g pro provided b foun-
Jations to ever supportin (and participatin in advocac pro Our cover
3tor this month addresses one of the ke pillars in the support of parks and recre-
ition—foundations. Vie I! ve learned enou from this seemincrIv endless slump to form
a workin snapshot of the best practices of effective foundation-s. Andrea L a fre-
juent contributor to Parks & Recreation, interviewed foundation directors and consul
ants from a wide swath of the field. If you I re considerin a foundation or simpl want
o troubleshoot y ours, Andrea's findin serve as a g ood startin point. j ust as impor-
ant "I 1 'f y ou run an a it's e instructive to appreciate how y our supportin
,
Dartners are farin in fundraisin
For starters, Andrea notes, there has never been
i more important time for parks to participate in
mprovin the health and well-bein of their com-
nunites; and, b extension, there has, never been
i g reater need for foundations than now. But what
nakes one foundation shine while another falters?
,1l e an undertakin it be with a sound strat-
� and continues with the application of all-around
,.-ommon sense. Here are some of some of Andrea's
aloe - .era y scan effective foundations-
i The g ood ones be with a viable strate for rais-
in mone
The hire the best possible directors to execute
their strate
i The levera ever communications vehicle pos-
sible to touch the widest possible audience
The co=nurucate not j ust the pro offered b
parks and recreation but, more irnportan# the value
of the services to their communities— health, well
ness. conservation, and more
m And, a the best foundations do not g o it alone —
lever a the fi-M arra of relationships their board
members brin to the table.
To this list should be added the abilit to mana
public perception. Corporate support doesn't al-
wa g enerate warm and fuzz feelin amon park
purists more comfortable with public-sector fund-
in for parks. Yet, as our cover stor shows, namin
ri and other attend-ant forms, of reco can
be done in balanced wa that satisf broad audi-
ences. In this da and a the business sector is
simpl too important and inte in our lives not to
include in the buildin of better communities. Parks
and recreation have alwa been about brin
people to for the corn on g ood. That's a sol-
id foundation. 0
d
12311
Philip Ha
Editor
JANUARY 2012 WWW.NRPA.ORG
B Andr Cyan
AS PARKS ANA RECREATION DEPARTMENTS ACROSS TNT COUNTRY CONTINUE TO FACE BUDGET CUTS,
the role of pazk foundations becomes more and more critical. Foundations are versa-
tile creations, aadress�ng the needs of the government agency they represent while
wielding the fundraising power of a nonprofit No longer are foundations a mere after-
thought —a convenient repository to catch any private- sector funds that might tackle
in. More and more, parks foundations are vital to ensuring that new parks are built
and existinct parks are maintained
F oundation consultant and former parks directoi, - Barry Weiss says the mechanics
of setting up a foundation are the easiest part just find an attorney to set up a 50 13
nonprofit The real legwork comes in mapping out a strategy foi raising money.
' I I've been in the profession since the early 1980s Sometimes, departments would
create the foundation and then wait for the money to came in. The foundation it i
purely a vehicle and not the strategy You mead to be strategic in how to go after the
=n ," Weiss says.. "There r are numerous ways to increase the success of a f nda-
tion, seen in today's tough economic climate.
Shea the Benefits of Free Parks
Now is the perfect time to tra parks benefits in -to
donation streams While it's true that most individu-
als and organizations have tightened their charitabl
budcrets. Stye Black, director of the Milwaukee County
Park System. insists there is still cash out there One
of the most important steps to take ng t no ,* IS to pros
mote the advantaqes advantages that parrs {offer "In tunes when
people dort't have cash to spend, we are doing things
like offering free skating That means a lot to people
ng t now A family can go on a picnic, walk a dog, fly
a kite —do all of these things that are aordable That's
when people see the real value of our public spaces . l.
B lack says
Former executive director for the Parlkwa °s Four=
lotion )n Chicago and current consultant Brenda Palm
couldn't agree more "In down economic times, parks
are metal for families to go and pla Palm points to -
reased attention on nature deficit disorder m chi dren,
as Drell as childhood. obesity and Michelle bama's
health and wellness pladbi m She says there's never
been a better time to turn the benef=its of parks into
mod, raastng opportunities " his is prime tun.e for pack
foundations to really rise up and be investors in the nis-
tor F arad legacy of our parrs " Palm adds, "As l saw
[when] the economy Mined, the pnvate sector seemed
to yeah e that it was their responsibility to help'
The Right People
A successful fundraisin foundation re
that all board members beiieve in and sup-
port the foundation's mission A g ood board
should include people with technical skills,
like attorne and bankers, as well as vision-
a dividuals who can cbi ectrhe foundation's
strategy "Thy, strate ones are the hardest
to g et but. [the are also] the most influential
Weiss sa
Even more essential is that board members
be networkers 'Our board helpq open doors
for me to meet with donons, and provides ex-
pert assistance and advice,' sa Nick Har-
d i executive director of Portland Parks
Foundation in Ore "No matter how g ood
y our cause or case is, if you don't have a con-
nection.—someont? to open the door for y ou to
start a dialo to g ivin g —it becomes much
more difficult, 1 3
Receiitl when a lar parkin lot in the
heart of downtown Portland was moved un-
der the der:raloper dreamed of hav-
in the g round level transformed into a cit
park He donated the surface ri to the cit
but the e wasn't n eon in Portland bud
to make the drF=ajn, come true That's wben
the foundatioij's board of directors stepped it
Their connections resulted in a $16 million g ift
that became Simon and Helen Directoi Park—
a 44,000-s piazza park with a cov-
ered Mass canop fountain, and caf6
Good Direction
Another ke to a successful foundation is find-
in the ri executive director to run the
show Mardi gg sa an executive directoi of
a nonpioht re " a g ererahst'S skill set,
from finance to volunteer and board nical-
a -nt to the most important of all—fund-
raisjri " Other Skills should mclude workin
inside and outside of g overnment
For Drew Satwiano, executive director of
Par tners of Parks which supports Lon Beach,
California, a position like his demands not only
creativit and ener but g ettin g around the
commuritv and tellin the stor about the
foundation It takes time to build up that flow
of mone Its not eas but it P s very rewardin
once y m). g et it g oirt g ," Satariano sa
L