HomeMy WebLinkAbout6/28/2016 - Regular
Roanoke County
Board of Supervisors
June 28, 2016
INVOCATION: Pastor Mark Hopkins
Shenandoah Baptist Church
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
l start of the Board meeting
shall be the voluntary offering of a private citizen, to and for the benefit of the
Board. The views or beliefs expressed by the invocation speaker have not been
previously reviewed or approved by the Board and do not necessarily represent
the religious beliefs or views of the Board in part or as a whole. No member of
the community is required to attend or participate in the invocation and such
decision will have no impact on their right to actively participate in the businessof
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Roanoke County
Board of Supervisors
Agenda
June 28, 2016
Good afternoon and welcome to our meeting for June 28, 2016. 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
at
www.RoanokeCountyVA.gov. Our meetings are now closed-captioned, so it is
important for everyone to speak directly into the microphones at the podium. Individuals
who require assistance or special arrangements to participate in or attend Board of
Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least
48 hours in advance. Please turn all cell phones off or place on silent.
A. OPENING CEREMONIES
1. Roll Call
B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
D. BRIEFINGS
E. NEW BUSINESS
Page 2 of 5
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 Refuge Church to obtain a Special Use Permit in a C-2C, High
Intensity Commercial, District with conditions for the operation of religious
assembly on approximately 1.92 acres, located at 4145 and 4173 West Main
Street, Catawba Magisterial District
2. The petition of Kate Madison Properties, LLC to rezone approximately 0.99 acre
from R-1, Low Density Residential, District to C-1, Low Intensity Commercial,
District on property located at 3746 Colonial Avenue, Cave Spring Magisterial
District
G. FIRST READING OF ORDINANCES
1. Ordinance accepting and appropriating grant funds in the amount of $166,259
from the Virginia Information Technology Agency Public Safety Access Point
(PSAP) Grant Program (Bill Hunter, Director of Communications and Information
Technology)
2. Ordinance authorizing and approving amendment of a Lease Agreement
between Roanoke County and GrainComm, Inc. for a communications facility on
Barrens Road, adjacent to the Hollins Fire Station (Rob Light, Acting Director of
General Services)
H. SECOND READING OF ORDINANCES
1. Ordinance to appropriate funds in the amount of $800,000 from the
Commonwealth of Virginia to the Department of Social Services General Fund
budget for fiscal year 2015-2016 (Christopher Bever, Director of Management
and Budget; Joyce Earl, Director of Social Services)
2. Ordinance accepting and appropriating funds in the amount of $10,000 from the
Virginia Commission for the Arts (VCA) for the Local Government Challenge
Grant for fiscal years 2014-2015 and 2015-2016 (Christopher Bever, Director of
Management and Budget)
3. Ordinance authorizing and approving execution of a lease agreement with the
Roanoke County Schools for space located at 4850 Brambleton Avenue (on
Cave Spring School Campus) to be used as a police substation known as the
South County Substation (Ruth Ellen Kuhnel, County Attorney; Rob Light, Acting
Director of General Services)
Page 3 of 5
I. PUBLIC HEARING AND SECOND READING OR ORDINANCES
1. Ordinance amending Article I (General Provisions), Article II (Definitions and Use
Types), Article III (District Regulations), Article IV (Use and Design Standards)
and Article V (Development Standards of the Roanoke County Zoning
Ordinance) (John Murphy, Zoning Administrator)
J. APPOINTMENTS
1. Board of Zoning Appeals (BZA) (appointed by District)
2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District and At Large)
3. Clean Valley Council (At Large)
4. Economic Development Authority (EDA) (appointed by District)
5. Planning Commission (appointed by District)
K. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY
THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION
IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT
ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY
1. Request to accept and allocate funds in the amount of $7,105 to the Clerk of
Circuit Court from the Commonwealth of Virginia for fiscal year 2015/2016
2. Request to accept and allocate grant funds in the amount of $3,000 from the
Virginia Department of Game and Inland Fisheries (DGIF) to retrofit current trash
containers to make them bear resistant
3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Donald R. Karnes, Risk Manager, upon his retirement after more than
twenty-one years of service
4. Confirmation of appointments to the Length of Service Awards Program
(LOSAP/VIP) Board
5. Confirmation of appointment to the Planning Commission (by District)
L. CITIZENS' COMMENTS AND COMMUNICATIONS
M. REPORTS
1. Unappropriated, Board Contingency and Capital Reserves Report
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2. Outstanding Debt
3. Comparative Statement of Budgeted and Actual Revenues as of May 31, 2016
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of May 31, 2016
5. Accounts Paid - May 31, 2016
6. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of
May 31, 2016
N. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Joseph P. McNamara
2. George G. Assaid
3. Al Bedrosian
4. Martha B. Hooker
5. P. Jason Peters
O. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2-3711.A.1 Personnel, namely discussion concerning appointment to
the Western Virginia Water Authority
P. CERTIFICATION RESOLUTION
Q. ADJOURNMENT
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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:
June 28, 2016
AGENDA ITEM:
The petition of Refuge Church to obtain a Special Use
Permit in a C-2C, High Intensity Commercial, District with
conditions for the operation of religious assembly on
approximately 1.92 acres, located at 4145 and 4173 West
Main Street, Catawba Magisterial District
SUBMITTED BY:
Philip Thompson
Deputy Director of Planning
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
Consent agenda item for first reading of an ordinance on an application to obtain a
special use permit.
BACKGROUND:
The first reading on this ordinance is accomplished by adoption of this ordinance in the
manner of consent agenda items. The adoption of these items 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 these ordinances. The second reading and public
hearing on this ordinance is scheduled for July 19, 2016.
The title of this ordinance is as follows:
2. The petition of Refuge Church to obtain a Special Use Permit in a C-2C, High
Intensity Commercial, District with conditions for the operation of religious
assembly on approximately 1.92 acres, located at 4145 and 4173 West Main
Street, Catawba Magisterial District.
Page 1 of 2
DISCUSSION:
There is no discussion on this agenda item.
FISCAL IMPACT:
There is no fiscal impact on this agenda item.
STAFF RECOMMENDATION:
Staff recommends as follows:
1. That the Board approve and adopt the first reading of this rezoning ordinance for the
purpose of scheduling the second reading and public hearing for July 19, 2016.
2. That this section of the agenda be, and hereby is, approved and concurred in as to
each item separately set forth as Item(s) 2, 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.
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Department of Community Development
Roanoke, Virginia 24018
5204 Bernard Drive
Roanoke County
(540) 772-2065
Department of Community Development
Roanoke, Virginia 24018
5204 Bernard Drive
Roanoke County
(540) 772-2065
Department of Community Development
Roanoke, Virginia 24018
5204 Bernard Drive
Roanoke County
(540) 772-2065
ACTION NO.
ITEM NO. F.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
The petition of Kate Madison Properties, LLC to rezone
approximately 0.99 acre from R-1, Low Density Residential,
District to C-1, Low Intensity Commercial, District on
property located at 3746 Colonial Avenue, Cave Spring
Magisterial District
SUBMITTED BY:
Philip Thompson
Deputy Director of Planning
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
Consent agenda for a first reading of an ordinance on an application to rezone property.
BACKGROUND:
The first reading on this ordinance is accomplished by adoption of this ordinance in the
manner of consent agenda items. The adoption of these items 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 these ordinances. The second reading and public
hearing on these ordinances is scheduled for July 19, 2016.
The title of this ordinance is as follows:
1. The petition of Kate Madison Properties, LLC to rezone approximately 0.99
acre from R-1, Low Density Residential, District to C-1, Low Intensity
Commercial, District on property located at 3746 Colonial Avenue, Cave
Spring Magisterial District.
Page 1 of 2
DISCUSSION:
There is no discussion on this agenda item.
FISCAL IMPACT:
There is no fiscal impact on this agenda item.
STAFF RECOMMENDATION:
Staff recommends as follows:
1. That the Board approve and adopt the first reading of this rezoning ordinance for the
purpose of scheduling the second reading and public hearing for July 19, 2016.
2. That this section of the agenda be, and hereby is, approved and concurred in as to
each item separately set forth as Item(s) 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
ACTION NO.
ITEM NO. G.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
Ordinance accepting and appropriating grant funds in the
amount of $166,259 from the Virginia Information
Technology Agency Public Safety Access Point (PSAP)
Grant Program
SUBMITTED BY:
Bill Hunter
Director of Communications & Technology
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
Appropriation of $166,259 in grant funding from the Virginia Information Technology
Agency Public Safety Access Point (PSAP) program for a regional Real-Time Next
Generation (NG) 9-1-1 dataset.
BACKGROUND:
Since the original 9-1-1 systems (public safety access point systems) were established
in the 1960s, dramatic changes have taken place in how citizens use
telecommunication technology. During the 1970s and 1980s, location data was added
to 9-1-1 capability and the resulting system was known as Enhanced 9-1-1 or E9-1-1.
Today, the majority of 9-1-1 calls are placed with mobile devices and voice over IP or
VoIP calls are becoming increasingly common. Callers to 9-1-1 are also contacting 9-1-
1 centers via text message and there is demand to support video data as well. These
and other changes in the telecommunication industry are driving rapid changes in the
-1-1 centers. The E9-1-1 system relies heavily on land line phone service
providers to share location data with 9-1-1 centers. As the telecommunication
landscape continues to evolve, local 9-1-1 centers will be required to utilize internally
generated information in addition to any data that may continue to be provided by phone
service providers.
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In order to standardize these changes, a series of protocols collectively referred to as
Next Generation 9-1-1 or NG9-1-1 have been developed. Over time, the NG9-1-1
system will replace the current E9-1-
implementation of NG9-1-1, enhanced, and better integrated mapping data is needed.
The Virginia Information Technology Agency Public Safety Access Point (PSAP)
program grant project will integrate critical 9-1-1 mapping data across Roanoke County
and the Cities of Roanoke and Salem. This project will verify and correct address point
information, emergency service call areas, and roadway network centerline information.
Having this information in a seamless web based mapping format will all users across
all three jurisdictions to easily access data across boundaries and better integrate
emergency response.
DISCUSSION:
This project is the result of a grant application by Roanoke County GIS staff. The
project will be advertised, awarded, and managed by Roanoke County staff. This
project will enhance 9-1-1 services to County citizens as they move throughout the
Roanoke valley.
FISCAL IMPACT:
Awarded grant funds total $166,259. No local matching funds are required.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of this ordinance and scheduling of the
second reading on July 19, 2016.
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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 28, 2016
ORDINANCE ACCEPTING AND APPROPRIATING GRANT FUNDS IN
THE AMOUNT OF $166,259 FROM THE VIRGINIA INFORMATION
TECHNOLOGY AGENCY PUBLIC SAFETY ACCESS POINT (PSAP)
GRANT PROGRAM
WHEREAS, the Virginia Information Technology Agency has provided funding for
several Public Safety Access Point grants throughout the Commonwealth; and
WHEREAS, advances in location technology offer an opportunity to streamline
regional data management and access; and
WHEREAS, the Roanoke County Department of Communications and Information
Technology has been awarded a grant from the Virginia Information Technology Agency
Public Safety Access Point Grant Program
WHEREAS, these funds are specific to creating and establishing a regional
dataset used by Roanoke County, the City of Roanoke, and the City of Salem Public
Safety Access Points; and
WHEREAS, the grant will provide $166,259 in state funds and does not require a
County match; and
WHEREAS, this project will support PSAP readiness for future technology and
enhance the current efficiency of each PSAP; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on June 28, 2016, and the
second reading was held on July 19, 2016.
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BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $166,259 is hereby accepted and appropriated from the
Virginia Information Technology Agency to the Department of
Communications and Information Technology; and
2. That this ordinance shall take effect from and after the date of adoption.
Page 2 of 2
ACTION NO.
ITEM NO. G.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
Ordinance authorizing and approving amendment of a Lease
Agreement between Roanoke County and GrainComm, Inc.
for a communications facility on Barrens Road, adjacent to
the Hollins Fire Station
SUBMITTED BY:
Rob Light
Acting Director of General Services
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
Approval of an amendment to the 2004 lease between the County and PCS Alliance,
following the acquisition of PCS Alliance by GrainComm.
BACKGROUND:
In 2004, the County entered into a lease with PCS Alliance ("NTELOS") whereby
NTELOS leased approximately 3,400 square feet of land for a cell tower adjacent to the
Hollins Fire Station. In addition to monthly rental fees, NTELOS also agreed to pay the
County a portion of the revenues derived from sub-leases to other wireless
communications companies.
GrainComm, a private equity firm, acquired NTELOS in 2015. In addition to changing
the name of the party to the lease, GrainComm is requesting modifications to the lease.
The requested modifications are related to the company's ability to privately finance the
cell tower and do not substantively alter the terms and conditions of the lease with the
County.
DISCUSSION:
Paragraph 14 of the original lease sets forth the conditions under which the County
must approve any assignment of the
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NTELOS by GrainComm does not, by itself, constitute an assignment of the lease that
would require Board action. However, the proposed modifications to the lease related
to financing, while not inconsistent with the terms of the existing lease, trigger the
requirement for Board review and approval. Specifically, GrainComm requests the
County consent to an assignment by GrainComm of a lien and security interest in its
rtgagee (leasehold lender). The
primary modification is that GrainComm is granting its lender a right to attach or levy
Further, during the course of negotiations with GrainComm, the County took the
opportunity to add some additional language to the lease amendment to facilitate clean-
up and restoration efforts on the site for those occasions when GrainComm or any of its
sublessees or agents enter the site to install or repair equipment. This amendment will
serve to protect the interests of the County fire station and surrounding property.
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of this ordinance and scheduling the
second reading for July 19, 2016.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, JUNE 28, 2016
ORDINANCE AUTHORIZING AND APPROVING AMENDMENT OF A
LEASE AGREEMENT BETWEEN ROANOKE COUNTY AND
GRAINCOMM, INC. FOR A COMMUNICATIONS FACILITY ON
BARRENS ROAD, ADJACENT TO THE HOLLINS FIRE STATION
WHEREAS, in 2004, Roanoke County entered into a ground lease for
approximately 3,400 square feet of property on Barrens Road in Northwest County,
adjace
installing a wireless communications tower; and
WHEREAS, the terms of the lease provide substantial revenue for the County both
in rent from the ground lease tenant and from the tenants sub-lessees through revenue-
sharing provisions in the lease and such proposed amendments will not affect the
revenues received by the County; and
WHEREAS, the successor-in-interest to NTELOS is GrainComm, a private equity
firm; and
WHEREAS, GrainComm has requested amendment of the terms of the lease to
reflect its interest in the lease and to facilitate financing for its operations; and
WHEREAS, the requested amendment to the lease does not affect the substantive
rights of the County or the substantive obligations of GrainComm under the lease; and
WHEREAS, the County also modified a term of the lease to facilitate the tenant
and sub-lessees keeping the property free of debris that might otherwise wash onto or
spill over onto the Hollins Fire Station after routine installation and maintenance activities;
and
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WHEREAS
amendments be approved by the Board of Supervisors; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on June 28, 2016,
and the second reading was held on July 19, 2016.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. The 2004 ground lease between Roanoke County and PCS Alliance be amended
to reflect GrainComm as the successor in interest to PCS Alliance and that such
other amendments as requested by the County and GrainComm be approved.
2. That the County Administrator or an Assistant County Administrator is hereby
authorized to execute a lease agreement on behalf of the Board of Supervisors of
Roanoke County and to execute such other documents and take such further
actions as are necessary to accomplish this transaction, all of which shall be upon
form and subject to the conditions by the County Attorney.
3. That this ordinance shall be effective on and from the date of its adoption.
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Site ID: 2046-VA-0077
County: Roanoke County / Virginia
Tax Parcel ID: being a portion of 027.13-04-01.00-0000
AMENDMENT 1 TO TOWER LEASE AGREEMENT
made this _____ day of _________________, 20165, by the Board of Supervisors of
Roanoke County, Virginia , as Landlord, whose mailing address is P.O.
Box 29800, Roanoke, Virginia 24018; and GRAINCOMM I, LLC, a Delaware limited
Blvd., #200, Sarasota, FL 34236.
RECITALS
WHEREAS, Landlord and Tenant are the current parties under that certain Option
and Lease Agreement, dated November 11, 2004, originally between Landlord, as
landlord, and VIRGINIA PCS ALLIANCE, L.C., a Virginia limited liability company, as
tenant, as assigned (as assigned, and as the same may be amended and assigned from
Assignment and Assumption of
Ground Lease, dated March 12, 2015, recorded in Instrument Number 201503202, in the
ffice of Roanoke County, Virginia;
WHEREAS, the Lease pertains to land and improvements thereon, the location of
which is more particularly described in the Lease; and
WHEREAS, Landlord and Tenant desire to, among other things, ratify and confirm
rest in the Lease, to provide for certain rights to a Leasehold Lender (defined
below), and to amend the legal descriptions of the Leased Property and Easements (all
as defined in the Lease).
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the sum of $10.00, the mutual
covenants contained herein, as well as other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the Landlord and Tenant hereby agree
as follows:
The Recitals hereinabove are true and correct and are incorporated herein
1.
by this reference.
Landlord hereby acknowledges, ratifies, and confirms Tenant's interest in
2.
and to the Lease.
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Each of Landlord and Tenant hereby certifies to the other that the Lease is
3.
in full force and effect, and that as of the date hereof, there are no current defaults or
breaches under the Lease by the other party. Further, Tenant and Landlord are not aware
of any events which have occurred which, with the passage of time or service of notice,
or both, would constitute a default under the Lease. Each of Tenant and Landlord further
hereby certifies to the other that it has full right to execute and deliver this instrument.
The terms and provisions of the Lease are hereby restated and incorporated
4.
herein by this reference, amended only as more particularly described hereafter.
Landlord consents to the granting or assignment by Tenant of a lien and
5.
and fixtures, including any sublease, attached or otherwise pertaining to the real property
nterest.
Landlord agrees to recognize Leasehold Lender as Tenant hereunder upon any such
exercise by Leasehold Lender of its rights of foreclosure.
Landlord agrees that a Leasehold Lender under any loan secured by a
6.
mortgage (or deed of trust) lien on
(or any successor to such Grain Party by foreclosure or otherwise), interest in the Lease
(each, as amended or modified from time to time,
of the rights of the Grain Party under the Lease, including the right to exercise any renewal
options or purchase options set forth in the Lease, and to assign the Lease in accordance
with the provisions set forth in the Lease.
Provided that Grain Party or Leasehold Lender provides Landlord with
7.
Landlord shall deliver to the Leasehold Lender (at the address designated in writing to
Landlord) a copy of any default notice given by Landlord to the Grain Party under the
Lease. No default notice from Landlord to the Grain Party shall be deemed effective
against Leasehold Lender unless received by Leasehold Lender.
Landlord hereby agrees that upon an event of default under the loan
8.
documents between Grain Party and Leasehold Lender or the Lease, Leasehold Lender
shall be fully entitled to exercise its rights against the collateral prior to the exercise by
the Landlord of any rights which it may have therein, including, but not limited to, entry
lien and security interest.
If the Grain Party defaults on any monetary obligations under the Lease,
9.
Leasehold Lender shall have the right to cure within thirty (30) days after Leasehold
-monetary defaults, Landlord shall not
terminate the Lease so long as the Leasehold Lender is diligently pursuing a cure for the
default, provided however that any default must be cured within sixty (60) days of
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curing such non-monetary default
requires possession of property, then Landlord agrees to give the Leasehold Lender sixty
(60) days use of the property to effectuate said cure pursuant to the terms outlined more
fully in the Lease.
If the Lease is terminated for any reason, or otherwise rejected in
10.
bankruptcy, Landlord will enter into a new lease with Leasehold Lender on the same terms
as the Lease, so long as the Leasehold Lender pays all past due amounts under the
Lease within 30 days of notice of such termination and cures any then-existing defaults.
The legal descriptions of the Leased Property and Easements currently
11.
contained in Attachment "A" to the Lease are hereby deleted in their entirety and the new
legal descriptions contained to include only such in Exhibit "A," attached hereto and
incorporated herein by this reference, are hereby substituted therefor (for all purposes
herein, the Leased Property and Easements described in the attached Exhibit "A" shall
hereafter collectively be de
The survey shown on Exhibit "A-1," attached hereto and incorporated herein
12.
by this reference, accurately depicts, among other things, the Site (for all purposes herein,
the Exhibit "A-1" survey shall now be considered the ) and replaces
and supersedes any other survey of the Site currently attached to the Lease.
Notwithstanding anything to the contrary contained in this Agreement or in the Survey,
Landlord hereby agrees that the Leased Property includes, without limitation, the portion
existing fixtures, improvements or other facilities serving the Leased Property are located
as of the date of this Agreement.
Landlord also hereby grants and conveys to Tenant, non-exclusive
13.
unconditional vehicular and pedestrian ingress and egress seven (7) days a week,
twenty-four (24) hours a day, together with non-exclusive rights to operate and maintain
overhead and underground electric, water, gas, sewer, telephone, fiber optic, and other
without disruption by others of the use thereof, and the rights to reconstruct, improve,
alter, inspect, construct, install, lease, license, relocate, maintain, repair, add to, enlarge,
change and remove such facilities, over, under, across and through the Access and Utility
Easement Property, for the benefit of and access to the Leased Property. Tenant
acknowledges that Landlord maintains a public fire and rescue station adjacent to the
parcel depicted on Exhibit A. Tenant agrees that its exercise of such rights of ingress
and egress shall in no way adversely affect Landlordor Landlor
public safety facility, and that any damage, substantive or cosmetic,
exercise of its right of ingress and egress shall be promptly repaired and remediated.To
the extent that any public or private utility is currently providing a service to or utilizing the
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Leased Property without an easement, the Lease further provides for and Landlord
hereby grants non-exclusive easement(s) to such public or private utilities on, over, under,
across and through the portions of the Landlor
such public or private utility, for the benefit of the Leased Property.
Landlord acknowledges that Tenant may obtain title insurance on its interest
14.
t efforts and cooperate
with Tenant and to perform such acts and execute such documents as may be reasonably
requested in connection therewith.
Any notice, document or payment required or permitted to be delivered or
15.
remitted hereunder or by law shall be (a) in writing, (b) made to a party at their respective
address below or to such other address as they shall have hereafter specified by written
notice delivered in accordance herewith and (c) be deemed to be given or made if by
nationally recognized overnight courier service and, if by United States mail, postage
prepaid, certified or registered, return receipt requested, five (5) days after mailing:
LANDLORD: The Board of Supervisors of Roanoke
County, Virginia
P.O. Box 29800
Roanoke, VA 24018
TENANT:GrainComm I, LLC
100 North Washington Blvd.
Suite 201
Sarasota, FL 34236
Attn: Legal Department
Except as modified herein, all of the terms, covenants and conditions of the
16.
Lease are hereby ratified and confirmed, and shall be and remain in full force and effect.
Defined terms used herein without definition shall have the meaning given to them in the
Lease. This Agreement may be executed in counterparts, each of which shall constitute
an original instrument. To the extent there is any discrepancy between the Lease and
this Agreement, this Agreement shall control.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of
the date first above written.
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LANDLORD:
The Board of Supervisors of
Roanoke County, Virginia
By:
Name:
Its:
TENANT:
GrainComm I, LLC,
a Delaware limited liability company
By:
Name:
Its:
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SITE - Legal Descriptions
Leasehold (tower area)
ALL THAT CERTAIN PARCEL OF LAND LYING IN THE TOWN OF HOLLINS, COUNTY
OF ROANOKE, COMMONWEALTH OF VIRGINIA, DESCRIBED IN DEED BOOK 1115
PAGE 36, FURTHER DESCRIBED AS:
COMMENCING FROM AN EXISTING IRON PIPE FOUND ON THE NORTHEASTERN
MOST PROPERTY CORNER OF
FOR A DISTANCE OF 22.89 FEET TO THE POINT OF BEGINNING; THENCE, S 26°
45' 11" W FOR A DISTANCE OF 63.40 FEET TO A POINT; THENCE, N 38° 46' 54" W
FOR A DISTANCE OF 72.72 FEET TO A POINT; THENCE, N 26° 45' 11" E FORA
DISTANCE OF 33.28 FEET TO A POINT; THENCE, S 63° 14' 49" E FOR A DISTANCE
OF 66.19 FEET TO THE POINT OF BEGINNING, CONTAINING 3200 SQFT -AND- 0.07
ACRES.
Together with non-exclusive easements for access and utilities over the following
Access and Utility Easement Property:
ALL THAT CERTAIN PARCEL OF LAND LYING IN THE TOWN OF HOLLINS, COUNTY
OF ROANOKE, COMMONWEALTH OF VIRGINIA, DESCRIBED IN DEED BOOK 1115
PAGE 36, FURTHER DESCRIBED AS:
COMMENCING FROM AN EXISTING IRON PIPE FOUND ON THE NORTHEASTERN
FOR A DISTANCE OF 82.75 FEET TO THE POINT OF BEGINNING; THENCE, S 51°
26' 02" W FOR A DISTANCE OF 13.36 FEET TO A POINT; THENCE, S 21° 22' 23" E
FOR A DISTANCE OF 66.85 FEET TO A POINT; THENCE, S 26° 37' 43" W FOR A
DISTANCE OF 178.47 FEET TO A POINT ON THE NORTHERN RIGHT OF WAY OF
BARRENS ROAD; THENCE ALONG SAID RIGHT OF WAY, N 63° 22' 17" W FOR A
DISTANCE OF 20.00 FEET TO A POINT; THENCE DEPARTING SAID RIGHT OF WAY,
N 26° 37' 43" E FOR A DISTANCE OF 169.56 FEET TO A POINT; THENCE, N 21° 22'
23" W FOR A DISTANCE OF 72.69 FEET TO A POINT; THENCE, N 51° 25' 39" E FOR
A DISTANCE OF 28.03 FEET TO A POINT; THENCE, S 38° 46' 54" E FOR A DISTANCE
OF 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 5274 SQFT -AND- 0.12
ACRES.
67
Page of
-1
SURVEY
\[Attach survey.\]
77
Page of
NOTE TO CLERK: THIS IS AN AMENDMENT OF A MEMORANDUM OF LEASE
AGREEMENT FOR A LEASE OF A COMMUNICATIONS TOWER OR A
COMMUNICATIONS TOWER SITE ON WHICH RECORDING TAXES PURSUANT TO
SECTION 58.1-807.F OF THE CODE OF VIRGINIA OF 1950, AS AMENDED (THE
SECTION 58.1-809 OF THE CODE, NO ADDITIONAL RECORDING TAX SHALL BE
DUE UPON THE RECORDATION OF THIS INSTRUMENT.
Prepared by and Return to:
Grain Management, LLC.
Attn: Legal Department // YC
100 N. Washington Blvd., Ste. 200
Sarasota, Florida 34236
Site ID: 2046-VA-0077
County: Roanoke County / Virginia
Tax Parcel ID: being a portion of 027.13-04-01.00-0000
AMENDMENT 1 TO MEMORANDUM OF LEASE
This AMENDMENT 1 TO MEMORANDUM OF LEASE
this _____ day of _________________, 20165, by the Board of Supervisors of Roanoke
County, Virginia (, as Landlord, whose mailing address is P.O. Box 29800,
Roanoke, Virginia 24018, to be indexed as a grantor and a grantee; and GRAINCOMM I,
LLC, a Delaware limited liability company , as Tenant, whose mailing address
is 100 N. Washington Blvd., #200, Sarasota, FL 34236, to be indexed as a grantor and a
grantee.
RECITALS
WHEREAS, Landlord and Tenant are the current parties under that certain Option
and Lease Agreement, dated November 11, 2004, originally between Landlord, as
landlord, and VIRGINIA PCS ALLIANCE, L.C., a Virginia limited liability company, as
tenant, as assigned (as assigned, and as the same may be amended and assigned from
to Tenant pursuant to a certain Assignment and Assumption of
Ground Lease, dated March 12, 2015, recorded in Instrument Number 201503202, which
Lease is evidenced by that certain Memorandum of Lease Agreement, recorded on March
30, 2005, in Instrument Number 200504640, all in th of Roanoke County,
Virginia ; and
WHEREAS, the Lease pertains to land and improvements thereon, the location of
which is more particularly described in the Lease; and
Page 1 of 6
WHEREAS, Landlord and Tenant have entered into a certain Amendment 1 to
Tower Lease Agreement under which Landlord and Tenant, among
other things, provided for certain
rights to a Leasehold Lender (as defined in the Amendment), and amended the legal
descriptions of the Leased Property and Easements (all as defined in the Lease); and
WHEREAS, Landlord and Tenant desire to provide record notice of the
Amendment by the recording of this
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the sum of $10.00, the mutual
covenants contained herein, as well as other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the Landlord and Tenant hereby agree
as follows:
The Recitals hereinabove are true and correct and are incorporated herein
1.
by this reference.
The legal descriptions of the Leased Property and Easements currently
2.
contained in Attachment "A" to the Memorandum are hereby deleted in their entirety and
the new legal descriptions contained to include only such in Exhibit "A," attached hereto
and incorporated herein by this reference, are hereby substituted therefor (for all
purposes herein, the Leased Property and Easements described in the attached Exhibit
"A" shall hereafter collectively be deemed to be
Landlord agrees that Tenant has furnished a copy of a metes and bounds
3.
survey of the Property to Landlord, that Landlord has reviewed and approved the survey
and that the cropped depiction of the Site -
attached hereto and that the legal descriptions of the Site as shown on the survey are
described on Exhibidepiction of the Site
currently contained in the Attachments or Exhibits to the Memorandum are hereby deleted
in their entirety and the new depiction shown on Exhibit "A-1," attached hereto and
incorporated herein by this reference, accurately depicts, among other things, the Site
and replaces and supersedes any other survey or depiction of the Site currently attached
to the Memorandum. Tenant maintains a copy of the survey at its office.
The parties hereby consent to the recording of this Agreement in the
4.
and agree that this Agreement shall be executed in recordable
form. To the extent there is any discrepancy between the Memorandum and this
Agreement, this Agreement shall control. This Agreement may be executed in
counterparts, each of which shall constitute an original instrument.
\[EXECUTION BEGINS ON THE NEXT PAGE\]
Page 2 of 6
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of
the date first above written.
LANDLORD:
The Board of Supervisors of Roanoke
County, Virginia
By:
Name:
Its:
STATE OF
COUNTY OF
Personally appeared before me, the undersigned authority in and for the said
county and state, on this ____ day of _______________, 20165, within in my jurisdiction,
the within named _________________________ who acknowledged that (he) (she) is
the _________________________ of the Board of Supervisors of Roanoke County,
Virginia, and that for and on behalf of the said Board of Supervisors of Roanoke County,
Virginia, and as its act and deed (he) (she) executed the above and foregoing instrument,
after first having been duly authorized by said Board of Supervisors of Roanoke County,
Virginia so to do. (He) (She) personally known to me or has/have produced
_____________________ (type of identification) as identification.
NOTARIAL SEAL
Print Name:
Notary State of
Serial / Commission #:
Expires:
\[EXECUTION CONTINUES ON THE NEXT PAGE\]
Page 3 of 6
TENANT:
GrainComm I, LLC,
a Delaware limited liability company
By:
Name:
Its:
STATE OF FLORIDA
COUNTY OF SARASOTA
Personally appeared before me, the undersigned authority in and for the said
county and state, on this ____ day of _______________, 20165, within in my jurisdiction,
the within named _________________________ who acknowledged that (he) (she) is
the _________________________ of GrainComm I, LLC, a Delaware limited liability
company and that for and on behalf of the said company, and as its act and deed (he)
(she) executed the above and foregoing instrument, after first having been duly
authorized by said company so to do. (He) (She) is personally known to me or has/have
produced _____________________ (type of identification) as identification.
NOTARIAL SEAL
Print Name:
Notary State of
Serial / Commission #:
Expires:
Page 4 of 6
SITE - Legal Descriptions
Leasehold (tower area)
ALL THAT CERTAIN PARCEL OF LAND LYING IN THE TOWN OF HOLLINS, COUNTY
OF ROANOKE, COMMONWEALTH OF VIRGINIA, DESCRIBED IN DEED BOOK 1115
PAGE 36, FURTHER DESCRIBED AS:
COMMENCING FROM AN EXISTING IRON PIPE FOUND ON THE NORTHEASTERN
MOST PROPERTY CORNER OF
FOR A DISTANCE OF 22.89 FEET TO THE POINT OF BEGINNING; THENCE, S 26°
45' 11" W FOR A DISTANCE OF 63.40 FEET TO A POINT; THENCE, N 38° 46' 54" W
FOR A DISTANCE OF 72.72 FEET TO A POINT; THENCE, N 26° 45' 11" E FORA
DISTANCE OF 33.28 FEET TO A POINT; THENCE, S 63° 14' 49" E FOR A DISTANCE
OF 66.19 FEET TO THE POINT OF BEGINNING, CONTAINING 3200 SQFT -AND- 0.07
ACRES.
Together with non-exclusive easements for access and utilities over the following
property:
ALL THAT CERTAIN PARCEL OF LAND LYING IN THE TOWN OF HOLLINS, COUNTY
OF ROANOKE, COMMONWEALTH OF VIRGINIA, DESCRIBED IN DEED BOOK 1115
PAGE 36, FURTHER DESCRIBED AS:
COMMENCING FROM AN EXISTING IRON PIPE FOUND ON THE NORTHEASTERN
MOST PROPERTY CORNER OF THE P
FOR A DISTANCE OF 82.75 FEET TO THE POINT OF BEGINNING; THENCE, S 51°
26' 02" W FOR A DISTANCE OF 13.36 FEET TO A POINT; THENCE, S 21° 22' 23" E
FOR A DISTANCE OF 66.85 FEET TO A POINT; THENCE, S 26° 37' 43" W FOR A
DISTANCE OF 178.47 FEET TO A POINT ON THE NORTHERN RIGHT OF WAY OF
BARRENS ROAD; THENCE ALONG SAID RIGHT OF WAY, N 63° 22' 17" W FOR A
DISTANCE OF 20.00 FEET TO A POINT; THENCE DEPARTING SAID RIGHT OF WAY,
N 26° 37' 43" E FOR A DISTANCE OF 169.56 FEET TO A POINT; THENCE, N 21° 22'
23" W FOR A DISTANCE OF 72.69 FEET TO A POINT; THENCE, N 51° 25' 39" E FOR
A DISTANCE OF 28.03 FEET TO A POINT; THENCE, S 38° 46' 54" E FOR A DISTANCE
OF 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 5274 SQFT -AND- 0.12
ACRES.
Page 5 of 6
-1
CROPPED DEPICTION OF SITE
Page 6 of 6
ACTION NO.
ITEM NO. H.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
Ordinance to appropriate funds in the amount of $800,000
from the Commonwealth of Virginia to the Department of
Social Services General Fund budget for fiscal year 2015-
2016
SUBMITTED BY:
Christopher Bever
Director of Management and Budget
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
Appropriation of $800,000 to the Department of Social Services for reimbursable
expenditures incurred in mandated foster care and adoption subsidy programs.
BACKGROUND:
As part of the annual budget process, revenue estimates are made regarding state and
federal revenues budgeted in the County's General Fund for expenditures associated
with reimbursable foster care and adoption subsidy programs. Over the last several
years, program demand and costs have exceeded budget estimates of revenues and
expenditures.
In an attempt to reduce mid-year appropriations, the Department of Social Services
budgeted an additional $1.1 million in the approved fiscal year 2016 budget. However,
with the significant increases in the number of children served through foster care or
adoption subsidies, an additional fiscal year 2016 appropriation of $800,000 is required.
DISCUSSION:
The appropriation of additional revenue is associated with two (2) Department of Social
Services programs, Title IV-E foster care and State and Federal adoption subsidy
payments.
Page 1 of 2
For foster children found to be eligible, Title IV-E funds are used to provide for the
expenses of maintaining children in a foster home environment. The incidence of
children in foster homes is increasing and as a result the number of children who
receive Title IV-E foster care funding has increased. For, fiscal year 2016 the number
of children receiving Title IV-E is 35% more than in fiscal year 2014.
If a foster child cannot be returned home or placed with family or friends, an effort is
made to find them a permanent home, preferably through adoption. Adoption subsidies
are available for families who adopt children with special needs. Similar to County
experience with the Title IV-E program, the number of families receiving adoption
subsidies is also increasing. In fiscal year 2016, the number of children receiving
federal adoption subsidies is 28% higher than in 2014. Despite increases, Roanoke
County continues to experience one of the best adoption rates in the state. For fiscal
year 2014, the County ranked 19th in the state out of 134 localities in the number of
children adopted. For fiscal year 2015, only Fairfax County had more adoptions than
Roanoke County.
There have been no changes from the firsts reading on June 14, 2016.
FISCAL IMPACT:
The assistance programs funded by this appropriation are federally mandated and fully
funded by federal pass-through and state funds. Failure to appropriate funds for the
assistance programs would require the County to fund these services with local funds.
STAFF RECOMMENDATION:
Staff recommends approval of this ordinance.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JUNE 28, 2016
ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $800,000
FROM THE COMMONWEALTH OF VIRGINIA TO THE DEPARTMENT OF
SOCIAL SERVICES GENERAL FUND BUDGET FOR FISCAL YEAR 2015-
2016.
WHEREAS, The Department of Social Services receives, throughout the year,
additional funding for public assistance programs and services delivery; and
WHEREAS, for fiscal year 2015-2016 the Department of Social Services is
anticipated to receive $800,000 in additional funding for foster care and adoption subsidies
to offset expenditures incurred by Roanoke County for delivering these services; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on June 14, 2016, and the
second reading was held on June 28, 2016.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,as
follows:
1. That the sum of $800,000 is hereby appropriated from the Commonwealth of
Virginia to the Department of Social Services budget for fiscal year 2015-2016 for
assistance programs; and
2. That this ordinance shall take effect from and after the date of adoption.
Page 1 of 1
ACTION NO.
ITEM NO. H.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
Ordinance accepting and appropriating funds in the amount
of $10,000 from the Virginia Commission for the Arts (VCA)
for the Local Government Challenge Grant for fiscal years
2014-2015 and 2015-2016
SUBMITTED BY:
Christopher Bever
Director of Management and Budget
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
Appropriation of $10,000 received in fiscal years 2014-2015 and 2015-2016 from the
Virginia Commission for the Arts (VCA) for the Local Government Challenge Grant.
BACKGROUND:
The Local Government Challenge Grant program was developed by the VCA to
encourage local governments to support the arts. The VCA will match up to $5,000 of
any donation the County makes to qualified art organizations in the Roanoke Valley.
Roanoke County has been a recipient of this grant since 2001.
This appropriation of $10,000 includes both fiscal year 2014-2015 and 2015-2016
awards. The award from the Local Government Challenge Grant was received by the
County in fiscal year 2014-2015. However, it was determined by County staff that the
award was not appropriated by the Board of Supervisors, and the award funds were not
distributed to the eligible agencies. This ordinance formally appropriates the award
funds received in both fiscal year 2014-2015 and 2015-2016.
DISCUSSION:
The organizations identified by the County as meeting the qualifications for the award in
both fiscal years 2014-2015 and 2015-2016 include: the O. Winston Link Museum, Mill
Page 1 of 2
Mountain Theatre, and the Roanoke Symphony Orchestra. In both the fiscal year 2014-
2015 and 2015-2016 budgets, the Board of Supervisors approved an appropriation of
$4,200 for the Historical Society of Western VA - O. Winston Link Museum, $1,200 for
Mill Mountain Theatre, and $3,700 for the Roanoke Symphony Orchestra. Staff,
therefore, applied for the maximum grant allocation of $5,000 and was awarded the full
amount for both fiscal years.
The required County match was appropriated by the Board of Supervisors as part of the
adoption of the annual budget ordinance for both fiscal years, and the County funds
have been distributed to the organizations. The table below provides details on the
County appropriations already distributed and VCA grant awards to be distributed for
each fiscal year.
FY 2014-2015 FY 2015-2016
Organization FY 2014-2015 FY 2015-2016
VCA Grant VCA Grant
County County
Award Award
Budget Budget
O. Winston Link $4,200 $1,667 $4,200 $1,667
Museum /
Historical
Society of
Western VA
Mill Mountain $1,200 $1,666 $1,200 $1,667
Theater
Roanoke $3,700 $1,667 $3,700 $1,666
Symphony
Orchestra
There have been no changes since the first reading held on June 14, 2016.
FISCAL IMPACT:
The required County match for the awards was included as part of the annual budget
ordinances approved by the Board of Supervisors. There is no additional fiscal impact to
the County with the appropriation of these awards from the VCA.
STAFF RECOMMENDATION:
Staff recommends approval of this ordinance.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JUNE 28, 2016
ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE
AMOUNT OF $10,000 FROM THE VIRGINIA COMMISSION FOR THE
ARTS (VCA) FOR THE LOCAL GOVERNMENT CHALLENGE GRANT
FOR FISCAL YEARS 2014-2015 AND 2015-2016
WHEREAS, Roanoke County applied for and was awarded a Local Government
Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000 for both
fiscal year 2014-2015 and fiscal year 2015-2016; and
WHEREAS, the Local Government Challenge Grant is awarded for the purpose of
supporting Roanoke Valley arts organizations; and
WHEREAS, the Board of Supervisors, through the annual budget appropriation
ordinances in fiscal year 2014-2015 and fiscal year 2015-2016 has provided the required
County match for the Local Government Challenge Grant; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on June 14, 2016, and the
second reading was held on June 28, 2016.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $10,000 is hereby appropriated from the Virginia
Commission for the Arts from the Local Government Challenge Grant to Roanoke County
for the purpose of supporting Roanoke Valley arts agencies; and
2. That this ordinance shall take effect from and after the date of adoption.
Page 1 of 1
ACTION NO.
ITEM NO. H.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
Ordinance authorizing and approving execution of a lease
agreement with the Roanoke County Schools for space
located at 4850 Brambleton Avenue (on Cave Spring School
Campus) to be used as a police substation known as the
South County Substation
SUBMITTED BY:
RuthEllen Kuhnel
County Attorney
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
Ordinance authorizing an agreement between Roanoke County and the Roanoke
County Public Schools for the lease of a facility to house the South County Police
Substation.
BACKGROUND:
The Roanoke County Police Department desires to relocate its South County Police
Substation from its existing modular structure located at 3330 Valley Forge Avenue to a
building owned by the Roanoke County Schools located at 4850 Brambleton Avenue on
the campus of Cave Spring Elementary and Middle School. The current South County
Police Substation is a 960 square foot, double-wide modular style building that is
approximately 45 years old. The structure was re-purposed as a Police substation.
The current substation facility has exceeded its useful life and is in a deteriorated
condition. Further, the existing 960 square foot space is insufficient to meet the
operational needs of the Police Department. The overall structure of the building is in
poor condition and a survey of the building has raised questions regarding the structural
integrity of the foundation that would need to be explored if use of the facility is to
continue.
Page 1 of 3
Police Department and General Services staff have previously proposed relocation or
renovation of the existing Police substation due to the poor condition of the facility.
Funding constraints and the need to prioritize capital investments have not permitted
the renovation/relocation of the substation to be included in the Capital Improvement
Program.
DISCUSSION:
The proposed site for relocation of the Police Substation is a building of approximately
3,600 square feet comprised of approximately 1,800 square in finished space and 1,800
of unfinished storage space. The building was constructed in 1998. The facility is
located on the campus of the Cave Spring Elementary and Middle School and offers
both sufficient office space for Police Department operations as well as additional
options for equipment storage for both the Police Department and other county
departments. The Roanoke County Public Schools have determined they have no need
for the facility in the foreseeable future and they have indicated their interest in having a
Police substation located in close proximity to schools.
Roanoke County Administration and Roanoke County School personnel have
negotiated a thirty-year lease term for the facility with the first ten years guaranteed. In
notice. The proposed agreement includes an annual rental rate of $10.00 per year.
Additionally, the County has agreed to maintain the facility during its term of occupancy.
Roanoke County Schools will maintain the exterior grounds. Details are included in the
attached lease terms.
Utilization of this location provides a more cost effective opportunity to address the
ongoing need for a South County Police substation at a lower new investment than
would be required to remain in the current facility or relocate to a new facility.
There have been no changes from the first reading of this ordinance on June 14, 2016.
FISCAL IMPACT:
An annual rental rate of $10 per year for the life of the agreement, costs associated with
the relocation of operations to the new facility, and expenses associated with interior
renovations necessary for use as a Police Substation.
General Services has completed a thorough inspection of the facility has determined the
building is in good condition. Ongoing facility maintenance costs required as part of the
lease agreement will be provided through the County's capital maintenance project.
Pending Board of Supervisors approval of the lease agreement, staff will develop a plan
and cost estimates for relocation and minor interior renovations of the facility to
Page 2 of 3
accommodate Police operations. Staff is pursuing authority to utilize Forfeited Asset
funds for relocation and up-fit costs. It is expected that no General Fund monies will be
required for these purposes.
Relocation to the Cave Spring school site will avoid significant cost for the renovation
and/or rehabilitation of the existing Police substation facility. Preliminary estimates for
renovation of the existing facility at its current location are approximately $250,000 -
$300,000, although staff does not recommend further investment in this facility.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of this ordinance to approve the lease
agreement with Roanoke County Public Schools and scheduling the second reading for
June 28, 2016.
Page 3 of 3
LEASE
This LEASE AGREEMENT, made and entered into this ___ day of _______
2016, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY
(hereinafter referred to as "County"), and the SCHOOL BOARD OF ROANOKE
COUNTY, (hereinafter referred to as "School Board").
W I T N E S S E T H:
That for and in consideration of these mutual covenants and conditions, the
School Board Leases to the County and the County accepts and hires from the School
Board, the below described premises on the following terms and conditions:
1. The School Board agrees to Lease to the County, in accordance with the
terms and conditions set forth in this Lease agreement, certain real property situated at
4850 Brambleton Avenue Drive in Roanoke County Virginia, 24018, more commonly
referred to as the Janus Learning Center. The property is more particularly described as
follows and hereinafter collectively referred to as the Premises, to-wit: a building
located at 4850 Brambleton Avenue on the parcel identified as Roanoke County Tax
Map Number 086.12-02-18.00-0000, located in the Cave Spring Magisterial District, the
adjacent parking lot, which contains thirteen parking spaces, and grounds for said
building.
2. The term of this Lease shall be for a period of thirty years, said term
commencing 1 July 2016 and continuing until 30 June 2046. However, after 1 July
2026, either party may terminate the Lease by providing written notice to the other party
one year prior to the anticipated termination.
3. The County shall pay as rent the sum of Ten Dollars per year for the term
of the Lease with the School Board.
4. County has had the opportunity to have the Premises inspected by an
architect and an engineer, and the County accepts and acknowledges receipt of the
Premises as of the commencement date of this Lease in -ondition.
5. The School Board makes no representation regarding the present or
future usability of the site for the County's intended purposes. Any governmental
permits, licenses, or authorization necessary to use the premises for the County's
purposes must be obtained by the County at the County's sole cost and expense.
6. During the term of this Lease, the School Board shall maintain the
surrounding property and the parking lot of the Premises, to include mowing and snow
removal. The County shall be responsible for all other maintenance and landscaping of
the building and grounds that constitute the Premises.
Page 1 of 4
7. It is understood and agreed by the parties that the Premises shall, during
the term of this Lease, be used for a Roanoke County Police Department auxiliary
district station. In order to achieve this intended use, the County may renovate,
construct, or otherwise modify the building for optimal use as
a law enforcement auxiliary district station. Upon expiration of this Lease or
abandonment of this property by the County, whichever shall occur later, the County will
surrender the Premises in good condition, free of trash. All of the County's equipment
placed on the premises shall remain personal property of the County, notwithstanding
the fact that it might otherwise be deemed fixtures. Should the County decide to
transfer ownership of any of the property to the School Board at the expiration of this
Lease, the County shall do so in the manner prescribed by the Code of Virginia and the
Roanoke County Code.
8. If, during the term of this lease, the Leased premises are damaged by fire,
flood, windstorm, strikes, riots, acts of public enemy, acts of God, or other casualty, so
that the same are rendered wholly unfit for human occupancy, then the County may
terminate this lease as of the date of such damage. In such case, the County shall
immediately surrender the Leased Premises to School Board, who may enter upon and
repossess the same and the County shall be relieved from further liability hereunder.
Following such surrender, all insurance or other indemnification obligations of the
County for the benefit of the School Board shall be null and void.
9. The County agrees that it shall maintain adequate insurance coverage for
any and all claims or losses of any kind that may arise during the term of this Lease.
The County shall maintain property insurance with regard to the real property that forms
the curtilage for the building at issue in this Lease. The County shall maintain business
personal property insurance on the contents, both owned and in its care, custody, and
control, and shall hold the School Board harmless against any and all liabilities, claims,
demands, actions, costs, and expenses of any kind and nature whatsoever, which may
be sustained by County by reason of County's occupancy of the premises.
The County assumes all risk of direct and indirect damage or injury to the
property or persons used or employed on or in connection with the property Leased,
and of all damage or injury to any person or property wherever located, resulting from
any action, omission, commission or operation under the Agreement.
The County shall maintain Comprehensive General Liability insurance against
any and all injuries to third parties, including bodily injury and personal injury, wherever
located, resulting from any action or operation under the Agreement or in connection
with the Leased premises.
The County shall provide copies of the applicable Certificates of Insurance to the
School Board and shall name the School Board as an additional insured on all
applicable policies of insurance for the building at issue in this Lease.
Page 2 of 4
10. Any notice to the parties may be given to the following addresses and
shall be effective upon deposit in the U. S. Postal system, certified mail with sufficient
postage affixed:
School Board County
Roanoke County School Board Board of Supervisors of Roanoke
5937 Cove Road County
Roanoke, VA24019 1206 Kessler Mill Road
Salem, VA 24153
With a copy to:
Roanoke County Attorney
Roanoke County Administration Center
P. O. Box 29800
Roanoke, VA 24018
11. (a) The Countys obligation to pay is subject to annual appropriations
being made for such purpose by the governing body of the County of Roanoke. The
County will perform all acts lawfully within its power to obtain and maintain funds from
which payments hereunder may be made, including making requests for appropriations
for such payments to the extent necessary in each fiscal year or annual budgets
submitted for the purpose of obtaining funding, and will do no act or make any
statement that will cause the disapproval of the appropriation.
(b) Any other provision of this Lease to the contrary, notwithstanding
this agreement, shall not constitute a debt of the County within the meaning of any
limitation on indebtedness of the County under the Constitution or laws of the
Commonwealth of Virginia, including the Charter of Roanoke County, Virginia. Failure of
the Board of Supervisors of Roanoke County, Virginia to appropriate funds in any year
for payment in full of the payments required herein, or any other provision of this Lease
during such year, shall terminate this Lease and render this Lease null and void without
further liability on the part of the County of any kind whatsoever, except for its obligation
to surrender possession of same to the School Board if, prior to or at such time of non-
appropriation, funds are not or have not been appropriated or are not available for the
purchase, Lease or rental of premises to perform a like function as the premises
described herein.
12. This Agreement represents the entire understanding between the parties
and may not be modified or changed except by written instrument executed by the
parties.
13. This Agreement shall be executed in duplicate, each of which shall
constitute an original.
Page 3 of 4
14. Thomas C. Gates, County Administrator of Roanoke County, Virginia,
hereby joins in the execution of this instrument to signify the acceptance and approval
by the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No.
____ adopted by said Board of Supervisors on the __ day of June, 2016.
WITNESS the following signatures and seals:
SCHOOL BOARD OF ROANOKE COUNTY
By (SEAL)
Approved as to form: BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
(SEAL)
Ruth Ellen Kuhnel Thomas C. Gates
County Attorney County Administrator
Commonwealth of Virginia,
County of Roanoke, to-wit:
The foregoing instrument was acknowledged before me this day of
______________________, 2016, by _______________________ on behalf of the
County School Board of Roanoke County.
___________________________________________
Notary Public
My commission expires: ________________________
Commonwealth of Virginia,
County of Roanoke, to-wit:
The foregoing instrument was acknowledged before me this day of
________________________, 2016, by Thomas C. Gates, County Administrator, on
behalf of the Board of Supervisors of Roanoke County, Virginia.
_________________________________________
Notary Public
My commission expires: ____________________________
Page 4 of 4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, JUNE 28, 2016
ORDINANCE AUTHORIZING AND APPROVING EXECUTION OF A
LEASE AGREEMENT WITH THE ROANOKE COUNTY SCHOOLS FOR
SPACE LOCATED AT 4850 BRAMBLETON AVENUE (ON CAVE
SPRING SCHOOL CAMPUS) TO BE USED AS A POLICE
SUBSTATION KNOWN AS THE SOUTH COUNTY SUBSTATION
relocate its South County Police Substation from its existing modular structure located
at 3330 Valley Forge Avenue to a building owned by the Roanoke County Schools
formerly known as the Janus Learning Center located on the Cave Spring
School Campus; and
WHEREAS, in conjunction with Roanoke Co
the RCPD, has determined that the current structure no longer meets the needs of the
substation and that significant costs would be required to either replace or retrofit the
existing 960 square foot, double-wide modular style building to accommodate a current
space need of 1,800 square feet; and
WHEREAS, on June 9, 2016, the Roanoke County School Board voted to
approve a new lease with Roanoke County since the RCS has no need for the space
and the former tenant has vacated the building; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on June14,
2016, and the second reading was held on June 28, 2016.
Page 1 of 2
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The lease of the building and grounds located at 4850 Brambleton Avenue
as well as the
adjacent parking lot consisting of approximately thirteen parking spaces for a
term of one (1) initial ten year term, with two (2), ten year options, beginning
July 1, 2016, for a rate of ten dollars ($10) per year.
2. That the County Administrator or an Assistant County Administrator is hereby
authorized to execute a lease agreement on behalf of the Board of
Supervisors of Roanoke County and to execute such other documents and
take such further actions as are necessary to accomplish this transaction, all
of which shall be upon form and subject to the conditions by the County
Attorney.
3. That this ordinance shall be effective on and from the date of its adoption.
Page 2 of 2
ACTION NO.
ITEM NO. I.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
Ordinance amending Article I (General Provisions), Article II
(Definitions and Use Types), Article III (District Regulations),
Article IV (Use and Design Standards) and Article V
(Development Standards of the Roanoke County Zoning
Ordinance)
SUBMITTED BY:
Philip Thompson
Deputy Director of Planning
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
Public hearing and second reading of an ordinance to amend the Roanoke County
Zoning Ordinance.
BACKGROUND:
Community Development staff continually works with the Planning Commission on
reviewing the County's development regulations and recommending amendments when
appropriate. The proposed amendments contained within this Ordinance represent
regular and routine updates to the Zoning Ordinance to ensure effectiveness, efficiency
and compatibility with State laws.
DISCUSSION:
Amendments are proposed for all five articles of the Roanoke County Zoning
Ordinance. Amendments to Article I (General Provisions) include changes to the
powers and duties of the Board of Zoning Appeals to be consistent with state law.
The amendments proposed for Article II (Definitions and Use Types) amend the
definition for residential chicken keeping to be consistent with changes the Board of
Supervisors approved last fall in the Animal & Fowl Chapter of the County Code. The
Page 1 of 2
definition for variance would also be amended to be consistent with state law. New
definitions would be added for bed and breakfast inn, country inn, and special events
facility as these are new uses being proposed in the Zoning Ordinance.
Changes to Article III (District Regulations) include allowing detached single family
homes to utilize the zero lot line option as a by-right use in the AR,
Agricultural/Residential District. Article III would also be amended to allow bed and
breakfast inn, country inn, and special events facility as a special use in the AG-3,
Agricultural/Rural Preserve District, AG-1, Agricultural/Rural Low Density District, and
the AV, Agricultural/Village Center District. These are all new uses that currently do not
exist in the Zoning Ordinance and they expand the lodging and hospitality possibilities in
the County.
With the additions mentioned in Article III, Use and Design standards (Article IV) would
be amended or added for single family dwelling, detached with zero lot line option, bed
and breakfast inn, country inn, and special events facility. Additional standards have
been developed for business or trade schools.
Article V (Development Standards) changes would remove Maximum Off-Street Parking
standards which are inconsistent with changes made to Stormwater Management
regulations. Amendments would also be made to the Bicycle Parking Standards to
make them optional versus mandatory.
The Planning Commission held a public hearing on these amendments on June 7,
2016. No citizens spoke on this issue during the public hearing. The Planning
Commission recommended approval of the proposed amendments.
There have been no changes since the first reading of this ordinance on June 14, 2016.
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors adopt the ordinance to amend the
Roanoke County Zoning Ordinance.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 28, 2016
ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS),
ARTICLE II (DEFINITIONS AND USE TYPES), ARTICLE III (DISTRICT
REGULATIONS), ARTICLE IV (USE AND DESIGN STANDARDS), AND
ARTICLE V (DEVELOPMENT STANDARDS) OF THE ROANOKE
COUNTY ZONING ORDINANCE
WHEREAS, the Planning Commission and Community Development staff have
identified multiple areas of the Zoning Ordinance in need of updating that have resulted
in the proposal of amendments to the Roanoke County Zoning Ordinance; and
WHEREAS, on June 7, 2016, after proper notice, the Roanoke County Planning
Commission held a public hearing on various amendments to the Zoning Ordinance and
recommended said amendments to the Board of Supervisors for adoption; and
WHEREAS, public necessity, convenience, general welfare, and good zoning
practice are valid public purposes for such recommendations by the Planning
Commission and action by the Board of Supervisors; and
WHEREAS, the first reading of this ordinance was held on June 14, 2016, and
the second reading and public hearing was held on June 28, 2016.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors as follows:
1. The Roanoke County Zoning Ordinance is hereby amended to read and
provide as follows:
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Note: Text additions are in red font. Text deletions are in red font and are struck through
ARTICLE I GENERAL PROVISIONS
SEC. 30-24. BOARD OF ZONING APPEALS.
Sec. 30-24-1. Powers and Duties.
(B) The BZA shall have the power and duty to authorize upon appeal or original
application in specific cases a variance from the terms of this ordinance as will
not be contrary to the public interest, when, owing to special conditions a literal
enforcement of this ordinance will result in unnecessary hardship. No such
variance shall be granted unless the spirit of the ordinance shall be observed and
substantial justice done. To legally grant a variance, the BZA must be presented
evidence and make a finding that:
Notwithstanding any other provision of law, general or special, to grant upon
appeal or original application in specific cases a variance as defined in § 15.2-
2201, provided that the burden of proof shall be on the applicant for a variance to
prove by a preponderance of the evidence that his application meets the
standard for a variance as defined in § 15.2-2201 and the criteria set out in this
section.
Notwithstanding any other provision of law, general or special, a variance shall
be granted if the evidence shows that the strict application of the terms of the
ordinance would unreasonably restrict the utilization of the property or that the
granting of the variance would alleviate a hardship due to a physical condition
relating to the property or improvements thereon at the time of the effective date
of the ordinance, and:
1. A property owner acquired the property in good faith and where by reason
of the exceptional narrowness, shallowness, size or shape of the property
at the time of the adoption of this ordinance, or where by reason of
exceptional topographic conditions or other extraordinary situation or
condition of the property, the strict application of this ordinance would
effectively prohibit, or unreasonably restrict the use of the property, or;
The property interest for which the variance is being requested was
acquired in good faith and any hardship was not created by the applicant
for the variance;
2. Due to the condition, situation, or development of immediately adjacent
property, the strict application of this ordinance would effectively prohibit,
or unreasonably restrict the use of the property, or;
The granting of the variance will not be of substantial detriment to
adjacent property and nearby properties in the proximity of that
geographical area;
3. That the granting of the variance will alleviate a clearly demonstrable
hardship, as distinguished from a special privilege or convenience sought
by the applicant.
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The condition or situation of the property concerned is not of so general or
recurring a nature as to make reasonably practicable the formulation of a
general regulation to be adopted as an amendment to the ordinance;
4. The granting of the variance does not result in a use that is not otherwise
permitted on such property or a change in the zoning classification of the
property; and
5. The relief or remedy sought by the variance application is not available
through a special use permit process that is authorized in this ordinance at
the time of the filing of the variance application.
All variances granted must be in harmony with the intended spirit and purpose of
this ordinance. Specifically, the BZA must find that the strict application of the
ordinance would produce undue hardship. This hardship must not be shared by
other properties in the same zoning district and in the same vicinity. The BZA
must find that the granting of the variance will not be of substantial detriment to
adjacent property and that the character of the district will not be changed by the
granting of the variance. Finally, the BZA must not grant a variance unless it finds
that the condition or situation of the property is not so general or recurring a
nature as to make reasonably practical the formulation of a general regulation to
be adopted as an amendment to this ordinance.
No variance request shall be evaluated considered by the BZA until after notice
and hearing as provided by section 15.2-2204 of the Code of Virginia, as
amended. In addition, posting of the property shall be required as provided for in
section 30-14-3 of this ordinance.
In granting a variance, the BZA may impose such conditions regarding the
location, character and other features of the proposed structure or use as it may
deem necessary in the public interest, and may require a guarantee or bond to
ensure that the conditions imposed are being and will continue to be complied
with.
Sec. 30-24-5. Certiorari to Review Decision of BZA.
(D) If upon the hearing, it shall appear to the court that testimony is necessary for the
proper disposition of the matter, it may take evidence or appoint a commissioner
to take such evidence as it may direct, and report the same to the court with his
findings of fact and conclusions of law, which shall constitute a part of the
proceedings upon which the determination of the court shall be made. The court
may reverse or affirm, wholly or in part, or may modify the decision brought up for
review.
ARTICLE II DEFINITIONS AND USE TYPES
SEC. 30-28. DEFINITIONS.
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(C) For the purposes of this ordinance, the words and phrases listed below in this
section shall have the meanings described below.
Residential chicken keeping: The keeping of up to six (6) female chickens (hens)
in non-agriculturally zoned areas as an accessory use to a single family residence is
subject to the standards set out in chapter 5, animals and fowl, section 5-38standards
for residential chicken keeping.
Variance: A reasonable deviation from the provisions regulating the size or area
of a lot or parcel of land, or the size, area, bulk or location of a building or structure in
accordance with section 15.2-2201 of the Code of Virginia, as amended. In the
application of a zoning ordinance, a reasonable deviation from those provisions
regulating the shape, size, or area of a lot or parcel of land or the size, height, area,
bulk, or location of a building or structure when the strict application of the ordinance
would unreasonably restrict the utilization of the property, and such need for a variance
would not be shared generally by other properties, and provided such variance is not
contrary to the purpose of the ordinance. It shall not include a change in use, which
change shall be accomplished by a rezoning or by a conditional zoning.
SEC. 30-29. USE TYPES; GENERALLY.
Sec. 30-29-5. Commercial Use Types.
Bed and breakfast inn: A single family dwelling, or portion thereof, where short-
term lodging is provided for compensation to transient guests only. The operator may or
may not live on the premises. Meals may be provided to guests only. Up to fifteen (15)
guest rooms may be provided.
Country inn: A business which offers accommodations and dining in a rural area.
Overnight lodging of up to thirty (30) rooms is available and a full-service restaurant
may provide meals to guests and the general public.
Special events facility: A place, structure, or other facility used for the assembly
of or intention of attracting people for cultural, ceremonial, celebratory purposes or civic
clubs for which there is a leasing fee. Such assembly includes, but is not limited to,
anniversary and birthday celebrations, reunions, weddings, and receptions. Music
concerts or festivals as a primary use shall be considered an outdoor gathering.
ARTICLE III DISTRICT REGULATIONS
SEC. 30-32. AG-3 AGRICULTURAL/RURAL PRESERVE DISTRICT.
Sec. 30-32-2. Permitted Uses.
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(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk (*) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
4. Commercial Uses
Bed and Breakfast Inn *
Country Inn *
Special Events Facility *
SEC. 30-33. AG-1 AGRICULTURAL/RURAL LOW DENSITY DISTRICT.
Sec. 30-33-2. Permitted Uses.
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk (*) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
4. Commercial Uses
Bed and Breakfast Inn *
Country Inn *
Special Events Facility *
SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT.
Sec. 30-34-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
2. Residential Uses
Single Family Dwelling, Detached (Zero Lot Line Option) *
SEC. 30-36. AV AGRICULTURAL/VILLAGE CENTER DISTRICT.
Sec. 30-36-2. Permitted Uses.
Page 5 of 11
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(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk (*) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
4. Commercial Uses
Bed and Breakfast Inn *
Country Inn *
Special Events Facility *
SEC. 30-53. C-1 LOW INTENSITY COMMERCIAL DISTRICT.
Sec. 30-53-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
4. Commercial Uses
Business or Trade Schools *
SEC. 30-54. C-2 HIGH INTENSITY COMMERCIAL DISTRICT.
Sec. 30-54-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
4. Commercial Uses
Business or Trade Schools *
SEC. 30-61. I-1 LOW INTENSITY INDUSTRIAL DISTRICT.
Sec. 30-61-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
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4. Commercial Uses
Business or Trade Schools *
SEC. 30-62. I-2 HIGH INTENSITY INDUSTRIAL DISTRICT.
Sec. 30-62-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
4. Commercial Uses
Business or Trade Schools *
ARTICLE IV USE AND DESIGN STANDARDS
SEC. 30-80. USE AND DESIGN STANDARDS.
SEC. 30-82. RESIDENTIAL USES.
Sec. 30-82-12. Single Family, Detached (Zero Lot Line Option).
(B) In the AR, R-1, R-2, R-3 or R-4 districts, within a common development, one
interior yard may be equal to zero for single family detached dwellings, subject to
the following additional criteria:
3. Minimum side yard opposite the zero yard: Ten (10) feet; fifteen (15) feet
in AR.
4. Maximum building coverage: Forty (40) percent; twenty-five (25) percent
in AR.
SEC. 30-85. COMMERCIAL USES.
Sec. 30-85-8.1. Bed and Breakfast Inn.
(A) General Standards:
1. The owner or manager shall provide full-time management of the
establishment at all times when the facility is occupied by one (1) or more
guests.
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2. The establishment shall not contain restaurant facilities, but may provide
meal service for transient, overnight guests only.
3. Up to fifteen (15) guestrooms may be provided for paying guests.
4. Outdoor events such as weddings, receptions, and similar activities may
be conducted as accessory uses.
5. The establishment shall front on a public road and the site shall have
direct access from the public road.
Sec. 30-85-8.6. Business or Trade Schools.
(A) General Standards:
1. A permanent structure shall be required on site for classroom type
training.
2. A Special Use Permit shall be required for any outdoor training component
associated with this use.
Sec. 30-85-13.1. Country Inn.
(A) General Standards:
1. The owner or manager shall provide full-time management of the
establishment at all times when the facility is occupied by one (1) or more
guests.
2. The establishment may contain restaurant facilities that provide meal
service to overnight guests and the general public.
3. Up to thirty (30) guestrooms may be provided for paying guests.
4. Outdoor events such as weddings, receptions, and similar activities may
be conducted as accessory uses.
5. The establishment shall front on a public road and the site shall have
direct access from the public road.
Sec. 30-85-24.6. Special Events Facility.
(A) General Standards:
1. The site shall front directly on and have direct access to a publicly owned
and maintained street.
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2. When adjoining a residential use type, a Type C buffer yard in accordance
with Section 30-92 shall be provided along the property line which adjoins
the residential use type.
ARTICLE V DEVELOPMENT STANDARDS
SEC. 30-91. OFF STREET PARKING, STACKING AND LOADING.
Sec. 30-91-3. Number of Parking Spaces Required.
Sec. 30-91-3.4. Maximum Off-Street Parking.
(A) To avoid excessive surpluses that increase development costs and impervious
surfaces, impervious parking shall not be provided in quantities greater than ten
(10) percent above the required minimum, unless any parking above the ten (10)
percent threshold is permeable or pervious, or is provided through the use of
structured parking.
(B) The maximum number of off-street parking spaces permitted, as established in
Section 30-91-3.4, shall not apply to parking areas utilizing a permeable or
pervious paver surface or to parking structures.
(C) Parking that exceeds the requirements below shall comply with the following
standards:
Increase in Additional Standards
quantity over
minimum
Landscaped Landscaped Islands Parking Surface
requirements
Medians
Up to and Contain small, Comprised of at least None
including 10% deciduous trees 10% bioretention
planted every 20 planting islands in
linear feet accordance with
Roanoke County's
Contain 3 small
Stormwater
shrubs in addition to
Management Design
requirements of
Manual (or)
Section 30-92-3b.
Over 10% Required every Comprised of at least Parking spaces
other parking aisle 20% bioretention provided above the
planting islands in 10% maximum
accordance with shall be surfaced
Roanoke County's with a permeable
Stormwater or pervious surface
Management Design or other low impact
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Increase in Additional Standards
quantity over
minimum
Landscaped Landscaped Islands Parking Surface
requirements
Medians
Manual (or) design alternative
in accordance with
Contain small, Contain 6 small
Roanoke County's
deciduous trees shrubs in addition to
Stormwater
planted every 20 requirements of
Management
linear feet Section 30-92-3b.
Design Manual or
other permeable or
pervious surface
as approved by the
Zoning
Administrator.
Sec. 30-91-5. Alternative Modes of Transportation.
Sec. 30-91-5.1. Bicycle Parking Standards.
(A) In lots with greater than fifty (50) spaces, a minimum of one (1) bicycle parking
space shall may be provided on-site for each twenty (20) off-street automobile
parking spaces.
(D) When bicycle parking is required shown on a parking plan, there shall be a
minimum of two (2) spaces provided but not more than twenty (20) bicycle
spaces provided will be required at a single site.
(E) For every four (4) bicycle parking space provided above the minimum
requirement, the number of impervious vehicular parking spaces required by
Section 30-91-3-3 30-91-3.3 may be reduced by one (1). The number of
impervious vehicular parking spaces shall not be reduced by an amount
exceeding five (5) percent.
(F) If the vehicular parking area is lighted, the required bicycle parking shall also be
lighted.
(G) Bicycle parking shall be located within fifty (50) feet in the general proximity of an
entrance to the building or within a building if the location is easily accessible for
bicycles and shall comply with the design standards set forth in Roanoke
County's Design Handbook.
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2. That this ordinance shall be in full force and effect from and after its
adoption.
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ACTION NO.
ITEM NO. J.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
Appointments to Committees, Commissions and Boards
SUBMITTED BY:
Deborah Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
All open appointments.
BACKGROUND:
1. Board of Zoning Appeals (appointed by District)
The Windsor Hills Ma
five (5)-year term expires June 30, 2016.
2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District and At-
Large)
The Budget and Fiscal Affairs Committee shall be comprised of eleven (11)
members with each Board Supervisor having an appointment, five members
appointed jointly by the Board of Supervisors, and one ex officio appointment
representing County Administration. Mr. Gates is currently working with the Board
on recommendations to this committee.
3. Clean Valley Council (At Large)
Adam Cohen has resigned his appointment to the Clean Valley Counsel. His three-
year term expired June 30, 2015.
Page 1 of 2
4. Economic Development Authority (EDA) (appointed by District)
The following four-year term expired on September 26, 2015:
a) Greg Apostolou, representing the Hollins Magisterial District is eligible for
reappointment
5. Planning Commission (appointed by District)
Supervisor Hooker has recommended the reappointment of Donald Butzer to
represent the Catawba Magisterial District to a four-year term ending June 30,
2020. Since January 2016, Mr. Butzer has filled the vacancy on the Commission
created when Ms. Hooker, the previous Catawba representative on the
Commission, was elected to the Board of Supervisors. Mr. Butzer's current
appointment expires June 30, 2016. Confirmation of this appointment has been
placed on the Consent Agenda.
DISCUSSION:
There is no discussion associated with this agenda item.
FISCAL IMPACT
:
There is no fiscal impact associated with this agenda item.
STAFF RECOMMENDATION:
There is no staff recommendation associated with this agenda item.
Page 2 of 2
K
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY,JUNE 28, 2016
RESOLUTION APPROVINGAND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM K-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 June 28,
2016,designated as Item K-Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through5
inclusive, as follows:
1.Request to accept and allocate funds in the amount of $7,105 to the Clerk of Circuit
court from the Commonwealth of Virginia for fiscal year 2015/2016
2.Request to accept and allocate grant funds in the amount of $3,000 from the
Virginia Department of Game andInland Fisheries (DGIF) to retrofit current trash
containers to make them bear resistant
3.Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Donald R. Karnes, Risk Manager, upon his retirement after more than
twenty-one years of service
4.Confirmation of appointments to the Length of Service Awards Program
(LOSAP/VIP) Board
5.Confirmation of appointment to the Planning Commission (by District)
Page 1of 1
ACTION NO.
K.1
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
Request to accept and allocate funds in the amountof
$7,105 to the Clerk of Circuit Court from the Commonwealth
of Virginia for fiscal year 2015/2016
SUBMITTED BY:
Jill Camilletti
Deputy Clerk of Circuit Court
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
Request to accept and allocate funds in the amount of $7,105 to the Clerk of Circuit
Court from the Commonwealth of Virginia for fiscal year 2015/2016.
BACKGROUND:
Technology Trust Funds, representing fees collected by the Roanoke County Circuit
Court Clerk's Office, have been received from the State in the amount of $7,105. In
accordance with State of Virginia Code Section 17.1-279 stated the Circuit Court Clerks
office shall assess a $5 fee called Technology Trust fund fee. Each month, the Clerk's
office can request the fees that were assessed the previous month. The code section
further states that four dollars of every five dollar fee shall be allocated by the
Compensation Board from the trust fund for the purposes of: obtaining and updating
office automation and information technology equipment including software and
conversion services; preserving, maintaining and enhancing court records, including,
but not limited to the costs of repairs, maintenance, land records, consulting services,
service contracts, redaction of social security numbers from land records and system
replacement or upgrades and improving public access to court records
DISCUSSION:
The funds received from the Commonwealth of Virginia have been earmarked for
maintenance needs for the Clerk of Circuit Court, specifically towards the twice yearly
Page 1 of 2
maintenance bill from the Supreme Court for maintaining their records, equipment, etc.
FISCAL IMPACT:
There is no fiscal impact associated with this item. All funds are provided by the
Commonwealth of Virginia.Funds in the amount of $7,105 are to be accepted and
allocated to account 102817-5850.
STAFF RECOMMENDATION:
Staff recommends allocating $7,105 to the Clerk of Circuit Court for the fiscal year
2015-2016.
Page 2 of 2
ACTION NO.
ITEM NO.K.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
Request to accept and allocate grant funds in the amount of
$3,000 from the Virginia Department of Game and Inland
Fisheries (DGIF) to retrofit current trash containers to make
them bear resistant
SUBMITTED BY:
Rob Light
Acting Director of General Services
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
Acceptance and allocation of a $3,000 grant from Virginia Department of Game and
Inland Fisheries (DGIF) to retrofit current County solid waste containers to make them
bear resistant.
BACKGROUND:
Citizens in certain areas of Roanoke County commonly report issues of bears accessing
solid waste cans, creating litter on property and roadsides, and damaging the household
solid waste cart. As is to be expected, the issue is most prevalent in areas which
adjoin extensive undeveloped woodlands. An existing program to provide residents with
bear resistant containers has proven to be highly successful in deterring bear access to
the solid waste cans.
DISCUSSION:
Grant funding provided by the DGIF will permit the County's Department of General
Services to purchase a supply of parts used to retrofit trash containers making them
bear-resistant. Retrofitting of existing containers is significantly more cost efficient than
purchase of specialized bear-resistant solid waste carts, thereby reducing expense for
both the County government and citizens who request bear-resistant cans.
Page 1 of 2
FISCAL IMPACT:
Awarded grant funds total $3,000. No County match is required.
STAFF RECOMMENDATION:
Staff recommends accepting and allocating grant funds in the amount of $3,000 from
Virginia DGIF to the General Services Department.
Page 2 of 2
ACTION NO.
ITEM NO.K.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Donald R. Karnes, Risk
Manager, upon his retirement after more than twenty-one
years of service
SUBMITTED BY:
Deborah Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
Recognition of the retirement of Donald R. Karnes
BACKGROUND:
Donald R. Karnes, Risk Manager, retired on June 1, 2016, after twenty-one (21) years
and four (4) months of service to the Finance Department.
Mr. Karnes is unable to attend the meeting and his resolution and quilt will be mailed to
his home.
DISCUSSION:
There is no discussion associated with this agenda item.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
STAFF RECOMMENDATION:
Staff recommends approval of the attached resolution.
Page 1 of 1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 28, 2016
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO DONALD R. KARNES, RISK
MANAGER, UPON HIS RETIREMENT AFTER MORE THAN TWENTY-ONE
YEARS OF SERVICE
WHEREAS, Donald R. Karnes was employed by Roanoke County on January 20,
1995; and
WHEREAS, Mr. Karnes retired on June 1, 2016, after twenty-one years and four
months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Mr. Karnes, throughout his employment with Roanoke County, has
been instrumental in improving the quality of life and providing services to the citizens of
Roanoke County; and
WHEREAS, during Mr. Karnes time serving the citizens of Roanoke County he held
several positions in the Finance Department including Purchasing Manager, Contracts and
Major Projects Specialist and Risk Manager; and
WHEREAS, Mr. Karnes developed and taught safety training programs, maintained
to answer questions and provide support; and
WHEREAS, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County expresses its deepest appreciation and the appreciation of the citizens
Donald R. Karnes
of Roanoke County to for more than twenty-one years of capable, loyal
and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
Page 1 of 1
ACTION NO.
ITEM NO.K.4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
Confirmation of appointments to the Length of Service
Awards Program (LOSAP/VIP) Board
SUBMITTED BY:
Deborah Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
Two appointments to the Length of Service Awards Program (LOSAP/VIP) Board
BACKGROUND:
Colin Gee and Sonja Stump have retired. The LOSAP/VIP Board of Trustees have
recommended the following for appointment.
Fire Member Representative:
Carl Kempa has been a volunteer firefighter with the Bent Mountain Fire company since
1989. He served as the volunteer fire chief for Company 8 for several years during this
time. He also has 20 years vested in the LOSAP program and is an advocate for the
recruitment and retention of volunteer fire service members.
Rescue Member Representative:
Tom Philpott is retired from AEP where he serves as an area supervisor covering a
large portion of three states. He has a degree in Business Administration as well as
training in Industrial Engineering. Philpott has served with the Vinton First Aid Crew for
more than forty years. He was certified with one of the very first Commonwealth of
Virginia EMT-
certified in Virginia. Mr. Philpott is well known and respected in the EMS community.
Page 1 of 2
DISCUSSION:
It is the recommendation of the LOSAP/VIP Board of Trustees that the Board of
Supervisors appoint Carl Kempa and Tom Philpott to serve four-year terms
commencing July 1, 2016 and ending June 30, 2010.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
STAFF RECOMMENDATION:
Fire and Rescue staff recommends the confirmation of these appointments.
Page 2 of 2
ACTION NO.
ITEM NO.K.5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
Confirmation of appointment to the Planning Commission (by
District)
SUBMITTED BY:
Deborah Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:
Thomas C. Gates
County Administrator
ISSUE:
Confirmation of appointment to the Planning Commission
BACKGROUND:
Donald Butzer was appointed to the Planning Commission to fill the unexpired term of
Martha Hooker who vacated her Planning Commission seat after election to the County
Board of Supervisors. Mr. Butzer's current term on the Commission expires June 30,
2016.
DISCUSSION:
Supervisor Martha B. Hooker has recommended the reappointment of Donald Butzer to
a four-year term, which will expire on June 30, 2020. Accordingly, confirmation has
been added to the Consent Agenda.
FISCAL IMPACT:
There is no fiscal impact for this agenda item.
STAFF RECOMMENDATION:
Staff has no recommendation for this agenda item.
Page 1 of 1
M-1
M-2
COUNTY OF ROANOKE, VIRGINIA
CHANGES IN OUTSTANDING DEBT
Changes in outstanding debt for the fiscal year to date were as follows:
OutstandingOutstanding
June 30, 2015AdditionsDeletionsJune 28, 2016
General Obligation Bonds$5,332,236$-$834,532$4,497,704
VPSA School Bonds104,311,1238,656,24895,654,875
State Literary Loans1,825,775-1,825,775-
Lease Revenue Bonds76,949,408-1,046,60575,902,803
Capital Lease obligation741,516-741,516-
$189,160,058$-$13,104,676$176,055,382
-
Submitted ByRebecca E. Owens
Director of Finance
Approved ByThomas C. Gates
County Administrator
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ACTION NO. _______________
ITEM NO. ________M-5_______
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 28, 2016
AGENDA ITEM:
Accounts Paid-May2016
SUBMITTED BY:
Rebecca E. Owens
Director of Finance
APPROVED BY:
Thomas C. Gates
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Direct DepositChecksTotal
Payments to Vendors$-$-$6,456,287.80
Payroll05/06/161,277,030.6651,377.181,328,407.84
Payroll05/20/161,466,262.0064,683.211,530,945.21
Manual Checks-1,056.241,056.24
Grand Total$9,316,697.09
A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors.
ACTION NO.___________________
ITEM NUMBER______M-6_________
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER.
MEETING DATE: June 28, 2016
AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of
30-May-16
SUMMARY OF INFORMATION:
CASH INVESTMENT:
SUNTRUST CON37,700,332.4637,700,332.46
GOVERNMENT:
SCOTT STRINGFELLOW CONTRA(40,303.00)
SCOTT STRINGFELLOW 51,008,899.52
WELLS FARGO12,000,000.00
WELLS FARGO CONTRA(4,300.00)62,964,296.52
LOCAL GOV'T INVESTMENT POOL:
GENERAL OPERATION 4,198,855.714,198,855.71
MONEY MARKET:
BRANCH BANKING & TRUST1,083,690.70
SCOTT STRINGFELLOW - JAIL1,105,156.21
SCOTT STRINGFELLOW 2,341,196.42
UNION FIRST3,079,210.80
VALLEY BANK/BNC2,516,967.23
WELLS FARGO4,175,098.5714,301,319.93
TOTAL119,164,804.62
06/28/2016
P
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 28, 2016
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each 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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