HomeMy WebLinkAbout6/25/2013 - Adopted Board Records
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25, 2013
RESOLUTION 062513-1 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies; and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25, 2013
ORDINANCE 062513-10 PROVIDING FOR THE REFUNDING OF 2004
LEASE FINANCING WITH VIRGINIA RESOURCES AUTHORITY
WHEREAS, on June 1, 2004, the County of Roanoke, Virginia (the "Local
Government") entered into a Financing Lease (the "Original Financing Lease"), with
Virginia Resources Authority ("VRA"), and VRA acquired the Original Financing Lease
pursuant to a Local Lease Acquisition Agreement dated as of June 16, 2004, between
VRA and the Local Government;
WHEREAS, VRA acquired the Original Financing Lease with a portion of the
proceeds of one of the series of VRA's Virginia Pooled Financing Program Bonds (the
"VRA VPFP Bonds");
WHEREAS, VRA has advised the Local Government that the credit markets are
of a portion
currently favorable for the refunding of the VRA VPFP Bonds (the
"Refunding Transaction"), which may enable VRA to pass on annual debt service
savings to the Local Government;
WHEREAS, VRA will effect the Refunding Transaction through the issuance and
sale of a series of refunding bonds issued under VRA's Virginia Pooled Financing
Program (the "VRA Refunding Bonds");
WHEREAS, VRA has indicated that if the Local Government participates in the
Refunding Transaction the most significant modifications required to the terms of the
Original Financing Lease will be to reconcile the Rental Payments and redemption
provisions of the Original Financing Lease with the debt service payments and
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redemption provisions of the VRA Refunding Bonds and such modifications will be
embodied in amendments to the Original Financing Lease or in replacements thereof
(the "Local Refunding Documents"); and
WHEREAS, unless otherwise defined each capitalized term used in this
Ordinance shall have the meaning given it in the Original Financing Lease; and
WHEREAS, the first reading of this ordinance was held on June 11, 2013, and
the second reading and public hearing was held on June 25, 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE LOCAL GOVERNMENT:
1. Agreement to Participate. The Local Government's participation in the
Refunding Transaction is hereby approved provided that (i) the minimum savings
threshold to be realized by the Local Government shall be not less than three percent
(3%) savings on a present value basis compared to the existing and outstanding Rental
Payments under the Original Financing Lease or portion thereof to be refunded and (ii)
the term of the Original Financing Lease as amended or replaced in the Refunding
Transaction shall not be extended past the end of the fiscal year in which occurs the
current final Rental Payment under the Original Financing Lease.
2. Authorization of Local Refunding Documents. Each of the Local
Government's Chairman of the Board of Supervisors, County Administrator and Director
of Finance (each a "Local Representative") is authorized to execute and deliver the
Local Refunding Documents in such form as will reflect and facilitate the Refunding
Transaction within the parameters and intent of this Ordinance. The Clerk to the Board
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25, 2013
ORDINANCE 062513-11 AUTHORIZING AN AMENDMENT TO THE
FISCAL YEAR 2013-2014 BUDGET BY THE APPROPRIATION OF
$13,973,416 TO FINANCE VARIOUS PUBLIC FACILITY PROJECTS
WHEREAS, on May 14, 2013, the Board of Supervisors of Roanoke County held
Capital Improvements Program Tier 1 Priority Projects;
and
WHEREAS, the Board considered County staff recommendations for funding
capital projects by appropriating or re-appropriating funds from various other sources;
and
WHEREAS, Section 15.2-2507 of the Code of Virginia provides that a locality
may amend its budget to adjust the aggregate amount appropriated; however, any such
amendment which exceeds one percent of the total expenditures in the adopted budget
must be accomplished by publishing a notice of a meeting and a public hearing in the
newspaper and that such notice shall state the governing bodies intent to amend the
budget and include a brief synopsis of the proposed budget amendment; and
WHEREAS, the Roanoke County Charter provides that funds be appropriated by
ordinance; and
WHEREAS, first reading of this ordinance was held on June 11, 2013, and the
second reading and public hearing was held on June 25, 2013.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25, 2013
ORDINANCE 062513-12 AUTHORIZING THE VACATION OF (1) A
PORTION OF AN UNIMPROVED FIFTY FOOT () RIGHT-OF-WAY
DESIGNATED AS CIRCLEVIEW DRIVE, (2) A TWENTY FOOT ()
ACCESS EASEMENT TO STORMWATER MANAGEMENT AREA, AND (3)
A STORMWATER MANAGEMENT EASEMENT (PLAT OF SUNCREST
HEIGHTS, SECTION 3, PLAT BOOK 13, PAGE 165) AND ACCEPTING
THE DEDICATION OF 0.117 AC. FOR THE COMPLETION OF A CUL-DE-
SAC AT THE END OF CIRCLEVIEW DRIVE AND A PUBLIC DRAINAGE
EASEMENT AS SHOWN ON UBDIVISION PLAT
FROM RECORDS FOR JOHN A. HALL & COMPANY, INC. AND KENT S.
GREENAWALT REVOCABLE IN THE CAVE SPRING
MAGISTERIAL DISTRICT
WHEREAS, the map of Sunset Heights, Section 3, recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 13, page 165,
dedicated a fifty foot () right-of-way designated as Circleview Drive, a twenty foot ()
access easement to a stormwater management easement, and a 0.3285 acre stormwater
management easement; and
WHEREAS, a portion of the area dedicated and set aside for public use as
Circleview Drive on Plat Book 13, Page 165 has never been improved and is no longer
needed to meet the County subdivision ordinance regulations; and
WHEREAS, a 0.3285 stormwater management easement is no longer necessary
due to the reduction in the amount of impervious area in Sunset Heights, Section 3 also
eliminating the need for the twenty foot () access easement to the stormwater
management easement; and
WHEREAS, John A. Hall & Company, Inc., the developer of Sunset Heights,
Section 3, and Kent Greenawalt, an adjoining property owner who has purchased six (6)
lots of the original thirteen (13) lots in Section 3 of Sunset Heights, have requested,
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pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), the Board of
Supervisors of Roanoke County, Virginia, vacate of a portion of Circleview Drive, a twenty
foot () access easement to a stormwater easement and a 0.3285 acre stormwater
management easement so as to permit these property owners to make improvements to
their properties; and
WHEREAS, no other property owner will be affected by the vacation of this
undeveloped portion of said Circleview Drive, twenty foot () access easement to
stormwater management easement, and stormwater management easement and their
current existence imposes an impediment to the adjoining property owners making
improvements to their properties; and
WHEREAS, this vacation will not involve any cost to the County and the affected
County departments have raised no objection; and
WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of
Virginia (1950, as amended); and
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by ordinance.
A first reading of this ordinance was held on June 11, 2013, and a second reading and
public hearing of this ordinance was held on June 25, 2013.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the subject real estate (a portion of Circleview Drive, a fifty foot () wide street
containing approximately five hundred twenty five (525) linear feet and 1.103 acres and
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() is hereby declared to be surplus and the
nature of the interests in real estate renders it unavailable for other public use, pursuant to
Section 15.2-2272 of the Code of Virginia, 1950, as amended.
4. That the twenty foot () access easement to stormwater management
easement and the stormwater management easement shown as Areas #2 and #3 as
to Section 15.2-2272 of the Code of Virginia of 1950, as amended.
5. That Roanoke County hereby accepts the dedication to the public by John A.
Hall & Company, Inc. and Kent S. Greenawalt Revocable Trust of a 0.3285 acre public
drainage easement and a 0.117 acre parcel for the completion of
the cul-de-sac at the end of Circleview Drive to be dedicated by the
recordation of a plat entitled
Inc. and Kent S. Greenawalt Revocable Trust showing the vacation of 1.103 Acres of
Circleview Drive, Section 3, Suncrest Heights (PB13, PG 165) Being Vacated by the
County of Roanoke and the Dedication of a 0.117 Acre Cul-de-
prepared by Parker Design Group; and
6. That all costs and expenses associated herewith, including but not limited to
publication, survey and recordation costs, shall be the responsibility of the Petitioners.
7. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be necessary
to accomplish the provisions of this ordinance, all of which shall be on form approved by
the County Attorney.
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Exhibit “A”
DESCRIPTIONAREAROWWIDTH
AcresFeetFeet
Description for original ROW for CircleviewDrive in
SuncrestHeights Section 3 shown in purple 1.759Variable20
ROANOKE COUNTY
ORIGINAL PLAT FOR SUNCREST HEIGHTS SECTION 3
DEPARTMENT OF
COMMUNITY DEVLOPMENT
Exhibit “B”
3
4
2
1
DESCRIPTIONAREAROWWIDTH
AcresFeetFeet
1. ROW for CircleviewDrive being vacated is shown in
green 1.103Variable20
2. Stormwatermanagement access easement to be
vacated which is shown in orange.0.21N/A20
3. Stormwatermanagement easement to be changed to
a public drainage easement shown in light blue.0.28N/AVariable
4. ROW for CircleviewDrive being dedicated is shown in
red0.117VariableVariable
ROANOKE COUNTY
PROPOSED PLAT FOR SUNCREST HEIGHTS SECTION 3
DEPARTMENT OF
COMMUNITY DEVLOPMENT
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25, 2013
RESOLUTION 062513-2 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO RODNEY P.
FERGUSON, JR., BATTALION CHIEF-TRAINING, UPON HIS
RETIREMENT AFTER MORE THAN THIRTY-ONE (31) YEARS OF
SERVICE
WHEREAS, Rodney P. Ferguson, Jr. was hired on January 1, 1982, and has
worked as an Animal Control Officer, Firefighter, Fire Inspector, Fire Lieutenant, Prevention
Captain, Operations Captain, Battalion Chief Operations, and Battalion Chief Training
during his tenure with Roanoke County; and
WHEREAS, Mr. Ferguson retired on June 1, 2013, after thirty-one (31) years and
five (5) months of devoted, faithful and expert service with the County; and
WHEREAS, during his time serving Roanoke County, Chief Ferguson throughout his
tenure with Roanoke County Fire and Rescue Department was a mentor to fellow
employees; and
WHEREAS, Chief Ferguson was a leader in arson investigation for Roanoke County
along with providing assistance to neighboring jurisdictions; and
WHEREAS, Chief Ferguson was instrumental in the development and construction
of the burn building at the Roanoke Regional Fire-EMS Training Center as the project
manager; and
WHEREAS, Chief Ferguson implemented enhanced fire-EMS training for all of the
Department which incorporated firefighter survivability during May-Day situations where
loss of life or serious injury for a firefighter is the greatest; and
WHEREAS, his devotion to training both for himself and others will be his lasting
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25, 2013
ORDINANCE 062513-3 APPROVING THE LEASE AND PURCHASE OF
THE REGIONAL POUND FACILITY FROM THE ROANOKE VALLEY
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC.
WHEREAS, on January 7, 2013, Roanoke City, Roanoke County, Town of
Vinton, and Botetourt County entered into the Roanoke Valley Regional Pound
Agreement providing for the operational control of a single animal control shelter
effective on July 1, 2013; and
WHEREAS, by this agreement the participating localities also agreed to enter
into a ground lease with an option to purchase the Regional Pound property located at
1340 Baldwin Avenue, NE, Roanoke City from the Roanoke Valley Society for the
prevention of Cruelty to Animals, Inc. (SPCA); and
WHEREAS, the participating localities and the SPCA have negotiated a
lease/purchase agreement for the temporary lease of this property until the closing on
the real estate transaction can occur; and
WHEREAS, this ordinance authorizes the lease and purchase of the Regional
Pound facility from the SPCA pursuant to the January 7, 2013, agreement and the
lease/purchase agreement dated June 26, 2013; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on June 25, 2013, and the second reading of
this ordinance has been dispensed with since an emergency exists, upon a 4/5ths vote
of the members of the Board.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25, 2013
ORDINANCE 062513-4 GRANTING A SPECIAL USE PERMIT FOR AN
ACCESSORY APARTMENT ON APPROXIMATELY 4.68 ACRES
LOCATED AT 6185/6183 BENT MOUNTAIN ROAD (TAX MAP NO.
96.01-3-36) WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE
PETITION OF LARRY AND RHONDA CONNER
WHEREAS, Larry and Rhonda Conner have filed a petition for a special use
permit for an accessory apartment on approximately 4.68 acres located at 6185/6183
Bent Mountain Road (Tax Map No. 96.01-3-36) in the Windsor Hills Magisterial District;
and
WHEREAS, the Planning Commission held a public hearing on this matter on
June 4, 2013; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 28, 2013; the second reading and public hearing on this
matter was held on June 25, 2013.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Larry and
Rhonda Conner for an accessory apartment on approximately 4.68 acres located at
6185/6183 Bent Mountain Road in the Windsor Hills Magisterial District is substantially
in accord with the adopted 2005 Community Plan, as amended, pursuant to the
provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it
shall have a minimum adverse impact on the surrounding neighborhood or community,
and said special use permit is hereby approved with the following conditions:
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25, 2013
ORDINANCE 062513-5 GRANTING A SPECIAL USE PERMIT FOR
RELIGIOUS ASSEMBLY TO CONSTRUCT AN OVERFLOW PARKING
LOT ON A 0.412 ACRE LOCATED AT 1230 RED LANE EXTENSION
(TAX MAP NO. 45.02-2-11) CATAWBA MAGISTERIAL DISTRICT,
UPON THE PETITION OF FELLOWSHIP COMMUNITY CHURCH
WHEREAS, Fellowship Community Church has filed a petition for a special use
permit for religious assembly to construct an overflow parking lot to be located at 1230
Red Lane Extension (Tax Map No. 45.02-2-11) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
June 4, 2013; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 28, 2013; the second reading and public hearing on this
matter was held on June 25, 2013.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Fellowship
Community Church for religious assembly to construct an overflow parking lot on 0.412
acre located at 1230 Red Lane Extension in the Catawba Magisterial District is
substantially in accord with the adopted 2005 Community Plan, as amended, pursuant
to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and
that it shall have a minimum adverse impact on the surrounding neighborhood or
community, and said special use permit is hereby approved with the following
conditions:
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25, 2013
ORDINANCE 062513-6 GRANTING A SPECIAL USE PERMIT FOR THE
OPERATION OF AUTOMOBILE REPAIR SERVICES, MINOR, ON
APPROXIMATELY 4.476 ACRES LOCATED AT 8364 BENT
MOUNTAIN ROAD (PART OF TAX MAP NO. 94.00-01-58) WINDSOR
HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF CAROL
LACHOWICZ OF L&H COMPANY
WHEREAS, Carol Lachowicz of L&H Company has filed a petition for a special
use permit for the operation of automobile repair services, minor, to be located at 8364
Bent Mountain Road (Part of Tax Map No. 94.00-01-58) in the Windsor Hills Magisterial
District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
June 4, 2013; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 28, 2013; the second reading and public hearing on this
matter was held on June 25, 2013.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Carol
Lachowicz of L&H Company for the operation of automobile repair services, minor, on
4.473 acres located at 8364 Bent Mountain Road in the Windsor Hills Magisterial
District is substantially in accord with the adopted 2005 Community Plan, as amended,
pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as
amended, and that it shall have a minimum adverse impact on the surrounding
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neighborhood or community and said special use permit is hereby approved with the
following conditions:
a) The freestanding sign shall not exceed ten (10) square feet in size and six (6)
feet in overall height.
b) Hours of operation shall be from 8 a.m. to 7 p.m. Monday through Saturday.
c) Any vehicle on site for more than twenty-four (24) hours shall be screened
from view from Bent Mountain Road.
d) The use shall be limited to the structure located at 8364 Bent Mountain Road
and the large graveled area outside of the building as shown on the concept
plan.
e) No more than four (4) motor vehicles shall be stored outside overnight on the
property.
2. That said real estate is more fully described on Exhibit A, which is a two-
page exhibit containing a metes and bounds description and map of the real estate
prepared by Lumsden Associates, P.C. dated March 27, 2013.
2. That this ordinance shall be in full force and effect thirty (30) days after its final
passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The provisions of this special use
permit are not severable. Invalidation of any word, phrase, clause, sentence or
paragraph shall invalidate the remainder. The Zoning Administrator is directed to
amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25, 2013
ORDINANCE 062513-7 GRANTING A SPECIAL USE PERMIT FOR THE
PURPOSE OF OPERATING A USED AUTOMOBILE DEALERSHIP ON
1.57 ACRES LOCATED AT 6802 PETERS CREEK ROAD AND 7323
DEER BRANCH ROAD (TAX MAP NOS. 27.10-5-12 AND 13) HOLLINS
MAGISTERIAL DISTRICT, UPON THE PETITION OF PELEWOO
PROPERTIES LLC
WHEREAS, Pelewoo Properties LLC has filed a petition for a special use permit
for the purpose of operating a used automobile dealership to be located at 6802 Peters
Creek Road and 7323 Deer Branch Road (Tax Map Nos. 27.10-5-12 and 13) in the
Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
June 4, 2013; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 28, 2013; the second reading and public hearing on this
matter was held on June 25, 2013.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Pelewoo
Properties LLC for the purpose of operating a used automobile dealership to be located
at 6802 Peters Creek Road and 7323 Deer Branch Road (Tax Map Nos. 27.10-5-12
and 13) in the Hollins Magisterial District is substantially in accord with the adopted
2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of
the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse
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T A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
A
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, JUNE 25, 2013
ORDINANCE 062513-8 REZONING APPROXIMATELY ONE (1) ACRE
FROM C-2C, GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS,
TO I-2C, HIGH INTENSITY INDUSTRIAL DISTRICT WITH CONDITIONS
FOR THE PURPOSE OF OPERATING A CONSTRUCTION YARD AT 3327
SHAWNEE DRIVE, CATAWBA MAGISTERIAL DISTRICT (TAX MAP NO.
55.02-2-13.1), UPON THE APPLICATION OF CHARLES S. WELLS
WHEREAS, this property was rezoned in 2008 from I-2 to C-2C for a gasoline
station with proffered conditions; this ordinance rezones the property from C-2C to I-2C for
a construction yard with proffered conditions. The proffered conditions are almost identical
to the ones proffered in 2008 with the only change being in the first proffer the words
"gasoline station" are changed to "construction yard"; and
WHEREAS, the first reading of this ordinance was held on May 28, 2013, and the
second reading and public hearing were held June 25, 2013; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on June 4, 2013; and
WHEREAS, legal notice and advertisement has been provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing
approximately one (1) acre, as described herein, and located at 3327 Shawnee Drive,
Salem, VA (Tax Map Number 55.02-2-13.1) in the Catawba Magisterial District, is hereby
changed from the zoning classification of C-2C, General Commercial District with
conditions to I-2C, High Intensity Industrial District with conditions for the purpose of
operating a construction yard.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25, 2013
ORDINANCE 062513-9 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA APPROVING THE LEASE
FINANCING OF VARIOUS CAPITAL PROJECTS FOR THE COUNTY
AND AUTHORIZING THE LEASING OF CERTAIN COUNTY-OWNED
PROPERTY, THE EXECUTION AND DELIVERY OF A PRIME LEASE
AND A LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING
LEASE, AND OTHER RELATED ACTIONS
WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke,
Virginia (the "County"), intends to finance all or a portion of the costs (or to reimburse
the County for payment of such costs) of various capital improvements, including the
construction of a new public library in the Town of Vinton, Virginia (the "Project");
WHEREAS, the Board has determined that it is in the best interest of the County
to enter into a lease arrangement in order to obtain funds to finance the Project;
WHEREAS, the Board is authorized, pursuant to Section 15.2-1800 of the Code
of Virginia of 1950, as amended, to lease any improved or unimproved real estate held
by the County;
WHEREAS, the first reading of this ordinance was held on June 11, 2013 and the
second reading and public hearing was held on June 25, 2013;
WHEREAS, Virginia Resources Authority ("VRA") intends to issue its
Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing
Program), Series 2013B (the "VRA Bonds"), and to provide a portion of the proceeds to
the County to finance the Project pursuant to the terms of a Local Lease Acquisition
Agreement and Financing Lease (the "Financing Lease"), between the County and
VRA;
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WHEREAS, the County will enter into a Prime Lease (the "Prime Lease") with
VRA whereby the County will lease certain real estate, which may include any or all of
the parcel or parcels of real estate on which the Project is located or on which the
County's public safety building is located, as may be required by VRA (the "Real
Estate") and the associated improvements and property located thereon (the
"Improvements") to VRA;
WHEREAS, the County will enter into the Financing Lease with VRA pursuant to
which VRA will lease the Real Estate and the Improvements back to the County and the
County will make rental payments corresponding in amount and timing to the debt
service on the portion of the VRA Bonds issued to finance the Project (the "Rental
Payments");
WHEREAS, pursuant to the Financing Lease the County will undertake and
complete the Project;
WHEREAS, the County intends to pay the Rental Payments out of appropriations
from the County's General Fund;
WHEREAS, the Financing Lease shall indicate that approximately $8,218,350 (or
such other amount as requested by the County and approved by VRA prior to the
pricing of the VRA Bonds) is the amount of proceeds requested (the "Proceeds
Requested") from VRA;
WHEREAS, VRA's objective is to pay the County an amount which, in VRA's
judgment, reflects the market value of the Rental Payments under the Financing Lease
(the "VRA Purchase Price Objective"), taking consideration of such factors as the
purchase price to be received by VRA for the VRA Bonds, the issuance costs of the
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VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA
(collectively, the "VRA Costs")) and other market conditions relating to the sale of the
VRA Bonds;
WHEREAS, such factors may result in the County receiving an amount other
than the par amount of the aggregate principal components of the Rental Payments
under the Financing Lease and consequently (i) the aggregate principal components of
the Rental Payments under the Financing Lease may be greater than the Proceeds
Requested in order to receive an amount of proceeds that is substantially equal to the
Proceeds Requested, or (ii) if the maximum authorized aggregate principal components
of the Rental Payments under the Financing Lease set forth in paragraph 4 of this
Ordinance does not exceed the Proceeds Requested by at least the amount of the VRA
Costs and any original issue discount, the amount to be paid to the County, given the
VRA Purchase Price Objective and market conditions, will be less than the Proceeds
Requested;
WHEREAS, the Prime Lease and the Financing Lease are referred to herein as
the "Documents." Copies of the Documents are on file with the County Administrator.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Approval of Lease-Leaseback Arrangement
. The lease-leaseback
arrangement with VRA to accomplish the financing of the Project is hereby approved.
The County Administrator is authorized to determine the Real Estate and
Improvements, as may be required by VRA, to be subject to the lease-leaseback
arrangement.
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2. Approval of Prime Lease
. The leasing of the Real Estate and the
Improvements by the County, as lessor, to VRA, as lessee, pursuant to the terms of the
Prime Lease is hereby approved.
3. Approval of the Financing Lease
. The leasing of the Real Estate and
the Improvements by VRA, as lessor, to the County, as lessee, pursuant to the terms of
the Financing Lease is hereby approved.
4. Approval of the Terms of the Rental Payments
. The Rental Payments
set forth in the Financing Lease shall be composed of principal and interest components
reflecting an original aggregate principal amount not to exceed $8,795,000, a true
interest cost not to exceed 4.75% per annum (taking into account any original issue
discount or premium) and a term not exceeding twenty (20) years from the date of the
closing of the VRA Bonds.
It is determined to be in the best interest of the County to accept the offer of VRA
to enter into the Financing Lease with the County for an amount determined by VRA to
be fair, subject to the conditions set forth in this Ordinance, which Financing Lease shall
be executed by the Chairman of the Board (the "Chairman") and the County
Administrator, or either of them. Given the VRA Purchase Price Objective and market
conditions, it may become necessary to enter into the Financing Lease with aggregate
principal components of the Rental Payments greater than the Proceeds Requested. If
the limitation on the maximum aggregate principal components of Rental Payments on
the Financing Lease set forth in this paragraph 4 restricts VRA's ability to generate the
Proceeds Requested, taking into account the VRA Costs, the VRA Purchase Price
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Objective and market conditions, the County Administrator is authorized to accept a
purchase price for the Bond at an amount less than the Proceeds Requested.
The Financing Lease, in substantially the form presented to this meeting, is
hereby approved, with such completions, omissions, insertions and changes not
inconsistent with this Ordinance as may be approved by the Chairman or the County
Administrator. The Chairman and the County Administrator, either of whom may act are
hereby authorized and directed to enter into the Financing Lease.
The actions of the Chairman and the County Administrator in accepting the final
terms of the Rental Payments shall be conclusive, and no further action shall be
necessary on the part of the Board.
5. Other Payments under Financing Lease
. The County agrees to pay all
amounts required by the Financing Lease, including any amounts required by Section
5.1(b) of the Financing Lease, including the "Supplemental Interest," as provided in
such section.
6. Execution and Recordation of Documents
. The Chairman and the
County Administrator, either of whom may act, are authorized and directed to execute
the Documents and deliver them to the other parties thereto. The Chairman and the
County Administrator, either of whom may act, are further authorized to cause the Prime
Lease and the Financing Lease, to be recorded in the Clerk's Office of the Circuit Court
of Roanoke County.
7. Form of Documents
. The Documents shall be in substantially the forms
on file with the County Administrator, which are hereby approved with such completions,
omissions, insertions and changes as may be approved by the Chairman and the
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County Administrator, either of whom may act, with the execution and delivery of the
Documents by the Chairman and/or the County Administrator constituting conclusive
evidence of the approval of any such completions, omissions, insertions, and changes.
8. Essentiality of the Project and Real Estate
. The Project, the Real
Estate and the Improvements are hereby declared to be essential to the efficient
operation of the County, and the County anticipates that the Project, the Real Estate
and the Improvements will continue to be essential to the operation of the County during
the term of the Financing Lease.
9. Annual Budget
. While recognizing that it is not empowered to make any
binding commitment to make Rental Payments and any other payments required under
the Financing Lease beyond the current fiscal year, the Board hereby states its intent to
make annual appropriations for future fiscal years in amounts sufficient to make all such
payments and hereby recommends that future Boards do likewise during the term of the
Financing Lease. The Board directs the County Administrator, or such other officer who
may be charged with the responsibility for preparing the County's annual budget, to
include in the budget request for each fiscal year during the term of the Financing Lease
an amount sufficient to pay the Rental Payments and all other payments coming due
under the Financing Lease during such fiscal year. If at any time during any fiscal year
of the County throughout the term of the Financing Lease, the amount appropriated in
the County's annual budget in any such fiscal year is insufficient to pay when due the
Rental Payments and any other payments required under the Financing Lease, the
Board directs the County Administrator, or such other officer who may be charged with
the responsibility for preparing the County's annual budget, to submit to the Board at the
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next scheduled meeting, or as promptly as practicable but in any event within 45 days, a
request for a supplemental appropriation sufficient to cover the deficit.
10. Rental Payments Subject to Appropriation
. The County's obligation to
make the Rental Payments and all other payments pursuant to the Financing Lease is
hereby specifically stated to be subject to annual appropriation therefor by the Board,
and nothing in this Ordinance or the Documents shall constitute a pledge of the full faith
and credit nor taxing power of the County or compel the Board to make any such
appropriation.
11. Disclosure Documents
. The County authorizes and consents to the
inclusion of information with respect to the County to be contained in VRA's Preliminary
Official Statement and VRA's Official Statement in final form, both to be prepared in
connection with the sale of the VRA Bonds. If appropriate, such disclosure documents
shall be distributed in such manner and at such times as VRA shall determine. The
County Administrator is authorized and directed to take whatever actions are necessary
and/or appropriate to aid VRA in ensuring compliance with Securities and Exchange
Commission Rule 15c2-12.
12. Tax Documents
. The County Administrator and the Director of Finance,
either of whom may act, is authorized to execute a Nonarbitrage Certificate and Tax
Compliance Agreement and/or any related document (the "Tax Documents") setting
forth the expected use and investment of the proceeds of the VRA Bonds to be received
pursuant to the Documents and containing such covenants as may be necessary in
order for the County and/or VRA to comply with the provisions of the Internal Revenue
Code of 1986, as amended (the "Tax Code"), with respect to the VRA Bonds and the
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Documents including the provisions of Section 148 of the Tax Code and applicable
regulations relating to "arbitrage bonds." The County covenants that the proceeds of
the VRA Bonds to be received pursuant to the Documents will be invested and
expended as set forth in the Tax Documents, to be delivered simultaneously with the
issuance and delivery of the Financing Lease and that the County shall comply with the
other covenants and representations contained therein.
13. Other Actions
. All other actions of the officers of the County in
conformity with the purpose and intent of this Ordinance are hereby approved and
confirmed. The officers of the County are hereby authorized and directed to execute
and deliver all certificates and instruments and to take all such further action as may be
considered necessary or desirable in connection with the execution and delivery of the
Documents.
14. SNAP Investment Authorization
. The County has heretofore received
and reviewed the Information Statement (the "Information Statement") describing the
State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the
Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"), and the
County has determined to authorize the Director of Finance to utilize SNAP in
connection with the investment of the proceeds of the lease-leaseback transaction if the
Director of Finance determines that the utilization of SNAP is in the best interest of the
County. The Board acknowledges that the Treasury Board of the Commonwealth of
Virginia is not, and shall not be, in any way liable to the County in connection with
SNAP, except as otherwise provided in the contract creating the investment program
pool.
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ACTION NO. __A-062513-13.a_
ITEM NO. ______J-2_________
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 25, 2013
AGENDA ITEM:
Confirmation of appointments to Court Community Corrections
Program Regional Community Criminal Justice Board;
Community Policy and Management Team (CPMT);
SUBMITTED BY:
Deborah C. Jacks
Clerk to the Board
APPROVED BY:
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Court Community Corrections Program Regional Community Criminal Justice
Board:
During the closed session on May 14, 2013, the Board of Supervisors recommended
the reappointment of Sheriff Michael Winston to an additional three-year term to expire
on June 30, 2016.
2. Community Policy and Management Team (CPMT):
By consensus, the Board has recommended the reappointment of Ms. Lisa McDowell
be reappointed as the Private Community Resource to an additional three-year term to
expire June 30, 2016.
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VOTE:
Supervisor Altizer moved to approve the staff recommendation.
Motion approved.
Yes No Absent
Ms. Moore
Mr. Flora
Mr. Church
Mr. Elswick
Mr. Altizer
cc: Kathryn Van Patten, Director of the CCCPRCCJ Board
Jessica Webb, Assistant Director of Social Services
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ACTION NO. __A-062513-14__
ITEM NO. ______L-1_________
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 25, 2013
AGENDA ITEM:
Request for public hearing to establish blight and determine
disposition of property located at 3414 Garst Mill Road
SUBMITTED BY:
Joel Baker
Building Commissioner
APPROVED BY:
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The identified property has been determined to be subject to the Spot Blight Abatement
Process (See attached photos of the structure.) Owners have been properly notified and
given opportunity to respond with a proposal for curing the blight. No response has been
received within the allotted time (See attached notices.) In order to proceed with the
process, a public hearing is required to confirm the blight and gain approval for a plan to
remedy the blight.
FISCAL IMPACT:
There is no request for funding at this time. Should a public hearing be scheduled, a
correction plan and funding proposal will be submitted to the Board for consideration.
ALTERNATIVES:
A. Schedule public hearing @ August 13, 2013, Board meeting
B. Do not schedule hearing.
STAFF RECOMMENDATION:
Staff recommends scheduling the hearing for the August 13, 2013, Board
Meeting.
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VOTE:
Supervisor Elswick moved to approve the staff recommendation.
Motion approved.
Yes No Absent
Ms. Moore
Mr. Flora
Mr. Church
Mr. Elswick
Mr. Altizer
cc: Joel Baker, Building Commissioner
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