HomeMy WebLinkAbout12/1/2020 - RegularINVOCATION:
Roanoke County
Board of Supervisors
December 1, 2020
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
"Any invocation that may be offered before the official 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 business of
the Board."
Page 1 of 5
Roanoke County
Board of Supervisors
Agenda
December 1, 2020
Good afternoon and welcome to our meeting for December 1, 2020. Regular meetings
are normally 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.
Because of the present state of emergency, and until further notice, members of
the public are urged not to attend Board of Supervisor meetings in person. All
are encouraged to view and participate in meetings through electronic means.
Meetings may be viewed live on RVTV, Channel 3, or on the County's website
https://roanokecountyva.gov (and accessed by clicking on the "Watch Board
Meetings Online" button). Prior to and during meetings, citizens may share
comments by email (to diacks(abroanokecountyva.gov) or by phone (540-776-
7278). When submitting comments, please include your name and address.
Comments submitted by email and by phone will be read aloud during meetings,
subject to reasonable time limitations.
For those individuals who desire to attend meetings in person, please be advised
that seating modifications and limits have been established in order to facilitate
social distancing; attendees who are not of the same household must sit six feet
apart; and attendance at meetings will be limited to 25 individuals.
A. OPENING CEREMONIES
1. Roll Call
B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
C. BRIEFINGS
1. Briefing to discuss with the Board of Supervisors the 2021 Real Estate
Assessment and Roanoke Valley Economic Conditions (Kenneth Fay, Director of
Real Estate; Meredith Thompson, Budget Division Director; Steve Elliott, Budget
Manager)
Page 2 of 5
D. NEW BUSINESS
1. Presentation of Year End Financial Results for June 30, 2020, acceptance of
audit report and allocation of year end funds (Laurie Gearheart, Director of
Finance and Management Services)
E. PUBLIC HEARING
1. Public hearing to receive citizen comments regarding proposed amendments to
the fiscal year 2020-2021 budget in accordance with Code of Virginia Section
15.2-2507 (Laurie Gearheart, Director of Finance and Management Services)
F. FIRST READING OF ORDINANCES
1. Ordinance authorizing Hazard Pay in the estimated amount of $452,668.25 and
Gratitude Bonus in the estimated amount of $556,012.25 from General Funds
and a bonus for sworn positions in the Sheriff's Office in the amount of
$44,674.75 from General Funds to be mostly reimbursed by the Virginia
Compensation Board (Due to the Pandemic Disaster, it is requested, upon a
four-fifths vote of the Board, the second reading be waived and the
ordinance adopted as an emergency measure) (Daniel R. O'Donnell, County
Administrator)
2. Ordinance to receive education grant awards related to the COVID-19 pandemic,
and to appropriate $2,909,646.61 to the Roanoke County Public Schools' Grant
Fund for fiscal year 2020-2021 (Due to the Pandemic Disaster, it is requested,
upon a four-fifths vote of the Board, the second reading be waived and the
ordinance adopted as an emergency measure) (Susan Peterson, Director of
Finance, Roanoke County Public Schools)
3. Ordinance authorizing the acquisition (with conditions) of Real Property from the
Commonwealth of Virginia, located at 0 Old Cave Spring Rd. (Tax Map No.
076.20-03-05.00-0000), 4555 Old Cave Spring Rd. (Tax Map No. 076.00-03-
02.00-0000), 4607 Old Cave Spring Rd. (Tax Map No. 076.20-03-01.00-0000),
4445 Brambleton Ave. (Tax Map No. 086.08-04-04.00-0000), and 4441
Brambleton Ave. (Tax Map No. 086.08-04-05.00-0000) in the Windsor Hills
Magisterial District; and authorizing execution of a Memorandum of Agreement
and deeds of conveyance (Peter S. Lubeck, County Attorney; Richard L.
Caywood, Assistant County Administrator)
4. Ordinance accepting and appropriating $165,450 from the Virginia Outdoors
Foundation for the purchase of a half -interest in 34 acres adjacent to Explore
Park in Bedford and Roanoke Counties (Doug Blount, Director of General
Services and Parks, Recreation and Tourism)
Page 3 of 5
5. Ordinance authorizing a permanent drainage easement to the Commonwealth of
Virginia Department of Transportation on Property owned by the Roanoke
County Board of Supervisors (Tax Map No. 027.14-02-18.00-0000) for the
purpose of constructing Route 11 (Williamson Road) and Route 117 (Peters
Creek Road) Pedestrian Safety Improvements, Hollins Magisterial District
(Megan Cronise, Transportation Planning Administrator)
G. SECOND READING OF ORDINANCES
1. Ordinance appropriating $5,990,386.83 for Roanoke County Public County
Public Schools from fiscal year 2019-2020 year-end funds and re -appropriating
$682,560.17 from the Roanoke County Public School Health Insurance Fund
(Susan Peterson, Director of Finance, Roanoke County Public Schools)
2. Ordinance approving a Site Use Agreement between Roanoke Gas Company
and the County of Roanoke for use of a tower located on Poor Mountain, 8487
Honeysuckle Road; Windsor Hills Magisterial District and accepting and
appropriating $275 monthly for the term of the lease (Susan Slough, Assistant
Director of Communications and Information Technology)
H. APPOINTMENTS
1. Library Board (appointed by District)
2. Parks, Recreation and Tourism (appointed by District)
I. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY
THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION
IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT
ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY
1. Confirmation of appointments to the Blue Ridge Behavioral Healthcare Board of
Directors and the Western Virginia Regional Jail Authority
2. Request to accept and allocate funds in the amount of $2,433.90 from the U.S.
Department of Justice's Bulletproof Vest Partnership to the Roanoke County
Sheriff's Office
3. Request to accept and allocate funds in the amount of $19,275 to the Clerk of the
Circuit Court from the Commonwealth of Virginia for Technology Trust Funds
J. CITIZENS' COMMENTS AND COMMUNICATIONS
Page 4 of 5
K. REPORTS
1. Unappropriated, Board Contingency and Capital Reserves
2. Outstanding Debt Report
3. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of
October 31, 2020
L. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Martha B. Hooker
2. Phil C. North
3. P. Jason Peters
4. Paul M. Mahoney
5. David F. Radford
M. ADJOURNMENT
Page 5 of 5
ACTION NO.
ITEM NO. C.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
December 1, 2020
Briefing to discuss with the Board of Supervisors the 2021
Real Estate Assessment and Roanoke Valley Economic
Conditions
Laurie Gearheart
Director of Finance and Management Services
Daniel R. O'Donnell
County Administrator
Provide the Board of Supervisors an overview of the results of the 2021 Real Estate
Assessment through November 16, 2020, and an overview of Roanoke Valley Regional
economic conditions.
BACKGROUND:
The County of Roanoke conducts an annual assessment on all real property located in
the County. County staff provides a briefing annually to the Board of Supervisors on the
results of the current reassessment. The results of the 2021 assessment are as of
November 16, 2020, and are still being refined by staff. Results may also be impacted
by the assessment appeals process.
DISCUSSION:
This time has been scheduled to provide a briefing to the Board of Supervisors on the
2021 Real Estate Assessment including fiscal impacts related to the assessment and
economic conditions. Additionally, key dates in the fiscal year 2021-2022 budget
development process will be reviewed. The attached PowerPoint presentation will be
shown.
Page 1 of 2
FISCAL IMPACT:
There is no fiscal impact associated with the receipt of the attached presentation.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors receive information regarding the 2021
Real Estate Assessment and Roanoke Valley economic conditions.
Page 2 of 2
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ACTION NO.
ITEM NO. D.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
December 1, 2020
Presentation of Year End Financial Results for June 30,
2020, acceptance of audit report and allocation of year end
funds
Laurie Gearheart
Director of Finance and Management Services
Daniel R. O'Donnell
County Administrator
Accept audited financial results for the County of Roanoke and allocate year end funds
for the fiscal year ended June 30, 2020
BACKGROUND:
Brown Edwards and Company completed the audit of the financial operations of the
County of Roanoke and the County of Roanoke Public Schools for the year ended June
30, 2020. The County and School Audit Committees met on November 12, 2020, to
review the results of the year's operations. Both the County and Schools have
received a clean and unmodified opinion. Staff from Brown Edwards and Company will
present the audit information to the Board at the meeting.
DISCUSSION:
On September 22, 2020, staff reviewed preliminary unaudited financial results for June
30, 2020, and there have been minimal changes since that work session.
Below is the information for the County regarding the General Government results of
operations for the fiscal year ended June 30, 2020.
Revenue collections were $2,276,393 above budget and reasons for these variances
are as follows:
Page 1 of 3
- Personal Property Taxes were $700,639 above budget due to vehicle
assessments outperforming our budget assumptions.
- Intergovernmental Revenue, including State & Federal sources, was $985,945
above budget which relates directly to reimbursable expenses for social
services programs.
- Local Sales Tax was $730,937 above budget which included the first year of
collections on internet sales.
- Business License tax was $550,144 above budget due to an increase in gross
receipts as a result of modest growth and better performance.
- Other Revenues were $691,272 below budget primarily as a result of impacts
from COVID-19. Of the $691,272, Meals Tax was $233,157 below budget, and
Hotel/Motel Tax was $202,787 below budget.
Expenditures savings were $1,576,401 and reasons for this variance are as follows:
- Personnel savings were related to attrition and vacancies in the amount of
$649,702, which can be attributed to a hiring freeze and lay-off of part-time
employees implemented in light of uncertainties related to COVID-19.
- Additional savings in non -personnel and transfers in the amount of $926,699 were
created through decreased spending in usage based regional programs including
the Western Virginia Regional Jail, CORTRAN, and Regional Detention Center,
directly related to COVID-19, and curbing of departmental spending implemented
in light of uncertainties related to COVID-19.
FISCAL IMPACT:
The Budget Ordinance 052819-4 for the Fiscal year 2019-2020 Fiscal year Operations
Budget provides that all unexpended general government expenditures and revenues
collected in excess of budget shall not lapse but be re -appropriated and presented to
the Board for recommendations of allocations and designations based on the
Comprehensive Financial Policy.
Attachment I summarizes General Government surplus revenue and expenditure
savings totaling $3,852,794 net of encumbrances appropriated with Budget Ordinance
052819-4.
Staff recommends the following allocation for the fiscal year ended June 30, 2020:
Page 2 of 3
- $1,045,000 from year end savings to restore funds for the Center for Research
and Technology, which were reduced to provide additional project funding for the
Public Service Center replacement.
- $511,068 from year end savings to fully fund the Gratitude Bonus for Roanoke
County employees paid on August 21, 2020.
- $309,900 from year end to purchase a solid waste truck
- $250,000 from year end to continue funding for the General Government
Expenditure Contingency per the County's Comprehensive Financial Policy
- $1,736,826 from year end to fund a transfer to capital toward Capital Reserves
STAFF RECOMMENDATION:
Staff recommends accepting the audited financial results for the fiscal year ended June
30, 2020, allocating $210,438 for encumbrances from year end savings, and allocating
the funds as presented above in the fiscal impact section.
Page 3 of 3
PRELIMINARY DRAFT — OPEN FOR REVIEW AND DISCUSSION ONLY
BROWNEDWARDS
certified public accountants
REQUIRED COMMUNICATION WITH
THOSE CHARGED WITH GOVERNANCE
Honorable Members of the Board of Supervisors
County of Roanoke, Virginia
Roanoke, Virginia
We have audited the financial statements of the governmental activities, the aggregate discretely
presented component units, each major fund, and the aggregate remaining fund information of the
County of Roanoke, Virginia (the "County"), for the year ended June 30, 2020. Professional standards
require that we provide you with information about our responsibilities under generally accepted
auditing standards, Government Auditing Standards, and the Uniform Guidance, as well as certain
information related to the planned scope and timing of our audit. We have communicated such
information in the letter to you dated May 28, 2020. Professional standards also require that we
communicate to you the following information related to our audit.
Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant
accounting policies used by the County are described in Note 1 to the financial statements. No new
accounting policies were adopted and the application of existing policies was not changed during 2020.
We noted no transactions entered into by the County during the year for which there is a lack of
authoritative guidance or consensus. All significant transactions have been recognized in the financial
statements in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are
based on management's knowledge and experience about past and current events and assumptions about
future events. Certain accounting estimates are particularly sensitive because of their significance to the
financial statements and because of the possibility that future events affecting them may differ
significantly from those expected. The most sensitive estimates affecting the financial statements were:
• The useful lives of capital assets and the allowance for uncollectible accounts are based on
management's knowledge and judgment, which is based on history.
• The other postemployment benefits liability is based on an actuarial study provided by the
County's external actuarial firm.
• The net pension liability and the net OPEB liability for state administered plans are based on
actuarial studies provided by actuaries engaged by the Virginia Retirement System.
• The self-insurance liability is based on information from an external third -party consultant and
subsequent claims information provided by the third -party administrator.
Your Success is Our Focus
319 McClanahan Street, S W. - Roanoke, Virginia 24014-7705 - 540-345-0936 - Fax 540-342-6181 - voww.BEcpas.com
PRELIMINARY DRAFT — OPEN FOR REVIEW AND DISCUSSION ONLY
Significant Audit Matters (Continued)
Qualitative Aspects of Accounting Practices (Continued)
We evaluated the key factors and assumptions used to develop these estimates in determining that the
estimates are reasonable in relation to the financial statements taken as a whole.
Certain financial statement disclosures are particularly sensitive because of their significance to
financial statement users. The most sensitive disclosures affecting the financial statements are those
related to capital assets, long-term debt, commitments and contingencies, other postemployment
liabilities, and pension disclosures, and the impact of the COVTD-19 pandemic.
The financial statement disclosures are neutral, consistent, and clear.
Difficulties Encountered in Perfbrming the Audit
We encountered no significant difficulties in dealing with management in performing and completing
our audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the
audit, other than those that are clearly trivial, and communicate them to the appropriate level of
management. There were no corrected or uncorrected misstatements.
Disagreements with Management
For put -poses of this letter, a disagreement with management is a financial accounting, reporting, or
auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial
statements or the auditor's report. We are pleased to report that no such disagreements arose during the
course of our audit.
Management Representations
We have requested certain representations from management that are included in the management
representation letter dated November _, 2020, a copy of which is attached.
Management Consultations with Other Independent Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting
matters, similar to obtaining a "second opinion" on certain situations. if a consultation involves
application of an accounting principle to the governmental unit's financial statements or a determination
of the type of auditor's opinion that may be expressed on those statements, our professional standards
require the consulting accountant to check with us to determine that the consultant has all the relevant
facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and
auditing standards, with management each year prior to retention as the County's auditors. However,
these discussions occurred in the normal course of our professional relationship and our responses were
not a condition to our retention.
PRELIMINARY DRAFT — OPEN FOR REVIEW AND DISCUSSION ONLY
Other Matters
We applied certain limited procedures to the management's discussion and analysis, the General Fund
budget to actual schedules, and the required pension and OPEB schedules which are required
supplementary information (RSI) that supplements the basic financial statements. Our procedures
consisted of inquiries of management regarding the methods of preparing the information and
comparing the information for consistency with management's responses to our inquiries, the basic
financial statements, and other knowledge we obtained during our audit of the basic financial statements.
We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.
We were engaged to report on the additional budget to actual statements, the combining statements of
the internal service and agency fund financial statements, the financial statements of the discretely
presented component units, and the schedule of expenditure of federal awards, which accompany the
financial statements but are not RST. With respect to this supplementary information, we made certain
inquiries of management and evaluated the form, content, and methods of preparing the information to
determine that the information complies with accounting principles generally accepted in the United
States of America, the method of preparing it has not changed from the prior period, and the information
is appropriate and complete in relation to our audit of the financial statements. We compared and
reconciled the supplementary information to the underlying accounting records used to prepare the
financial statements or to the financial statements themselves.
We were not engaged to report on the introductory or statistical sections, which accompany the financial
statements but are not RSI. Such information has not been subjected to the auditing procedures applied
in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide
any assurance on it.
Restriction on Use
This information is intended solely for the use of the Board of Supervisors and management of Roanoke
County, Virginia and is not intended to be, and should not be, used by anyone other than these specified
parties.
CERTIFIED PUBLIC ACCOUNTANTS
Roanoke, Virginia
November , 2020
Attachment
Attachment 1: Fiscal Year 2019-2020 Year End
Financial Results Allocation of Year End Funds
December 1, 2020
Revenues
Amended Revenue Budget —General Fund $199,499,629
Actual Revenues $201,776,022
Revenues above Budget $2,276,393
% of Amended Budget 101.14%
Expenditures
Amended Expenditure Budget — General Fund
$199,499,629
Actual/Projected Expenditures
$197,712,790
Encumbrances Carried Forward
$210,438
Expenditure Savings
$1,576,401
% of Amended Budget
99.21%
FY 2020 Year -End Balance
Revenues above Amended Budget $2,276,393
Expenditure Savings, Net Encumbrances $1,576,401
Total 2020 Year End $3,852,794
Recommended Allocation of FY 2020 Year -End
Restore funds for Center for Research & Technology
$1,045,000
Gratitude Bonus for Roanoke County Employees
$511,068
General Government Fund Expenditure Contingency
$250,000
Purchase of Solid Waste Truck
$309,900
Transfer to Capital Reserves
$1,736,826
Total Recommended Allocation of FY 2020 Year -End
$3,852,794
ACTION NO.
ITEM NO. E.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
December 1, 2020
Public hearing to receive citizen comments regarding
proposed amendments to the fiscal year 2020-2021 budget
in accordance with Code of Virginia Section 15.2-2507
Laurie Gearheart
Director of Finance and Management Services
Daniel R. O'Donnell
County Administrator
Public hearing for budget amendment
BACKGROUND:
This is a public hearing to secure citizen's comments concerning amending the fiscal
year 2020-2021 budget by adjusting the aggregate amount to be appropriated during
the fiscal year by $5,990,386.83 for Roanoke County Public Schools Fiscal year 2019-
2020 Year End Funds and re -appropriating $682,560.17 from the health fund, by
$2,909,646.61 for new Virginia Department of Education Grant Awards related to the
Coronavirus received by the Roanoke County Public Schools, and $275 a month for the
term of the lease for a tower between the Roanoke County Gas Company and the
County of Roanoke.
DISCUSSION:
Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such
amendment exceeds one (1) percent of the total expenditures shown in the adopted
budget, the County must publish notice of a meeting and public hearing. The notice
must state the County's intent to amend the budget and include a brief synopsis of the
proposed budget amendment(s). This notice was published on November 24, 2020.
Page 1 of 2
ORDINANCE APPROPRIATING $5,990,386.83 FOR ROANOKE
COUNTY PUBLIC SCHOOLS FROM FISCAL YEAR 2019-2020 YEAR-
END FUNDS, RE -APPROPRIATING $682,560.17 FROM THE
ROANOKE COUNTY PUBLIC SCHOOLS HEALTH INSURANCE FUND
AND TEMPORARILY SUSPENDING TERMS OF THE COUNTY'S
COMPREHENSIVE FINANCIAL POLICY
ORDINANCE TO APPROPRIATE $2,909,646.61 TO THE GRANT
FUND IN THE ROANOKE COUNTY PUBLIC SCHOOLS BUDGET FOR
THE 2020-2021 FISCAL YEAR FOR NEW VIRGINIA DEPARTMENT OF
EDUCATION GRANT AWARDS RELATED TO THE CORONAVIRUS
ORDINANCE APPROVING A SITE USE AGREEMENT BETWEEN
ROANOKE GAS COMPANY AND THE COUNTY OF ROANOKE FOR
USE OF A TOWER LOCATED ON POOR MOUNTAIN, 8487
HONEYSUCKLE ROAD; WINDSOR HILLS MAGISTERIAL DISTRICT
AND ACCEPTING AND APPROPRIATING $275 MONTHLY FOR THE
TERM OF THE LEASE
FISCAL IMPACT:
There is no fiscal impact as a result of the public hearing. Requests for the
appropriation will occur later on this agenda.
STAFF RECOMMENDATION:
It is recommended that the Board hold the required public hearing. Board action
appropriating funds, as provided in this notice, will occur later during this meeting.
Conducting the public hearing does not guarantee the requested appropriation will be
approved.
Page 2 of 2
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:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
December 1, 2020
Ordinance authorizing Hazard Pay in the estimated amount
of $452,668.25 and Gratitude Bonus in the estimated
amount of $556,012.25 from General Funds and a bonus for
sworn positions in the Sheriff's Office in the amount of
$44,674.75 from General Funds to be mostly reimbursed by
the Virginia Compensation Board
Rebecca Owens
Assistant County Administrator
Daniel R. O'Donnell
County Administrator
Authorize hazard pay for uniformed sworn Public Safety employees, a gratitude bonus
for all other eligible employees not receiving hazard pay, and an additional bonus for
sworn positions in the Sheriff's Office provided by the Compensation Board
BACKGROUND:
The COVID-19 pandemic created many uncertainties for the County budget. The
original fiscal year budget proposed on March 10, 2020, included a 2.75% across the
board compensation adjustment for County employees, along with funding to be utilized
to address findings from the Compensation Study. As a result of COVID-19 and the
economic downturn, the County was required to revise revenue projections down $11
million over the proposed budget, and salary increases were no longer a possibility.
The approved fiscal year 2021 budget was a maintenance budget and did not include
any salary adjustments for employees.
On August 11, 2020 the Roanoke County Board Supervisors authorized Hazard Pay to
all full-time and part-time, sworn public safety employees through the Coronavirus Relief
Funds (CRF) through the CARES Act. Uniformed/sworn Roanoke County employees in
Police, Fire & Rescue, and Sheriff departments that were full-time received $2,000, and
Page 1 of 3
part-time received $1,000. Additionally, the Board voted to provide a Gratitude Bonus
for all other employees from use of fiscal year ending June 30, 2020 funds from the
General Fund. Regular full-time employees not receiving hazard pay received $750 and
part-time received $250. On August 21, 2020, eligible employees received either
Hazard Pay or the Gratitude Bonus.
DISCUSSION:
The Board of Supervisors has identified providing hazard pay to uniformed employees
in the departments of Police, Fire and Rescue, and Sheriff and a gratitude bonus to all
other employees as a priority in recognition of employees during COVID-19. Hazard pay
and the gratitude bonus are anticipated to be paid from General Funds. The Sheriff's
Office sworn position bonus is also anticipated to be paid from General Funds but will
partially be reimbursed by the Virginia Compensation Board.
Uniformed/sworn Roanoke County employees during the COVID-19 pandemic within
the departments of Police, Fire and Rescue, and Sheriff are recommended for hazard
pay and all other employees are recommended for a gratitude bonus as follows:
A) Hazard Pay for Public Safety - (Police, Fire & Rescue, and Sheriff)
-$1,000 for all Full Time Uniformed / Sworn Public Safety Employees
-$500 for all regular PT Uniformed / Sworn Public Safety Employees
B) Gratitude Bonus -
-$750 for all full time employees not receiving Hazard Pay
-$250 for all regular Part -Time employees not receiving Hazard Pay.
County employees qualifying for the hazard pay/gratitude bonus are further defined as
full-time and regular part-time employees who are in an active pay status at the time the
bonus is paid. Regular full-time employees are those listed in the Roanoke County Pay
Classification Plan. Regular part-time employees are those actively working and
recommended by the Department Director. It does not include part-time casuals and
temporaries, boards and commissions.
C) Bonus for Sheriff's Office sworn employees from the Virginia Compensation Board
-$500 one-time bonus for sworn positions
Funding was approved by the 2020 Special Session I of the General Assembly to
provide a $500 bonus payment for sworn sheriff officers. Funding provided by the
Virginia Compensation Board does not represent base salary funding, and consequently
is in addition to and does not supplant local salary supplements or any recent local
salary increases. Like all funding for salaries and expenses in constitutional offices,
Page 2 of 3
Roanoke County will be responsible for paying these expenses, and the Compensation
Board will reimburse the majority of the actual expenses.
Section 15.2-1508 of the Code of Virginia, as amended, authorizes the governing body
of any city, county, or town to pay a monetary bonus. The payment of the bonus must
be authorized by ordinance. For consistency and clarity, we are including both hazard
pay and gratitude bonus into the ordinance. As we would like to make this payment to
employees on December 11, 2020, it is requested that the second reading of this
ordinance is dispensed with, upon a 4/5ths vote of the members of the Board.
FISCAL IMPACT:
The estimated cost to provide hazard pay for uniformed/sworn public safety is
$452,668.25, the estimated cost to provide gratitude pay is $556,012.25, and the
estimated cost to provide the compensation board bonus to Sheriff's Office sworn
employees is $44,674.75. The employee payments will be funded with one time money
in the General Fund and partial reimbursement is anticipated from the Compensation
Board for the Sheriff bonus.
STAFF RECOMMENDATION:
Staff recommends approval of the ordinance and dispensing with the second reading of
the ordinance upon a 4/5ths vote of the Board of Supervisors.
Page 3 of 3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 1, 2020
and
ORDINANCE AUTHORIZING HAZARD PAY IN THE ESTIMATED AMOUNT
OF $452,668.25 AND GRATITUDE BONUS IN THE ESTIMATED AMOUNT OF
$556,012.25 FROM GENERAL FUNDS AND A BONUS FOR SWORN
POSITIONS IN THE SHERIFF'S OFFICE IN THE AMOUNT OF $44,674.75
FROM GENERAL FUNDS TO BE MOSTLY REIMBURSED BY THE VIRGINIA
COMPENSATION BOARD
WHEREAS, the COVID-19 pandemic created many uncertainties for the County budget;
WHEREAS, the original fiscal year 2021 budget, proposed on March 10, 2020, included
a 2.75% across-the-board compensation adjustment for County employees, along with funding
to be utilized to address findings from the recently conducted Compensation Study; and
WHEREAS, as a result of COVID-19 and the resulting economic downturn, the County
was required to decrease revenue projections by $11 million and to eliminate the previously
proposed salary increases; and
WHEREAS, accordingly, the approved fiscal year 2021 budget did not include any salary
adjustments for employees; and
WHEREAS, on August 11, 2020 the Roanoke County Board Supervisors authorized
Hazard Pay to all full-time and part-time, sworn public safety employees through the
Coronavirus Relief Funds (CRF) through the CARES Act; and
WHEREAS, on August 11, 2020 the Roanoke County Board Supervisors also voted to
provide a Gratitude Bonus for all other employees from use of fiscal year ending June 30, 2020
funds from the General Fund; and
WHEREAS, Roanoke County employees have continued to provide stellar service and
adapted to new working environments throughout the pandemic; and
Page 1 of 4
WHEREAS, to continue to retain and support employees and reward their hard work, it
is recommended that unallocated general funds be used to provide a second round of hazard
pay and gratitude bonus for County employees; and
WHEREAS, it has been proposed that uniformed employees in the departments of
Police, Fire and Rescue, and Sheriff receive hazard pay as recognition for the increased risk
assumed during the COVID-19 pandemic; and
WHEREAS, it has further been proposed that all other County employees receive a
gratitude bonus as recognition for increased risk assumed during the COVID-19 pandemic; and
WHEREAS, the 2020 Special Session I of the General Assembly approved funding to
reimburse a $500 bonus for Compensation Board funded and filled sworn positions as of
November 5, 2020,
WHEREAS, the Sheriff has approved a list of sworn employees to receive the $500
bonues;
WHEREAS, Section 15.2-1508 of the 1950 Code of Virginia, as amended, authorizes
the governing body of any locality to pay monetary bonuses to its officers and employees, and
WHEREAS, the Board of Supervisors of Roanoke County deems that it is in its best
interests to authorize the payment of the proposed hazard pay and gratitude bonuses to
recognize the services rendered by County officers and employees during these difficult
economic times; and
WHEREAS, the first reading of this ordinance was held on December 1, 2020; and
because County Administration would like to make such payments to employees on December
11, 2020, the second reading of this ordinance has been dispensed with since an emergency
exists, upon a 4/5ths vote of the members of the Board.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
Page 2 of 4
1. The County Administrator is hereby authorized to pay hazard pay to uniformed
employees in the departments of Police, Fire and Rescue, and Sheriff from
unallocated County General Fund as follows:
a. Full-time uniformed, sworn public safety employees shall receive $1,000 in
hazard pay.
b. Part-time uniformed, sworn public safety employees shall receive $500 in
hazard pay.
c. Such total payments from the County General Fund are estimated at the
amount of $452,668.25.
2. The County Administrator is hereby authorized to pay a gratitude bonus from the
County General Fund to all other Roanoke County officers and employees as
follows:
a. All full-time employees not receiving hazard pay shall receive a $750 bonus.
b. All regular part-time employees not receiving hazard pay shall receive a $250
bonus.
c. Such total payments from the General Fund are estimated at the amount of
$556,012.25.
3. The County Administrator is hereby authorized to pay a one-time bonus from the
County General Fund for sworn sheriff department employees as follows:
a. All eligible sworn positions identified by the Sheriff shall receive a $500 bonus
to be mostly be reimbursed by the Compensation Board.
4. County employees qualifying for the hazard pay or gratitude pay bonus are
further defined as full-time and regular part-time employees who are in active pay
status at the time the hazard pay or gratitude pay bonus is paid. Regular part-
time employees are those recommended by their respective department director.
Page 3 of 4
Part-time casuals and temporaries, and members of boards and commissions
are not eligible for the gratitude bonus.
Page 4 of 4
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:
AGENDA ITEM:
SUBMITTED BY:
December 1, 2020
Ordinance to receive education grant awards related to the
COVID-19 pandemic, and to appropriate $2,909,646.61 to
the Roanoke County Public Schools' Grant Fund for fiscal
year 2020-2021
Laurie Gearheart
Director of Finance and Management Services
APPROVED BY: Daniel R. O'Donnell
County Administrator
ISSUE:
Approval of and appropriation of $2,909,646.61 to the Grant Fund for the following new
funds available through the Virginia Department of Education.
BACKGROUND:
The Virginia Department of Education accepted applications for the Coronavirus Aid,
Relief, and Economic Security (CARES) Act awarded emergency relief funds to states
for elementary and secondary education through the Elementary and Secondary School
Emergency Relief (ESSER) Fund and the Governor's Emergency Education Relief
(GEER) Fund on August 14, 2020.
In addition, on October 9, 2020, the Virginia Department of Education notified all school
divisions in the Commonwealth that Governor Northam allocated $220.8 million of the
federal Coronavirus Relief Fund (CRF) for educational purposes, and that each school
division in the Commonwealth would receive a portion of such funds. These CRF
awards are intended for costs incurred related to COVID-19 in reopening and operating
public schools during the first months of the 2020-2021 school year, but can be used for
qualifying costs back to March 1, 2020.
The CARES Act requires that the payments from the Coronavirus Relief Fund only be
used to cover expenses that:
Page 1 of 3
1. are necessary expenditures incurred due to the public health emergency with
respect to the Coronavirus Disease 2019 (COVID-19);
2. were not accounted for in the budget most recently approved as of March 27,
2020 (the date of enactment of the CARES Act) for the State or local government
entity; and
3. were incurred during the period that begins on March 1, 2020, and ends on
December 30, 2020.
The CRF may not be used to replace lost local or state revenues for public schools in
fiscal year 2021, such as the reduction in state sales tax payments or the removal of
other state Direct Aid to Public Education funding from the fiscal year 2021 state
budget.
DISCUSSION:
Roanoke County Public Schools was awarded the following grants:
$130,116.61 for the Coronavirus Aid, Relief, and Economic Security (CARES)
Act Elementary and Secondary School Emergency Relief (ESSER) State Set-
aside Fund. Grant funds will be used for facility upgrades and cleaning supplies.
$419,900 for the Coronavirus Aid, Relief, and Economic Security (CARES) Act
Governor's Emergency Education Relief (GEER) State Set-aside Fund. Grant
funds will be used for hot spots for low income families with no access to internet.
2,359,630 for Federal Coronavirus Relief Funds (CRF) Awarded to School
Divisions. Grant funds will be used for the replacement of laptops for all
students learning through the 100% online program, air purifiers for all
classrooms and other staff support.
Please see attached reports from the Roanoke County Public Schools for more detail.
FISCAL IMPACT:
No Roanoke County Public Schools funds are required. Funds are 100% Federal funds
passed through the Virginia Department of Education. $2,909,646.61 will be
appropriated to the Roanoke County Public Schools Grant Fund.
STAFF RECOMMENDATION:
Page 2 of 3
Staff recommends approval of the first reading and waiver of the second reading of the
ordinance to accept and appropriate funds for $2,909,646.61 for the specific grant
awards.
Page 3 of 3
11/20/2020 Board Docs® Pro
Agenda Item Details
Meeting Oct 22, 2020 - Roanoke County School Board Meeting
Category 8. CONSENT AGENDA
Subject 8.03 Request for Appropriation of CARES State Set -Aside Funds
Type Action
Budgeted No
The Virginia Department of Education accepted applications for the Coronavirus Aid, Relief, and Economic
Security (CARES) Act awarded emergency relief funds to states for elementary and secondary education
through the Elementary and Secondary School Emergency Relief (ESSER) Fund and the Governor's
Emergency Education Relief (GEER) Fund on August 14, 2020. Roanoke County Public Schools was made
aware of the following awards on October 2, 2020:
ESSER APPLICATION
Application
Awarded
Use
Special Education Services and
Supports
$ 64,479.61
$ 64,479.61
Remote Teacher Tables and
Speakers
Cleaning/Sanitizing Supplies for
Schools and School Buses
$ 50,000.00
$ 28,137.00
Disinfectant
Facilities Upgrades/Protective
Equipment
$ 5 0,000.00
$ 37,500.00
Touchless Bathroom Faucets
TOTAL ESSER APPLICATION
$164,479.61
$130,116.61
GEER APPLICATION
Virginia Initiative to Support
Internet Outside of school Networks
(VISION)
$419,900.00
$419,900.00
Hot Spots for low-income families
with no access to internet (This
will subsidize the County Support)
TOTAL GEER APPLICATION
$419,900.00
$419,900.00
TOTAL SET-ASIDE FUNDS
$584,379.61
$550,016.61
The original application and award information is attached.
Since the grant exceeds the remaining contingency, it will increase the overall Roanoke County Public
Schools budget and will need to be presented to the Board of Supervisors to approve an ordinance for an
additional appropriation.
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Agenda Item Details
Meeting Oct 22, 2020 - Roanoke County School Board Meeting
Category 9. ACTION ITEMS
Subject 9.01 Request for Appropriation Federal Coronavirus Relief Funds (CRF) Awarded to School
Divisions - Mrs. Susan Peterson
Type Action
Preferred Date Oct 22, 2020
Absolute Date Oct 22, 2020
Fiscal Impact Yes
Dollar Amount 2,359,630.00
Budgeted No
On October 9, 2020 the Virginia Department of Education notified all school divisions in the Commonwealth that
Governor Northam allocated $220.8 million of the federal Coronavirus Relief Fund (CRF) to each school division and other
local education agencies. These CRF awards are intended for costs incurred related to COVID-19 in reopening and
operating public schools during the first months of the 2020-2021 school year, but can be used for qualifying costs back
to March 1, 2020.
The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that:
are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease
2019 (COVID-19);
were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the
CARES Act) for the State or local government entity; and
were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.
The CRF may not be used to replace lost local or state revenues for public schools in FY 2021, such as the reduction in
state sales tax payments or the removal of other state Direct Aid to Public Education funding from the FY 2021 state
budget
The Financial Update during the October 15 Work Session reviewed the allowable categories of uses for these CFR awards
and possible ways Roanoke County Public Schools could use the funds. Below is the final suggested use of these funds.
Replace laptops for all students learning through the 100% online program in preschool
$ 26,260.00
Replace laptops for all students learning through the 100% online program in grades KG -3
415,110.00
Replace laptops for all students learning through the 100% online program in grades 4-5
246,945.00
Replace laptops for all students learning through the hybrid program grades in 4-5
768,610.00
Purchase laptops for Instructional Assistants who help with remote learning
164,125.00
Handheld UV Wands for preschool and kindergarten classrooms for extra sanitization
32,000.00
G3 Series UV Ionic air purifiers for all classrooms
541,834.36
Curriculum development & other staffing support costs charged to the CARES ESSER Grant
141,152.90
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School reimbursements for out-of-pocket COVID-related qualifiable expenditures 23,592.74
Total Award $2,359,630.00
The original application and award information is attached.
Since the grant exceeds the remaining contingency, it will increase the overall Roanoke County Public Schools budget and
will need to be presented to the Board of Supervisors to approve an ordinance for an additional appropriation.
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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, DECEMBER 1, 2020
ORDINANCE TO RECEIVE EDUCATION GRANT AWARDS RELATED
TO THE COVID-19 PANDEMIC, AND TO APPROPRIATE $2,909,646.61
TO THE ROANOKE COUNTY PUBLIC SCHOOLS' GRANT FUND FOR
FISCAL YEAR 2020-2021
WHEREAS, the Virginia Department of Education accepted applications for the
Coronavirus Aid, Relief, and Economic Security (CARES) Act awarded emergency relief
funds to states for elementary and secondary education through the Elementary and
Secondary Relief (ESSER) Fund and the Governor's Emergency Education Relief
(GEER) Fund on August 14, 2020; and
WHEREAS, in addition, on October 9, 2020, the Virginia Department of Education
notified all school divisions in the Commonwealth that the Governor had allocated $220.8
million of the federal Coronavirus Relief Fund (CRF) for educational purposes, and that
each school division in the Commonwealth would receive a portion of such funds. These
CRF awards are intended for costs incurred related to COVID-19 in re -opening and
operating public schools during the first months of the 2020-2021 school year, but can be
used for qualifying costs back to March 1, 2020; and
WHEREAS, Roanoke County Public Schools received the following grants:
A. $130,116.61 for the Coronavirus Aid, Relief, and Economic Security (CARES)
Act Elementary and Secondary School Emergency Relief (ESSER) State Set-
aside Fund. Grant funds will be used for facility upgrades and cleaning
supplies.
Page 1 of 2
B. $419,900.00 for the Coronavirus Aid, Relief, and Economic Security (CARES)
Act Governor's Emergency Education Relief (GEER) State Set-aside Fund.
Grant funds will be used for hot spots for low income families with no access to
internet.
C. $2,359,630.00 for Federal Coronavirus Relief Funds (CRF) Awarded to School
Divisions. Grant funds will be used for the replacement of laptops for all
students learning through the 100% online program, air purifiers for all
classrooms and other staff support; and
WHEREAS, the first reading of this ordinance was held on December 1, 2020, and
it has been proposed that in order to facilitate a timely distribution of funds to the Schools,
that the second reading ordinance of this ordinance be dispensed with since an
emergency exists, upon a 4/5ths vote of the members of the Board.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. Grant funds totalling $2,909,646.61, from the sources set forth above, are
received and appropriated to the Roanoke County Public Schools' Grant Fund
for fiscal year 2020-2021.
2. An emergency is deemed to exist, the second reading of this ordinance is
dispensed with, and this ordinance shall be effective upon its adoption.
Page 2 of 2
ACTION NO.
ITEM NO. F.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
December 1, 2020
Ordinance authorizing the acquisition (with conditions) of
Real Property from the Commonwealth of Virginia, located at
0 Old Cave Spring Rd. (Tax Map No. 076.20-03-05.00-
0000), 4555 Old Cave Spring Rd. (Tax Map No. 076.00-03-
02.00-0000), 4607 Old Cave Spring Rd. (Tax Map No.
076.20-03-01.00-0000), 4445 Brambleton Ave. (Tax Map
No. 086.08-04-04.00-0000), and 4441 Brambleton Ave. (Tax
Map No. 086.08-04-05.00-0000) in the Windsor Hills
Magisterial District; and authorizing execution of a
Memorandum of Agreement and deeds of conveyance
Jill Loope
Director of Economic Development
Daniel R. O'Donnell
County Administrator
The acquisition of residual parcels of real estate located at the intersection of Old Cave
Spring Road and Brambleton Avenue.
BACKGROUND:
In 2006, Roanoke County began working with Mennel Milling Company to assist with
relocating its manufacturing operation from Roanoke City to Roanoke County to a 26
acre industrial site Mennel owned between Starkey Road and Commonwealth Drive.
In 2010, Roanoke County worked with Mennel and the Virginia Department of
Transportation (VDOT) to request support for legislation in the 2011 Session of the
Virginia General Assembly to authorize the exchange of real estate between the
Commonwealth and Mennel Milling Company. The exchange of real estate would
benefit the Commonwealth by providing VDOT with a more attractive site for an area
maintenance headquarters for the southwestern portion of Roanoke County. It was also
Page 1 of 4
planned to benefit Mennel Mill by providing additional land needed for their current and
future business operations, as well as improved on site mobility for rail cars and delivery
vehicles at their location off of Starkey Road.
In 2013, Mennel Milling Company was fully built out at its current location in southwest
Roanoke County. It attempted to acquire the parcel of real estate owned by VDOT
adjacent to its existing facilities for future expansion through a strait purchase
transaction, but was informed by VDOT that a swap was the only transaction they would
entertain. As a result, Mennel acquired the former Fabricated Metals property nearby
with the intent of executing the exchange with VDOT. The property Mennel acquired
was for the sole purpose of facilitating the land swap and was of no use to Mennel.
VDOT was involved in the selection of the swap property prior to Mennel acquiring
same.
During this time, VDOT changed its mind and was no longer interested in the land
swap. The compromise solution formed was for the Commonwealth to declare the
property surplus and convey it to a public authority for a valid economic development
purpose. This approach was agreed to by all parties, and resulted in the County's
Economic Development Authority acquiring the property at fair market value and then
selling the property to Mennel.
Subsequent to this, VDOT began to search for a new parcel for its Area Headquarters.
Early in its search, VDOT identified three (3) parcels at the end of Clearbrook Village
Lane that it believed would be ideal for its use. Roanoke County suggested numerous
options for VDOT to explore that would not consume prime commercial property with a
non-taxable use that would not encourage additional quality development. However,
VDOT determined that the Clearbrook Village Lane site was its preferred site. As
Roanoke County has no zoning authority over Commonwealth projects, Roanoke
County is not in a position to prevent VDOT from choosing its preferred location for its
Area Headquarters.
DISCUSSION:
The Virginia Department of Transportation (the "Commonwealth") has expressed its
desire to purchase certain properties (the "Clearbrook Properties") located at the
intersection of Clearbrook Lane and Clearbrook Village Lane, in the Cave Spring
Magisterial District, for the purpose of developing its South Roanoke County
Transportation Maintenance and Operations Facility.
The Clearbrook Properties are located in Roanoke County's Clearbrook overlay zoning
district, and although the Commonwealth is except from County zoning restrictions, the
Commonwealth's proposed use will be inconsistent with the allowed uses in the zoning
district. It has been the vision of the County that the Clearbrook Properties would be
Page 2 of 4
used for purposes that would contribute to the economic development in the County. It
has been proposed that the County acquire the following parcels, located in the County
of Roanoke (Windsor Hills Magisterial District), at the intersection of Old Cave Spring
Road and Brambleton Avenue, which are owned by the Commonwealth:
Address
Tax Map No.
Acreage
0 Old Cave Spring Road
076.20-03-05.00-0000
1.15
4555 Old Cave Spring
Road
076.20-03-02.00-0000
0.29
4607 Old Cave Spring
Road
076.20-03-01.00-0000
0.49
4445 Brambleton Ave.
086.08-04-04.00-0000
0.14
4441 Brambleton Ave.
086.08-04-05.00-0000
10.5
The above parcels are "residue parcels," which were historically acquired by the
Commonwealth's Commissioner of Highways, incidental to the construction and
improvement of public highways, and have been held in the public interest since their
acquisition.
The Residue Parcels have economic -development potential; ownership of them would
facilitate access from Old Cave Spring Road to parcel 086.-8-04-03.00-0000 (4453
Brambleton Avenue), which parcel is 4.3 acres in size, and could provide a desirable
location for business.
Pursuant to § 33.2-1010 of the Code of Virginia, the Commissioner of Highways may
lease, sell, or exchange such residue parcels of land upon such terms and conditions as
in the judgment of the Commissioner of Highways may be in the public interest,
provided, however, that the Commissioner of Highways shall not use such parcels for
any commercial purpose; upon such sale or exchange, such residue properties must be
used for public use.
In recognition of the Commonwealth's intended use of Clearbrook Properties, and in
order to ultimately facilitate potential economic development of the Residual Parcels
within the confines of Section 33.2-1010 of the Code of Virginia, the following
arrangement has been proposed:
A. The Commonwealth will convey, by deed, the Residual Parcels to the County,
upon the condition that the Residual Parcels be used for public purposes,
including the uses of equipment and material storage and project staging. The
Commonwealth will retain an easement in each of the Residual Parcels,
enabling the Commonwealth to continue to use the parcels for its public
purposes; and
Page 3 of 4
B. If and when the time comes that the County desires to convey the Residual
Parcels to the Roanoke County Economic Development Authority ("EDA") for
the purpose of furthering economic development in Roanoke County, the Parties
will execute a new deed with the following provisions:
a. The County will pay the Commonwealth the fair market value of the Residual
Parcels, as determined by an independent appraisal at the time of the
transaction;
b. The Commonwealth's easement in the Residual Parcels will be extinguished;
c. The County will convey fee simple ownership of the Residual Parcels to the
EDA; and
d. The EDA will pay the County the fair market value paid to the Commonwealth
as consideration; and
FISCAL IMPACT:
To initially acquire the properties from the Commonwealth of Virginia, there will be no
fiscal impact.
However, if and when the County decides to convey the property to the EDA for
economic development purposes, the County will pay the Commonwealth the fair
market value of the properties, which will be determined by an independent appraisal at
the time of the transaction. At present, the combined tax assessed value of the
properties is $681,200.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of the ordinance and setting the second
reading for December 15, 2020 for the acquisition of property from the Virginia
Department of Transportation
Page 4 of 4
MEMORANDUM OF AGREEMENT
by and between
the Virginia Commissioner of Highways,
the County of Roanoke, Virginia,
And
the Economic Development Authority of Roanoke County, Virginia
THIS MEMORANDUM OF AGREEMENT, made and executed in triplicate this
day of , 20_, by and between the County of Roanoke, Virginia,
hereinafter referred to as the COUNTY, the Commonwealth of Virginia, acting by and
through the Commissioner of Highways, hereinafter referred to as the
COMMONWEALTH, and the Economic Development Authority of Roanoke County,
Virginia, hereinafter referred to as the EDA.
WHEREAS, the DEPARTMENT has expressed its desire to purchase the property
located at Clearbrook Lane and Clearbrook Village Lane, Tax Map Nos. in
Roanoke County, Virginia, to develop its South Roanoke County Transportation
Maintenance and Operations Facility; and
WHEREAS, the COUNTY has expressed its desire to acquire the property located
at Old Cave Springs Road, Tax Map Nos. _, in Roanoke County, Virginia, from the
COMMONWEALTH for the COUNTY's shared use with the COMMONWEALTH for
the public uses of equipment and material storage and staging; and
WHEREAS, the COUNTY has expressed its desire to potentially convey said
property located at Old Cave Springs Road, to the EDA for the purpose of furthering
economic development in Roanoke County; and
WHEREAS, in the event the COUNTY does convey said property located at Old
Cave Springs Road to the EDA, the COUNTY has expressed its desire pay the fair market
value of said property to the COMMONWEALTH.
NOW THEREFORE, in consideration of the mutual premises contained herein, the
parties agree as follows:
1. The COUNTY shall:
a. Execute a deed in a form substantially similar to Exhibit A, which is
attached hereto and incorporated by this reference. This deed shall
convey the ownership of the property located at Old Cave Springs Road,
Tax Map Nos. , in Roanoke County, Virginia, to the COUNTY and
reserve to the COMMONWEALTH an easement for the
COMMONWEALTH's continued use of the Old Cave Springs property
as a staging area for snow removal and other maintenance operations.
1
b. Use the Old Cave Springs Road property for the public use of staging
and storage for the Western Virginia Water Authority.
c. Execute a deed in a form substantially similar to Exhibit B, which is
attached hereto and incorporated by this reference, in the event the
COUNTY ceases to use the Old Cave Springs Road for the public use
stated herein. The deed shall include a right of reversion for the
COMMONWEALTH in the event the COUNTY ceases to use the Old
Cave Springs Road property for public use. The COUNTY's payment
of fair market value to the COMMONWEALTH shall satisfy this right
of reversion.
2. The COMMONWEALTH shall:
a. Execute a deed in a form substantially similar to Exhibit A.
b. Execute a deed in a form substantially similar to Exhibit B.
3. The EDA shall:
a. Execute a deed in a form substantially similar to Exhibit B, in the event
the COUNTY conveys the Old Cave Springs Road property to the EDA
for the purpose of economic development.
THE COUNTY, EDA and COMMONWEALTH acknowledge that this Agreement has
been prepared jointly by the parties and shall be construed simply and in accordance with
its fair meaning and not strictly for or against any party.
THIS AGREEMENT, when properly executed, shall be binding upon both parties, their
successors, and assigns.
THIS AGREEMENT may be modified in writing by mutual agreement of all parties.
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed as
of the day, month, and year first herein written.
COUNTY OF ROANOKE, VIRGINIA:
Typed or printed name of signatory
2
Title
Signature of Witness
Date
Date
NOTE: The official signing for the COUNTY must attach a certified copy of his or her
authority to execute this agreement.
COMMONWEALTH OF VIRGINIA
COMMISSIONER OF HIGHWAYS:
Lori A. Snider Date
State Right of Way and Utilities Director
Department of Transportation
Signature of Witness
Date
ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY,
VIRIGNIA:
Typed or printed name of signatory
Title
Signature of Witness
3
Date
Date
PREPARED BY VDOT
UNDER THE SUPERVISION OF THE
OFFICE OF THE ATTORNEY GENERAL
Exempted from Grantor taxes
under Section 58.1-811(C)(4)
Roanoke Countv is exempted from recordation taxes and fees pursuant to
" 58.1-811 & 17.1-266, Code of Virginia
THIS QUITCLAIM DEED, made this day of Decd 2020, between the Deleted:,
Deleted:
COMMONWEALTH OF VIRGINIA, acting by and through the Commissioner of
Highways, (`GRANTOR") and THE BOARD OF SUPERVISORS OF TH& COUNTY — Deleted: the
OF ROANOKE, VIRGINIA, (`GRANTEE").
WITNESSETH:
WHEREAS, the hereinafter described residue property was acquired in
connection with the construction, reconstruction, alteration, maintenance and repair of the
State Highway System; and
WHEREAS, this conveyance is authorized in accordance with the provisions of
Section 33.2-1010 of the Code of Virginia (1950), as amended.
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS,
($10.00), and other good and valuable consideration receipt of which is hereby
acknowledged, the GRANTOR does hereby release, remise and quitclaim unto the
GRANTEE all of its right, title and interest in and to the following parcels of land
After recordation return to Grantee's Address:
M
Tax Map No.
Address
Acreage
0 Old
Cave Spring Road
076.20-03-05.00-0000
1.15
4555
Old Cave Spring Road
076.20-03-02.00-0000
0.29
4607
Old Cave Spring Road
076.20-03-01.00-0000
0.49
4445
Brambleton Ave.
086.08-04-04.00-0000
0.14
4441 Brambleton Ave.
086.08-04-05.00-0000
0.5
PREPARED BY VDOT
UNDER THE SUPERVISION OF THE
OFFICE OF THE ATTORNEY GENERAL
Exempted from Grantor taxes
under Section 58.1-811(C)(4)
Roanoke Countv is exempted from recordation taxes and fees pursuant to
" 58.1-811 & 17.1-266, Code of Virginia
THIS QUITCLAIM DEED, made this day of Decd 2020, between the Deleted:,
Deleted:
COMMONWEALTH OF VIRGINIA, acting by and through the Commissioner of
Highways, (`GRANTOR") and THE BOARD OF SUPERVISORS OF TH& COUNTY — Deleted: the
OF ROANOKE, VIRGINIA, (`GRANTEE").
WITNESSETH:
WHEREAS, the hereinafter described residue property was acquired in
connection with the construction, reconstruction, alteration, maintenance and repair of the
State Highway System; and
WHEREAS, this conveyance is authorized in accordance with the provisions of
Section 33.2-1010 of the Code of Virginia (1950), as amended.
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS,
($10.00), and other good and valuable consideration receipt of which is hereby
acknowledged, the GRANTOR does hereby release, remise and quitclaim unto the
GRANTEE all of its right, title and interest in and to the following parcels of land
After recordation return to Grantee's Address:
M
Magisterial District, Roanoke County, Virginia, which Properties shall be used by the
Grantee for public numoses_ in accordance with Section 33.2-1010 of the Code of
Vim:
Tax Map No.
Address
Acreage
0 Old Cave Spring Road
076.20-03-05.00-0000
1.15
4555 Old Cave Spring
Road
076.20-03-02.00-0000
0.29
4607 Old Cave Spring
Road
076.20-03-01.00-0000
0.49
4445 Brambleton Ave.
086.08-04-04.00-0000
0.14
4441 Brambleton Ave.
086.08-04-05.00-0000
0.5
as shown on Sheets of the plans for Route State
Highway Project and lying north of and adjacent to the north
revised existing right of way line of Route from a point
approximately feet opposite approximate Station +
( centerline) to a point approximately feet opposite
approximate Station + ( centerline) containing
acres, more or less, land; and being a part of the same lands acquired from
by deed dated recorded in Deed Book Page
in the office of the Clerk of the Circuit Court of the City of
Virginia
For a more particular description of the land herein conveyed, reference is
made to the photocopy of said Sheets, , showing outlined in RED the
said land, which photocopy is hereto attached as a part of this conveyance
and is to be recorded simultaneously herewith in the State Highway Plat
Book , Page
All or a portion of the said property shown outlined in RED on the aforesaid plan
sheet may be located within the 100 year flood plain as may be determined by the Federal
Emergency Management Agency and may be restricted as to use by zoning ordinances
-2-
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incorporate the plat by reference
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and regulations of the jurisdictions wherein the land lies.
It is understood and agreed by and between the parties hereto, that the Grantor
shall retain a permanent easement to maintain, operate, and use the property for its
maintenance operations.
It is understood and agreed by and between the parties hereto, that this
conveyance is subject to any right, privilege, easement, condition or restriction
encumbering the herein described land, whether located above, upon, or under the
surface, either presently in use or of record.
It is further understood and agreed by and between the parties hereto, that should
the Grantee discontinue use of the lands herein conveyed for public purposes, the Parties,
shall execute a new deed, in substantial form as Exhibit B (attached hereto and
incorporated by reference), pursuant to which Grantee shall pay to the Commonwealth of
Virginia, Department of Transportation the fair market value of the property, which the
Parties agree shall be the then current tax -assessed value of the propert If the Grantee, -oeietea:-ffi,- dernandoractiononthepanofrheGrantor
its successors or assigns, fails to immediately comply with the terms hereof, the Grantor
may petition any court of competent jurisdiction to enforce such provisions, including the
execution of the deed and payment of fair market value.
(Remainder of page intentionally left blank)
-3-
IN WITNESS WHEREOF, the Commonwealth of Virginia, Commissioner of
Highways, has caused this deed to be executed in its name as of the day, month, and year
first above written.
C•
COMMONWEALTH OF VIRGINIA
City of Richmond, to -wit:
COMMONWEALTH OF VIRGINIA
Commissioner of Highways
(SEAL)
Lori A. Snider
State Right of Way and Utilities Director
Department of Transportation
The foregoing instrument was acknowledged before me this day of j2ecember Deleted:
2020, by Lori A. Snider, State Right of Way and Utilities Director, Virginia Department Deleted:
of Transportation, who has been authorized to execute same by the Commissioner of
Highways_
My commission expires:
-4-
Notary Public
Deleted: ¶
I
Affix Stamp for Notary ID and Commission Expiration Date:
Formatted: Indent: First line: 0"
ACCEPTED BY:
THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, Formatted: Indent: Left: 0"
VIRGINIA:
Formatted: Indent: Left: 0"
pamel R. O'Donnell Deleted: Typed or printed name of signatory
,Roanoke County Administrator* Date
(Deleted: Title
Deleted:
Deleted: ¶
Commonwealth of Virginia
County of Roanoke, to wit:
The foregoing QUITCLAIM DEED was acknowledged before me this the a o
Q g day
g g fhihd
December 2020 by Daniel R. O'Donnell, County Administrator of the County of
Roanoke, Virginia.
Signature oWitness
¶
Approved as to form:¶
¶
[NANIE]9 ¶
County Attorney¶
Deleted:
Notary Public
Deleted:
My commission expires:
Deleted:
Deleted: _
Deleted:
Deleted:
Approved as to form:
County Attorney
-5-
Date¶
Tax Map Parcel Number not assigned
PREPARED BY VDOT
UNDER THE SUPERVISION OF THE
OFFICE OF THE ATTORNEY GENERAL
Exempted from Grantor taxes
under Section 58.1-811(C)(4)
THIS QUITCLAIM DEED, made this day of , 20 , between the
COUNTY OF ROANOKE, VIRGINIA, ("GRANTOR"), the ECONOMIC
DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA,
("GRANTEE"), and the COMMONWEALTH OF VIRGINIA, acting by and through the
Commissioner of Highways, ("COMMONWEALTH")
WITNESSETH:
WHEREAS, this conveyance is authorized in accordance with the provisions of
Section 15.2-4900 et seq. of the Code of Virginia (1950), as amended.
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS,
($10.00), and other good and valuable consideration receipt of which is hereby
acknowledged, the GRANTOR does hereby release, remise and quitclaim unto the
GRANTEE all of its right, title and interest in and to the hereinafter described lot or
parcel of land and any and all improvements, all of which lies in Magisterial District,
Roanoke County, Virginia:
Being as shown on Sheets of the plans for Route , State
Highway Project and lying north of and adjacent to the north
revised existing right of way line of Route , from a point
After recordation return to Grantee's Address:
-1-
approximately feet opposite approximate Station +
( centerline) to a point approximately feet opposite
approximate Station + ( centerline) containing
acres, more or less, land; and being a part of the same lands acquired from
, by deed dated , recorded in Deed Book , Page ,
in the office of the Clerk of the Circuit Court of the City of ,
Virginia.
For a more particular description of the land herein conveyed, reference is
made to the photocopy of said Sheets , showing outlined in RED the
said land, which photocopy is hereto attached as a part of this conveyance
and is to be recorded simultaneously herewith in the State Highway Plat
Book , Page
All or a portion of the said property shown outlined in RED on the aforesaid plan
sheet may be located within the 100 year flood plain as may be determined by the Federal
Emergency Management Agency and may be restricted as to use by zoning ordinances
and regulations of the jurisdictions wherein the land lies.
It is understood and agreed by and between the parties hereto, that the permanent
easement reserved to the COMMONWEALTH for its use of maintenance and operations
is hereby terminated.
It is understood and agreed by and between the parties hereto, that the Grantor
shall pay to the COMMONWEALTH the fair market value at the time of transaction.
It is understood and agreed by and between the parties hereto, that this
conveyance is subject to any right, privilege, easement, condition or restriction
encumbering the herein described land, whether located above, upon, or under the
surface, either presently in use or of record.
It is further understood and agreed by and between the parties hereto, that should
the Grantee discontinue use of the lands herein conveyed for public purposes, all of
IWA
Grantee's right title and interest to said lands shall immediately terminate and the lands
shall revert to the Commonwealth of Virginia, Department of Transportation, without
demand or action on the part of the Grantor. For the purpose of public notice in the event
of reversion, the Grantee shall quitclaim and release said property by deed to the
Commonwealth of Virginia, Department of Transportation immediately on written
request by the Grantor. If the Grantee, its successors or assigns, fails to immediately
comply with the terms hereof, the Grantor may petition any court of competent
jurisdiction to enforce the re -conveyance of said property.
(Remainder of page intentionally left blank)
-3-
IN WITNESS WHEREOF, the Commonwealth of Virginia, Commissioner of
Highways, has caused this deed to be executed in its name as of the day, month, and year
first above written.
COUNTY OF ROANOKE, VIRGINIA
IM
[NAME]
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
Virginia.
20 , by of the County of Roanoke,
Notary Public
Affix Stamp for Notary ID and Commission Expiration Date:
AGREED TO BY:
COMMONWEALTH OF VIRGINIA
COMMISSIONER OF HIGHWAYS:
Lori A. Snider
State Right of Way and Utilities Director
Department of Transportation
WE
COMMONWEALTH OF VIRGINIA
City of Richmond, to -wit:
The foregoing instrument was acknowledged before me this day of
, 20 , by Lori A. Snider, State Right of Way and Utilities
Director, Virginia Department of Transportation, who has been authorized to execute
same by the Commissioner of Highways.
Notary Public
Affix Stamp for Notary ID and Commission Expiration Date:
ACCEPTED BY:
THE ECONOMIC DEVELOPMENT AUTHORITY OF
ROANOKE COUNTY, VIRGINIA:
Typed or printed name of signatory
Title Date
Signature of Witness Date
Commonwealth of Virginia
County of Roanoke, to wit:
The foregoing QUITCLAIM DEED was acknowledged before me this the day of
, 20 , by of the County of Roanoke, Virginia.
Notary Public
SIB
My commission expires:
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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, DECEMBER 1, 2020
ORDINANCE AUTHORIZING THE ACQUISITION (WITH CONDITIONS)
OF REAL PROPERTY FROM THE COMMONWEALTH OF VIRGINIA,
LOCATED AT 0 OLD CAVE SPRING RD. (TAX MAP NO. 076.20-03-
05.00-0000), 4555 OLD CAVE SPRING RD. (TAX MAP NO. 076.00-03-
02.00-0000), 4607 OLD CAVE SPRING RD. (TAX MAP NO. 076.20-03-
01.00-0000), 4445 BRAMBLETON AVE (TAX MAP NO. 086.08-04-
04.00-0000), AND 4441 BRAMBLETON AVE. (TAX MAP NO. 086.08-04-
05.00-0000), IN THE WINDSOR HILLS MAGISTERIAL DISTRICT; AND
AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
AGREEMENT AND DEEDS OF CONVEYANCE
WHEREAS, the Virginia Department of Transportation (the "Commonwealth")
has expressed its desire to purchase certain properties (the "Clearbrook Properties")
located at the intersection of Clearbrook Lane and Clearbrook Village Lane, in the Cave
Spring Magisterial District, for the purpose of developing its South Roanoke County
Transportation Maintenance and Operations Facility; and
WHEREAS, the Clearbrook Properties are located in Roanoke County's
Clearbrook overlay zoning district, and although the Commonwealth is except from
County zoning restrictions, the Commonwealth's proposed use will be inconsistent with
the allowed uses in the zoning district. It has been the vision of the County that the
Clearbrook Properties would be used for purposes that would contribute to the
economic development in the County; and
WHEREAS, it has been proposed that the County acquire the following parcels,
located in the County of Roanoke (Windsor Hills Magisterial District), at the intersection
of Old Cave Spring Road and Brambleton Avenue, which are owned by the
Commonwealth:
Page 1 of 4
and;
Address
Tax Map No.
Acreage
0 Old Cave Spring Road
076.20-03-05.00-0000
1.15
4555 Old Cave Spring
Road
076.20-03-02.00-0000
0.29
4607 Old Cave Spring
Road
076.20-03-01.00-0000
0.49
4445 Brambleton Ave.
086.08-04-04.00-0000
0.14
4441 Brambleton Ave.
086.08-04-05.00-0000
0.5
WHEREAS, the above parcels are "residue parcels," (hereafter the "Residual
Parcels") as set forth in § 33.2-1009 of the Code of Virginia, which were historically
acquired by the Commonwealth's Commissioner of Highways, incidental to the
construction and improvement of public highways, and have been held in the public
interest since their acquisition; and
WHEREAS, the Residue Parcels have economic -development potential;
ownership of them would facilitate access from Old Cave Spring Road to parcel 086.-8-
04-03.00-0000 (4453 Brambleton Avenue), which parcel is 4.3 acres in size, and could
provide a desirable location for business; and
WHEREAS, pursuant to § 33.2-1010 of the Code of Virginia, the Commissioner
of Highways may lease, sell, or exchange such residue parcels of land upon such terms
and conditions as in the judgment of the Commissioner of Highways may be in the
public interest, provided, however, that the Commissioner of Highways shall not use
such parcels for any commercial purpose; upon such sale or exchange, such residue
properties must be used for public use; and
WHEREAS, in recognition of the Commonwealth's intended use of Clearbrook
Properties, and in order to ultimately facilitate potential economic development of the
Page 2 of 4
Residual Parcels within the confines of Section 33.2-1010 of the Code of Virginia, the
following arrangement has been proposed:
A. The Commonwealth will convey, by deed, the Residual Parcels to the
County, upon the condition that the Residual Parcels be used for public
purposes, including the uses of equipment and material storage and
project staging. The Commonwealth will retain an easement in each of the
Residual Parcels, enabling the Commonwealth to continue to use the
parcels for its public purposes; and
B. If and when the time comes that the County desires to convey the
Residual Parcels to the Roanoke County Economic Development
Authority ("EDA") for the purpose of furthering economic development in
Roanoke County, the Parties will execute a new deed with the following
provisions:
a. The County will pay the Commonwealth the fair market value of the
Residual Parcels, as determined by an independent appraisal at
the time of the transaction;
b. The Commonwealth's easement in the Residual Parcels will be
extinguished;
c. The County will convey fee simple ownership of the Residual
Parcels to the EDA; and
d. The EDA will pay the County the fair market value paid to the
COMMONWEALTH as consideration; and
Page 3 of 4
WHEREAS, a draft Memorandum of Agreement and draft deeds have been
prepared between the Commonwealth, the County, and EDA; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition of real estate interests be accomplished by ordinance; the first reading of
this ordinance was held on December 1, 2020, and the second reading was held on
December 15, 2020.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that the County Administrator, or any Assistant County Administrator,
is hereby authorized to execute such memorandum of agreement and deeds and take
such actions on behalf of Roanoke County in this matter as are necessary to
accomplish the acquisition of the following real estate (in accordance with the proposed
Memorandum of Agreement, as set forth in the preliminary recitals of this Ordinance),
all of which shall be approved as to form by the County Attorney:
Address
Tax Map No.
Acreage
0 Old Cave Spring Road
076.20-03-05.00-0000
1.15
4555 Old Cave Spring
Road
076.20-03-02.00-0000
0.29
4607 Old Cave Spring
Road
076.20-03-01.00-0000
0.49
4445 Brambleton Ave.
086.08-04-04.00-0000
0.14
4441 Brambleton Ave.
086.08-04-05.00-0000
0.5
Page 4 of 4
ACTION NO.
ITEM NO. F.4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
December 1, 2020
Ordinance accepting and appropriating $165,450 from the
Virginia Outdoors Foundation for the purchase of a half -
interest in 34 acres adjacent to Explore Park in Bedford and
Roanoke Counties
Doug Blount
Director of General Services and Parks, Recreation
APPROVED BY: Daniel R. O'Donnell
County Administrator
ISSUE:
Ordinance accepting and appropriating $165,450 from the Virginia Outdoors Foundation
for the purchase of a half -interest in 34 acres adjacent to Explore Park in Bedford and
Roanoke Counties
BACKGROUND:
Since 2013, Roanoke County has operated Explore Park under a 99 -year lease from
the Virginia Recreational Facilities Authority (VRFA), a political subdivision of the
Commonwealth that owns over 1,100 acres along the Roanoke River in Bedford and
Roanoke Counties. The VRFA was created to provide high quality recreation in the
western part of Virginia, to promote tourism and economic development, and to
conserve scenic and natural areas along the Roanoke River. Following an extensive
public involvement process, Roanoke County developed the 2016 Explore Park
Adventure Plan that proposed a new vision for Explore Park as an outdoor adventure
recreation destination. The Adventure Plan also proposed preserving much of Explore
Park in its natural state to allow for passive recreation, open space, and forest
conservation.
There are three parcels totaling 34.10 acres that are located within the boundaries of
Explore Park and north of the Roanoke River. These parcels are co -owned by the
VRFA and Betty W. Mayes, who each own a half -interest (50%). Two of the parcels are
Page 1 of 6
located in Bedford County and one of the parcels is located in Roanoke County, as
shown on the attached map and summarized below:
Parcel C/Tax Map Number 172-A-42
12.10 deeded acres; wooded; undeveloped
Located in Bedford County
Frontage on Breezewood Lane
2020 Assessed Value: $64,400.00
Parcel D/Tax Mar) Number 080.00-05-17.00-0000
13.95 deeded acres; wooded; undeveloped
Located in Roanoke County
Frontage on the Roanoke River
Railroad crosses the parcel
2020 Assessed Value: $16,700.00
Parcel E/Tax Map Number 172 -A -14A
8.05 deeded acres; wooded; undeveloped
Located in Bedford County
2020 Assessed Value: $16,100.00
Ms. Mayes approached Roanoke County expressing her willingness to sell her half -
interest in the three parcels. Roanoke County submitted a grant application to the
Virginia Outdoors Foundation (VOF) Forest CORE Program in 2018 for acquisition of
Ms. Mayes half- interest in the three parcels. TheVOF awarded Roanoke County
$165,450 for the purchase and protection of Ms. Mayes' half -interest in the 34 acres
of land contained within the boundaries of Explore Park.
DISCUSSION:
Following the purchase of Ms. Mayes' half -interest of the property by Roanoke County,
the property will be jointly owned by Roanoke County (50% interest) and the VRFA
(50% interest) and placed under an open -space easement with the VOF, in accordance
with the Open -Space Land Act (Va. Code § 10.1-1700 et seq.) including Section 10.1-
1701 of the Code of Virginia (1950), as amended. Roanoke County proposes to
manage these three parcels as part of Explore Park, remaining forested and largely
undeveloped, except for trails and similar facilities for outdoor recreation, as outlined in
the Explore Park Adventure Plan. Planned restoration management activities will follow
the guidance of a forest management plan, written with forest health as the
management objective. Potential activities may include invasive species control, the
planting of native species, and riparian buffers. County staff have met with the VRFA
Board of Directors who are supportive of placing the open space easement and forest
management restrictions on the parcels.
Page 2 of 6
In addition, Roanoke County must comply with the following VOF requirements, which
are provided in the attached grant agreement:
I. To provide the following documents to VOF prior to disbursement of the grant funds:
1. An appraisal of the Property prepared within six months of closing by a Virginia
licensed appraiser who meets Uniform Standards of Professional Appraisal
Practice (USPAP) standards.
2. A real estate purchase contract evidencing that the Properties are under contract
to be sold to the Grant Recipient and Grant Recipient's ability and intention to
acquire the Property.
3. A survey of the project properties to ALTA/ASTM standards prepared by a
Virginia licensed surveyor or professional engineer, preferable in digital form,
depicting the metes and bounds of the property.
4. A Phase I Environmental Site Assessment shall be provided.
5. Final policy or commitment for owner's title insurance less than ninety (90) days
old showing title vested in the seller of the properties and that upon closing of the
purchase transactions, Roanoke County will hold an unencumbered fee simple
interest in the property (subject to easements and other encumbrances of record
acceptable to VOF).
6. Roanoke County must provide contact information to the settlement agent who
will be receiving the grant funds for closing and must also provide a W-9 for that
company at least two weeks before the desired closing date.
7. Verification of eligible expenditures related to property acquisition at closing and
shown on settlement statement, including, but not limited to: survey fees,
appraisal fees, legal fees including title reports and insurance, required reports,
and recordation fees.
8. Verification of eligible expenditures related to restoration and enhancement work
prior to fund disbursement which may include bills of sale, copies of invoices,
contracts, cancelled checks (both parties), etc. Grant recipient is strongly
encouraged to review planned restoration or enhancement work and estimated
costs with VOF before work is executed. Eligible restoration and enhancement
work on the property include those activities to promote forest health as outlined
in a forest management plan, to include inventory and treatment of invasive
species and afforestation with native species if appropriate.
11. To comply with the following terms and conditions:
1. The property acquisition must be completed before any restoration or
Page 3 of 6
enhancement activities may receive funds. Any variance from the budget
submitted with application and the eligible expenditures listed above must be
approved by VOF staff in writing.
2. Until the completion of the project or the end of the grant period (December
8, 2022), Roanoke County shall submit brief progress reports twice per year
to VOF on the status of grant implementation, with the first report due by
December 30, 2020. The second report will be due by June 8, 2021, and
subsequent reports (if any) due every six months thereafter. Additionally, a final
report is due upon completion of the project.
3. In any deed conveying the property, or any portion thereof, to a state or local
governmental body, the deed must designate such property as open -space land
in accordance with the Open -Space Land Act (Va. Code § 10.1-1700 et seq.)
including Section 10.1-1701 of the Code of Virginia (1950), as amended.
4. In addition, the restrictions outlined below shall be imposed in perpetuity by
enforceable restrictions set forth in a deed of easement to be granted to VOF.
See Exhibit B for deed of easement template.
a. Permanent protection of the forest areas in accordance with the
forestry provision set forth in Exhibit A attached to this agreement or by
an enhanced forestry provision; and
b. Further permanent protection of the property as set forth generally in
the restrictive provisions set forth in Exhibit A.
5. The form of deeds of transfer from Roanoke County and VRFA to other entities
and any conservation or open -space easements must be provided to and
approved by the Virginia Outdoors Foundation prior to execution.
6. Roanoke County must provide copies of all recorded deeds of transfer, open
space easements, and conservation easements for which VOF monies have
been awarded, showing the locality, deed book, page of recordation, and/or
instrument number to VOF no later than one month after recordation.
7. Roanoke County will release information to the media informing the community
of the project and acknowledging that it has received funding from VOF. All
press releases and other printed materials and publications, audiovisuals, and
signs pertaining to the project must be reviewed by VOF before use. Each
protected land or project will be permanently marked with a VOF sign or signs
(as appropriate) in locations reasonably selected or approved by VOF. VOF
shall provide such signs at no cost to the property owner.
8. VOF reserves the right to seek a review of the appraisal submitted by Roanoke
Page 4 of 6
County, at Roanoke County's expense, prior to disbursement of grant funds.
9. Roanoke County shall work closely with VOF to set up all property closings and
must contact VOF at least one month before the desired closing date to ensure
that VOF will have sufficient funds available to meet the funding obligations
created hereunder.
10. Roanoke County shall hold the Commonwealth of Virginia harmless from all
legal liability under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. §§
9601 et seq., together with any other federal, state or local law or ordinance
related to hazardous substances or hazardous waste. Roanoke County shall
include in all deeds conveying the property (except those to the federal
government) a requirement that all subsequent owners of any portion of the
property shall hold the Commonwealth of Virginia harmless from all legal liability
under the Comprehensive Environmental Response, Compensation and Liability
Act of 1980 (CERCLA), as amended, 42 U. S. C. §§ 9601 et seq., together with
any other federal, state or local law or ordinance related to hazardous
substances or hazardous waste.
11. Modification of this Agreement must be in a writing executed by the parties
hereto.
12. The interpretation and performance of this Agreement shall be in accordance
with the laws of the Commonwealth of Virginia. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, the
remaining provisions shall not be affected thereby.
13. This Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective successors.
14. The individuals executing this Agreement on behalf of VOF and Roanoke County
possess all necessary power and authority to bind the parties hereto and, upon
execution, this Agreement shall constitute a legal and valid obligation of the
parties hereto.
Termination of grant agreement:
VOF reserves the right to reclaim grant funds or properties purchased with grant funds
or to nullify the grant agreement if recipient fails to meet land transfer deadlines, obtain
appropriate open space protection, appropriate forest management provision, or provide
required documentation regardless of transfer of ownership.
Page 5 of 6
FISCAL IMPACT:
The VOF Forest CORE Program provides one -hundred percent (100%) of the costs
associated with the land acquisition, including the appraisals, ALTA survey,
environmental assessments, title reports, and closing costs. There is no local match
required.
Per the grant agreement, the VOF grant funds distributed shall not exceed the approved
appraised value of the three properties acquired plus eligible documented costs
incurred, not to exceed the total grant amount of $165,450.00, and that grant funds may
be released in stages as each of the parcels are acquired and subsequent required
enhancement activities occur.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of this ordinance and scheduling the
second reading for December 15, 2020.
Page 6 of 6
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,�IROANOKE Forest CORE Fund: Forest and Community Opportunities for Restoration and Enhancement Drawn by: WWilcox
VA Document Name: 20181031 -VOF-CORE
rI- 2018 Grant Round - Mountain Valley Region
Date: 10/28/2018
October 30, 2018
Mark Courtright
Assistant Director of Parks
Roanoke County Parks, Recreation and Tourism
1206 Kessler Mill Road
Salem, VA 24153
Re: Virginia Outdoors Foundation Forest CORE Program
Explore Park Forest Preservation
Dear Mr. Courtright,
I am interested in negotiating a price to sell the on -half interest 1 own on the following
parcels to Roanoke County for purposes of expanding Explore Park and conserving forestland:
Parcel ID:
Locality:
Acreage:
�
17220900
Bedford County
8.05 acres
17204800
Bedford County
12.10 acres
80.00-05-17.00-0000
Roanoke County
13.95 acres
The Virginia Recreational Facilities Authority (VRFA) owns the remaining one-half interest
in these parcels. 1 understand the sale is contingent of receiving grant funds from the Forest
Core Program, and after the completion of a sale, my property would be added to Explore Park
to conserve its forest.
Sincerely,
Betty W. Mayes
242 Trevey Road
Buchanan, VA 24066-4872
VIRGINIA OUTDOORS TERRA
VIRGINIA OUTDOORS FOUNDATION
FOREST CORE FUND
GRANT AGREEMENT
Grant Recipient: Roanoke County Department of Parks, Recreation & Tourism (Roanoke County)
Project Title: Explore Park Forest Preservation
Project Number: FCFMVP2018-00006
Board Approval Date: December 5, 2018
Project Period: June 8, 2020 through December 8, 2022
Project: Acquisition of half -interest in three tax map parcels co -owned by Betty W. Mayes
and the Virginia Recreational Facilities Authority (VRFA), totaling 34.1 acres,
contained within the boundary of Explore Park, which is managed by Roanoke
County for outdoor recreation. Following the purchase of Ms. Mayes' half -
interest of the property by Roanoke County, the Property will be jointly owned
by Roanoke County (50% interest) and VRFA (50% interest) and placed under an
open -space easement with Virginia Outdoors Foundation. The parcels will be
added to Explore Park to be preserved as forest with year-round public access.
Planned restoration management activities will follow the guidance of a forest
management plan, written with forest health as the management objective.
Potential activities may include invasive species control and the planting of native
species.
Property: 34.1 acres in Roanoke and Bedford Counties, contained within Explore Park.
Specifically, parcels referenced in the application as:
Parcel C: TMP 172-A-42, Bedford County
Parcel D: Parcel ID 080.00-05-17.00-0000, Roanoke County
Parcel E: TMP 172 -A -14A, Bedford County
Grant Amount: $165,450.00 (see Exhibit C: proposed budget for estimated breakdown of funds
for preservation/enhancement/restoration)
It is understood and agreed that the Virginia Outdoors Foundation (VOF) grant funds distributed shall not
exceed the approved appraised value of real properties acquired plus eligible documented costs incurred,
not to exceed the total grant amount of $165,450.00, and that grant funds may be released in stages as
each of the parcels is acquired and subsequent required enhancement activities occur.
Roanoke County Department of Parks, Recreation & Tourism, in consideration of the grant funds in
the amount of $165,450.00 being provided to it pursuant to this agreement by VOF, agrees as follows:
I. To provide the following documents to VOF prior to disbursement of the grant funds:
1. An appraisal of the Property prepared within six months of closing by a Virginia licensed appraiser
who meets Uniform Standards of Professional Appraisal Practice (USPAP) standards.
2. A real estate purchase contract evidencing that the Properties are under contract to be sold to the
Grant Recipient and Grant Recipient's ability and intention to acquire the Property.
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3. A survey of the project properties to ALTA/ASTM standards prepared by a Virginia licensed surveyor
or professional engineer, preferable in digital form, depicting the metes and bounds of the property.
4. A Phase I Environmental Site Assessment shall be provided.
5. Final policy or commitment for owner's title insurance less than ninety (90) days old showing title
vested in the seller of the properties and that upon closing of the purchase transactions, Roanoke
County will hold an unencumbered fee simple interest in the property (subject to easements and
other encumbrances of record acceptable to VOF).
6. Roanoke County must provide contact information to the settlement agent who will be receiving the
grant funds for closing and must also provide a W-9 for that company at least two weeks before the
desired closing date.
7. Verification of eligible expenditures related to property acquisition at closing and shown on
settlement statement, including, but not limited to: survey fees, appraisal fees, legal fees including
title reports and insurance, required reports, and recordation fees.
8. Verification of eligible expenditures related to restoration and enhancement work prior to fund
disbursement which may include bills of sale, copies of invoices, contracts, cancelled checks (both
parties), etc. Grant recipient is strongly encouraged to review planned restoration or enhancement
work and estimated costs with VOF before work is executed. Eligible restoration and enhancement
work on the property include those activities to promote forest health as outlined in a forest
management plan, to include inventory and treatment of invasive species and afforestation with
native species if appropriate.
II. To comply with the following terms and conditions:
1. The property acquisition must be completed before any restoration or enhancement activities may
receive funds. Any variance from the budget submitted with application and the eligible expenditures
listed above must be approved by VOF staff in writing.
2. Until the completion of the project or the end of the grant period (December 8, 2022), Roanoke
County shall submit brief progress reports twice per year to VOF on the status of grant
implementation, with the first report due by December 30, 2020. The second report will be due by
June 8, 2021, and subsequent reports (if any) due every six months thereafter. Additionally, a final
report is due upon completion of the project.
3. In any deed conveying the property, or any portion thereof, to a state or local governmental body,
the deed must designate such property as open -space land in accordance with the Open -Space Land
Act (Va. Code § 10.1-1700 et seq.) including Section 10.1-1701 of the Code of Virginia (1950), as
amended.
4. In addition, the restrictions outlined below shall be imposed in perpetuity by enforceable restrictions
set forth in a deed of easement to be granted to VOF. See Exhibit B for deed of easement template.
a. Permanent protection of the forest areas in accordance with the forestry provision set
forth in Exhibit A attached to this agreement or by an enhanced forestry provision; and
b. Further permanent protection of the property as set forth generally in the restrictive
provisions set forth in Exhibit A.
5. The form of deeds of transfer from Roanoke County and VRFA to other entities and any conservation
or open -space easements must be provided to and approved by the Virginia Outdoors Foundation
prior to execution.
6. Roanoke County must provide copies of all recorded deeds of transfer, open space easements, and
conservation easements for which VOF monies have been awarded, showing the locality, deed book,
page of recordation, and/or instrument number to VOF no later than one month after recordation.
7. Roanoke County will release information to the media informing the community of the project and
acknowledging that it has received funding from VOF. All press releases and other printed materials
and publications, audiovisuals, and signs pertaining to the project must be reviewed by VOF before
use. Each protected land or project will be permanently marked with a VOF sign or signs (as
appropriate) in locations reasonably selected or approved by VOF. VOF shall provide such signs at no
cost to the property owner.
8. VOF reserves the right to seek a review of the appraisal submitted by Roanoke County, at Roanoke
County's expense, prior to disbursement of grant funds.
9. Roanoke County shall work closely with VOF to set up all property closings and must contact VOF at
least one month before the desired closing date to ensure that VOF will have sufficient funds available
to meet the funding obligations created hereunder.
10. Roanoke County shall hold the Commonwealth of Virginia harmless from all legal liability under the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as
amended, 42 U.S.C. §§ 9601 et seq., together with any other federal, state or local law or ordinance
related to hazardous substances or hazardous waste. Roanoke County shall include in all deeds
conveying the property (except those to the federal government) a requirement that all subsequent
owners of any portion of the property shall hold the Commonwealth of Virginia harmless from all legal
liability under the Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA), as amended, 42 U. S. C. §§ 9601 et seq., together with any other federal, state or local law
or ordinance related to hazardous substances or hazardous waste.
11. Modification of this Agreement must be in a writing executed by the parties hereto.
12. The interpretation and performance of this Agreement shall be in accordance with the laws of the
Commonwealth of Virginia. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid, the remaining provisions shall not be affected thereby.
13. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors.
14. The individuals executing this Agreement on behalf of VOF and Roanoke County possess all necessary
power and authority to bind the parties hereto and, upon execution, this Agreement shall constitute
a legal and valid obligation of the parties hereto.
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Termination of grant agreement:
VOF reserves the right to reclaim grant funds or properties purchased with grant funds or to nullify the
grant agreement if recipient fails to meet land transfer deadlines, obtain appropriate open space
protection, appropriate forest management provision, or provide required documentation regardless of
transfer of ownership.
In witness whereof, the parties hereto have executed this contractual agreement as of the dates entered
below.
The Virginia Outdoors Foundation
Forest CORE Fund
By:
Martha Little
Deputy Director
Grant Recipient:
By:
[Signature]
Please print name here:
Title:
Date:
Date:
L'
VIRGINIA OUTDOORS TERRA
EXHIBIT A
Restrictions for parcel(s) to be conveyed to
state or local governmental bodies
Forest Management Deed Restriction
No timbering shall be permitted other than for the following purposes:
Cutting of trees for maintenance of existing cleared areas used for parking, roads, utilities,
buildings, and structures;
Cutting of trees for creation and maintenance of trails;
iii. Cutting of trees, with prior written approval of Grantee for wildlife habitat management, for
the protection or enhancement of the natural heritage resources, for conversion of
monoculture plantations to natural forest conditions, which approval or disapproval shall take
into consideration the ecological importance of tree cover and avoidance of forest
fragmentation;
iv. Removal of trees posing an imminent hazard to the health or safety of persons or to property;
V. Removal of invasive trees or other invasive species or
vi. Removal of trees that are diseased, storm -damaged, or have died naturally. In general, the
forest shall be maintained in its natural state. Forest management practices conducted shall
comply with an approved forest stewardship plan with the intent of restoring the ecological
health and function of the forest and such practices may not be employed primarily for
commercial purposes.
Best Management Practices (BMPs), as defined by the Virginia Department of Forestry, shall be used
to control erosion and protect water quality when any material timber harvest is undertaken, such as
may be required for (iii), (v), or (vi) above. A pre -harvest plan shall be submitted for approval no later
than fourteen days before the proposed date of a material timber harvest, and such plan must be
consistent with the terms of the easement on the property. The pre -harvest plan shall describe the
BMPs to be used in sufficient detail to ensure that water quality will be protected.
Additional Suggested Deed Restrictions
Prohibit separate conveyance of a portion of the Property or division of the Property.
ii. Limit buildings, structures, roads, public parking areas, trails, utilities, and signs permitted
on the property. (List those permitted, limit ground area of the buildings and structures
permitted, include sign provision acknowledging VOF contribution to funding of the project,
and limit infrastructure to small area of property. Infrastructure should be constructed using
Best Management Practices and should be sited to avoid sensitive areas.)
iii. Limit activities on the property to public outdoor recreational activities, natural resource-
based educational or scientific activities, and small-scale incidental commercial operations
compatible with above -listed activities.
5
iv. Provide for riparian protection zones, such as riparian buffers along waterways adjacent to
or traversing the property, for buffering of karst features, and for protection of natural
heritage resources.
V. Limit grading, blasting, filling, or earth removal to avoid materially altering the topography
of the property except as required for construction of permitted buildings, structures, roads,
public parking area, trails, utilities, and signs.
vi. Prohibit surface and subsurface mining on the property, drilling for oil, gas, or other
minerals on the property, and dredging on or from the property.
vii. Provide for public access to the property or certain trails thereon.
G
VIRGINIA oUTnooRS TERRA
1*:1:1111 a 3
Template for deeds of conveyance in which Forest Core Grant Funds
are provided for purchase or partial purchase of property
NOTE TO TITLE EXAMINERS: This deed contains restrictions on permitted uses and activities on the
property described below, which run with the land and are applicable to the property in perpetuity.
Prepared by: F. Bruce Stewart (VSB No. 08780)
Virginia Outdoors Foundation
402 W. Duke of Gloucester Street, Suite 218
Williamsburg, VA 23185
Return to:
Tax Parcel No(s).
Exempt from
under the Code of Virginia (1950), as amended,
Section(s) and from
Circuit Court Clerk's fee under Section 17.1-266
THIS DEED made this day of , 20_, between , party of
the first part, Grantor; party of the second part, Grantee; and the Virginia
Outdoors Foundation, an agency of the Commonwealth of Virginia (VOF), party of the third part,
witnesseth:
RrrIT01 C•
R-1. The Federal Energy Regulatory Commission issued a Certificate of Public Convenience and Necessity
on October 13, 2017 to Mountain Valley Pipeline, LLC permitting it to construct a natural gas pipeline (the
"Mountain Valley Pipeline") through 17 counties in West Virginia and Virginia.
R-2. The Commonwealth of Virginia and Mountain Valley Pipeline, LLC entered into a Memorandum of
Agreement for comprehensive mitigation of Virginia Resource 7 impacts of the Mountain Valley Pipeline
(the "Forest Fragmentation Agreement").
R-3. Pursuant to said agreement certain funds were allocated by the Commonwealth to VOF, with which
VOF established the Forest CORE (Community Opportunities for Restoration and Enhancement) Program
to help mitigate the impact of forest fragmentation in the Commonwealth.
7
R-4. VOF has consulted with various agencies and departments of the Commonwealth and has ensured
that this Deed meets the mitigation goals of the Forest Fragmentation Agreement and furthers the
Commonwealth's policies of environmental protection and enhancement of natural resources.
R-5. Pursuant to the Forest CORE Program as described above, VOF has awarded a Forest CORE grant in
the amount of $ to Grantor for the (Select: purchase or partial purchase) of the below -
described (Select: property ["Property"] orthe below -described property ["Property'] and other property)
in County.
R-_. (Insert recitals here specific to the project and the attributes of the Property.)
R-_. It is intended that the Property owned by Grantor and being conveyed herein to Grantee be kept in
perpetuity as open space in accordance with the restrictions set forth below.
R-_. VOF, as a condition of such grant, has required that the restrictions set forth below running with the
land be included in this Deed and has joined in this Deed to indicate its agreement to enforce such
restrictions in perpetuity.
R-_. Grantee has joined in this Deed to indicate its agreement to accept this Deed as encumbered by the
restrictions set forth below and to comply with said restrictions, and Grantee further agrees that VOF is
entitled to enforce the restrictions in perpetuity, which agreement is binding on Grantee, its successors
and assigns.
CONVEYANCE
That for and in consideration of the sum of Ten Dollars ($10.00) in hand paid to the party of the
first part, , at and before the signing, sealing and delivery of this Deed, and other
good and valuable consideration, receipt whereof is hereby acknowledged, the said party of the first part,
does hereby grant, bargain, sell, and convey in fee simple with GENERAL
WARRANTY
and English Covenants of title unto the said party of the second part, , the
following described Property, to -wit:
(Insert legal description)
(Note: If there are existing buildings or structures on the Property or if there is a reserved right to construct
buildings, structures, or other infrastructure on the Property either (i) the building area shall be surveyed
and excluded from this conveyance or (ii) the boundaries of an existing or proposed building area shall be
delineated and such building area shall not be used in calculating CORE funding.)
The Property is shown as Tax Map No(s). [or PIN] among the land
records of the County of , Virginia. [Use if one tax parcel: Even
if the Property may have been acquired previously as separate parcels, it shall be
considered one parcel for purposes of this Deed, and the restrictions set forth below
shall apply to the Property as a whole and shall bind Grantee and Grantee's successors
in interest of the Property or any portion thereof in perpetuity. Use if more than one tax
parcel: Even though the Property consists of parcels for real estate tax purposes
and it may have been acquired previously as separate parcels, it shall be considered one
parcel for purposes of this Deed, and the restrictions set forth below shall apply to the
Property as a whole and shall bind Grantee and Grantee's successors in interest of the
Property or any portion thereof in perpetuity J
This conveyance is made subject to all conditions, restrictions, reservations, restrictive covenants,
and easements of record, but is not intended to re -impose any of them.
RESTRICTIONS
Restrictions are hereby imposed on the use of the Property, which run with the land in perpetuity
and are binding on Grantee, its successors and assigns. The acts that Grantee covenants to do or not to
do upon the Property and the restrictions that VOF is hereby entitled to enforce are and shall be as follows:
1. No division of the Property. Separate conveyance of a portion of the Property or division of the
Property is prohibited. For purposes of this Deed, division of the Property includes, but is not
limited to, recordation of a subdivision plat, judicial partitioning of the Property, testamentary
partitioning of the Property, or pledging for debt of a portion of the Property.
2. Collective footprint limitation on buildings, structures, roads, trails, and utilities.
(i) The construction and maintenance of buildings, structures, roads, driveways,
trails, and utilities on the Property are permitted within the limitation of
subparagraph 2. (ii) below.
Note: that buildings must be limited to public access or contained within an
envelope or existing or be extremely limited.
(ii) For purposes of this restriction, the collective footprint is the ground area
measured in square feet of the buildings; structures; utilities, roads and parking
areas with impervious surfaces; and all other impervious surfaces on the
Property, excluding linear surfaces, such as roads and driveways with pervious
surfaces, trails, walls, fences, and boardwalks. The collective footprint shall not
exceed square feet of impervious cover.
3. Management of Forest. No timbering shall be permitted other than for the following purposes:
(i) cutting of trees for maintenance of existing cleared areas used for buildings, structures, utilities,
roads, driveways, and parking allowed above; (ii) cutting of trees for creation and maintenance of
trails; (iii) cutting of trees for wildlife habitat management, for the protection or enhancement of
natural heritage resources, and for conversion of monoculture plantations to natural forest
conditions; (iv) removal of trees posing an imminent hazard to the health or safety of persons or
to Property; (v) removal of invasive trees or other invasive species or (vi) removal of trees that are
diseased, storm -damaged, or have died naturally. In general, the forest shall be maintained in its
natural state. Forest management practices conducted shall comply with an approved Forest
Stewardship Plan with the intent of maintaining or restoring the ecological health and function of
the forest and such practices may not be employed primarily for commercial purposes.
Best Management Practices (BMPs), as defined by the Virginia Department of Forestry, shall be
used to control erosion and protect water quality when a material timber harvest is undertaken,
such as may be required for (iii), (v), or (vi) above. A pre -harvest plan shall be submitted to VOF
6
for approval no later than fourteen days before the proposed date of a material timber harvest.
The pre -harvest plan shall describe the BMPs to be used in sufficient detail to ensure that water
quality will be protected.
4. Grading, Blasting, Filling, Earth Removal and Mining.
(i) Grading, blasting, filling, or earth removal shall not materially alter the topography of the
Property except (a) for erosion and sediment control pursuant to an erosion and sediment control
plan, or (b) as required in the construction of permitted buildings, structures, roads, driveways,
trails, and utilities.
(ii) Surface mining on the Property, subsurface mining from the surface of the Property, drilling
for oil or gas or other minerals on the Property, and dredging on or from the Property are
prohibited.
5. Designation as Open Space. In the event that the Property is conveyed to a public body as defined
in Section 10.1-1700 of the Code of Virginia (1950), as amended, the Property shall be designated
as open space in accordance with Section 10.1-1701 of the Code of Virginia (1950), as amended.
6. (Optional provision. Signs. At least one sign in a location visible to the public including
acknowledgment that VOF contributed funding for this project.) (If the Property is landlocked, this
provision could be deleted.)
7. (Optional provision: Public Access. The public shall have a right of daily access to the Property for
recreational uses at times set by Grantee, subject to reasonable restrictions to ensure the security
of the Property and safety of the public. Notwithstanding the above, Grantee retains the right to
exclude the public from the Property, or a portion thereof, in case of emergency or disaster (for
as long as is necessary to abate the emergency or disaster), for maintenance of the Property, and
as necessary for resource management and protection. Grantee, in its discretion, may charge fees
for access to the Property.
AMENDMENT OF RESTRICTIONS
The restrictions set forth above shall not be amended except by a notarized writing executed by
Grantee, its successors or assigns, and by VOF, its successors or assigns, and recorded in the Clerk's Office
of the Circuit Court of County, Virginia.
ENFORCEMENT OF RESTRICTIONS
1. Right of inspection. Employees, agents, contractors, and other representatives of VOF may
enter the Property from time to time for purposes of inspection (including photographic
documentation of the condition of the Property) and enforcement of the restrictions set forth
above after permission from or reasonable notice to Grantee or Grantee's representative,
provided, however, that in the event of an emergency, entrance may be made to prevent,
terminate or mitigate a potential violation of these restrictions with notice to Grantee or
Grantee's representative being given at the earliest practicable time.
10
2. Enforcement.
(a) VOF has the right to take actions, including the reclamation of Forest CORE Fund grant
monies used to purchase eased property or the seizure of land purchased with said
grant funds as well as the bringing of a judicial proceeding, necessary to enforce the
above restrictions, which specifically include the right (a) to recover any damages
arising from non-compliance; (b) to compel Grantee to disgorge to VOF any proceeds
received in activities undertaken in violation of the above restrictions; (c) to require
Grantee to replant or pay for the replanting of trees on the Property in the
event that Grantee harvests timber in violation of the above restrictions; (d) to enjoin
non-compliance by temporary or permanent injunction; and (e) to pursue any other
appropriate remedy in equity or at law. If the court determines that Grantee failed
to comply with above restrictions, Grantee shall reimburse VOF for any reasonable
costs of enforcement, including costs of restoration, court costs, expert -witness costs,
and attorney's fees, in addition to any other payments ordered by the court. VOF's
delay shall not waive or forfeit its right to take such action as may be necessary to
ensure compliance with the above restrictions, and Grantee hereby waives any
defense of waiver, estoppel, or laches with respect to any failure to act by VOF.
(b) Grantee shall not be responsible or liable for any damage to the Property or
change in the condition of the Property (i) caused by fire, flood, storm, Act of
God, governmental act, or other cause outside of Grantee's control or (ii) resulting
from prudent action taken by Grantee to avoid, abate, prevent, or mitigate such
damage to or changes in the condition of the Property from such causes.
This Deed may be executed in one or more counterpart copies, each of which, when executed
and delivered, shall be an original, but all of which shall constitute one and the same Deed. Execution of
this Deed at different times and in different places by the parties hereto shall not affect its validity.
WITNESS the following signatures and seals:
[Counterpart signature pages follow.]
11
[Counterpart signature page 1 of 3]
WIMITH •;
STATE OF VIRGINIA
CITY/COUNTY of to -wit:
I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do certify that
, Grantor herein, whose name is signed to the foregoing deed bearing date of
has this day acknowledged the same before me in my jurisdiction aforesaid.
Given under my hand this day of
My commission expires on
Registration Number:
NOTARY PUBLIC
(SEAL)
12
[Counterpart signature page 2 of 3]
GRANTEE
STATE OF VIRGINIA
CITY/COUNTY of , to -wit:
I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do certify that
, Grantee herein, whose name is signed to the foregoing deed bearing date
of has this day acknowledged the same before me in my jurisdiction aforesaid.
Given under my hand this day of
My commission expires on
Registration Number:
NOTARY PUBLIC
(SEAL)
13
[Counterpart signature page 3 of 3]
VIRGINIA OUTDOORS FOUNDATION
STATE OF VIRGINIA
CITY/COUNTY of to -wit:
I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do certify that
, of the Virginia Outdoors Foundation, whose name is
signed to the foregoing deed bearing date of , has this day acknowledged the same
before me in my jurisdiction aforesaid.
Given under my hand this day of
My commission expires on
Registration Number:
NOTARY PUBLIC
(SEAL)
14
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 1, 2020
ORDINANCE ACCEPTING AND APPROPRIATING $165,450 FROM THE
VIRGINIA OUTDOORS FOUNDATION FOR THE PURCHASE OF A
HALF -INTEREST IN 34 ACRES ADJACENT TO EXPLORE PARK IN
BEDFORD AND ROANOKE COUNTIES
WHEREAS, the Virginia Outdoors Foundation provides grant funding to protect
land in perpetuity; and
WHEREAS, Roanoke County has been awarded such a grant, in the amount of
$165,450 from the Virginia Outdoors Foundation, for the purchase of a half -interest in 34
acres adjacent to Explore Park in Bedford and Roanoke Counties; and
WHEREAS, Roanoke County proposes to manage the property as part of Explore
Park, remaining forested and largely undeveloped, except for trails and similar facilities
for outdoor recreation; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, a first reading of this ordinance was held on December 1, 2020, and
the second reading was held on December 15, 2020.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows..
1. That the sum of $165,450 is hereby accepted from the Virginia Outdoors
Foundation, and appropriated for the purchase of a half -interest in 34 acres
adjacent to Explore Park in Bedford and Roanoke Counties.
2. That this ordinance shall take effect from and after the date of adoption.
Page 1 of 1
ACTION NO.
ITEM NO. F.5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
December 1, 2020
Ordinance authorizing a permanent drainage easement to
the Commonwealth of Virginia Department of Transportation
on Property owned by the Roanoke County Board of
Supervisors (Tax Map No. 027.14-02-18.00-0000) for the
purpose of constructing Route 11 (Williamson Road) and
Route 117 (Peters Creek Road) Pedestrian Safety
Improvements, Hollins Magisterial District
Megan Cronise
Transportation Planning Administrator
Daniel R. O'Donnell
County Administrator
The Virginia Department of Transportation (VDOT) requests a 0.034 acre (1,477 square
foot) permanent, drainage easement across tax map parcel 027.14-02-18.00-0000
owned by the Roanoke County Board of Supervisors to facilitate a sidewalk project
along Route 11 (Williamson Road).
BACKGROUND:
Highway Safety Improvement Program (HSIP) funding was first included in the VDOT
Six -Year Improvement Program in fiscal year 2016 to provide pedestrian
accommodations in the vicinity of Route 11 (Williamson Road) and Route 117 (Peters
Creek Road). County staff worked with VDOT to determine the project scope and
preliminary engineering began in fiscal year 2017. The project includes 2,376 linear feet
of five -foot -wide sidewalk on the west side of Williamson Road between the Peters
Creek Road intersection and North Roanoke Assisted Living. Pedestrian crosswalks
and signals will also be included at the Williamson Road/Peters Creek Road
intersection.
The right-of-way phase is concluding and the project will be advertised for construction
Page 1 of 2
in early 2021. Construction is anticipated to begin in spring of 2021.
DISCUSSION:
As part of the storm water management proposed for the sidewalk project, VDOT
requests a 0.034 acre (1,477 square foot) permanent drainage easement across parcel
027.14-02-18.00-0000 be granted to the Commonwealth of Virginia. This parcel is
owned by the Roanoke County Board of Supervisors and is old Route 11 right-of-way
that runs between Williamson Road and Peters Creek Road, behind North Market
Village.
An ordinance to grant the permanent drainage easement to the Commonwealth of
Virginia Department of Transportation requires two readings.
FISCAL IMPACT:
There is no fiscal impact associated with this item. Project funding is 100 percent
(100%) State and Federal. VDOT requests that Roanoke County donate the easement
to the Commonwealth of Virginia Department of Transportation.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading and scheduling the second reading on
December 15, 2020.
Page 2 of 2
North Market
�- �Village
I r\
Proposed Permanent
Drainage Easement
oger
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Proposed Sidewalk Project
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Roanoke County Tax Map # 027.14-02-18.00-0000
PREPARED BY VDOT
UNDER SUPERVISION OF THE
OFFICE OF THE ATTORNEY GENERAL
Exempted from recordation taxes
and fees under Sections 58.1-811(A)(3),
58.1-811(C)(5), 58.1-3315, 25.1-418,
42.1-70, 17.1-266, and 17.1-279(E)
THIS DEED OF EASEMENT, made this day of December, 2020, by and between The
Board of Supervisors of the County of Roanoke, Virginia, "Grantor", and the COMMONWEALTH OF
VIRGINIA, 731 Harrison Avenue, Salem, Virginia 24153, "Grantee."
WITNESSETH: In consideration of the good will and public benefit to be derived from this
donation including the improvement of the roads of the Commonwealth, and other good and valuable
consideration, receipt of which is hereby acknowledged, the Grantor hereby gives, grants and conveys
unto the Grantee the permanent right and easement to construct, operate, maintain, repair or replace a
drainage facility along State Highway Route 11, Williamson Road, upon and across the property of the
Grantor, located in the Hollins Magisterial District, Roanoke County, Virginia, more particularly
described as 0 Peters Creek Rd, Roanoke County Tax Map No. 027.14-02-18.00-0000.
The easement is designated and described as "PROPOSED PERMANENT DRAINAGE
EASEMENT" containing 0.034 Acres (1,477 Square Feet), more or less, on a plat entitled "COMPILED
PLAT OF 0.034 ACRE DRAINAGE EASEMENT AREA BEING GRANTED TO COMMONWEALTH
OF VIRGINIA, PROPERTY OF ROANOKE COUNTY BOARD OF SUPERVISORS, TAX PARCEL
27.14-02-18.00 ROANOKE COUNTY, VIRGINIA" prepared by Christopher B. Kaknis, Land Surveyor,
dated November 16, 2020, a copy of which is hereto attached as a part hereof to be recorded
simultaneously herewith and in the State Highway Plat Book , Page
- 1 -
It is agreed between the parties hereto that the Grantee and their agents shall have the right to
inspect the drainage facility and to cut and clear all undergrowth and other obstructions in and along the
same adjacent thereto that may in any way endanger or interfere with the proper use thereof.
The Grantor by the execution of this instrument acknowledges that the plans for the project as
they affect the Grantor's property have been fully explained to the Grantor or the Grantor's authorized
representative.
The Grantor by the execution of this instrument acknowledges that the easement being conveyed
hereunder is being donated to the Commonwealth of Virginia for highway use or associated uses. The
Grantor also acknowledges that the Grantor is entitled to be compensated for the easement hereby
conveyed and, pursuant to Virginia Code Section 25.1-417 and by this donation, hereby waives Grantor's
right to an appraisal and compensation.
The Grantor covenants and agrees for the Grantor its successors and assigns, that the
consideration hereinabove mentioned shall be in lieu of any and all claims to compensation for said
easement, and for damages, if any, to the value of the lands of the Grantor which may result by reason of
the use to which the Grantee will put the easement being conveyed. This paragraph, however, does not
apply to any physical damages caused by the Grantee, its agents and contractors done to the Grantor's
remaining property during construction of the aforesaid project.
SIGNATURE(S) AND NOTARY CERTIFICATE(S) ON FOLLOWING PAGE(S)
-2-
WITNESS the following signature(s) and seal(s):
THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA
By: Daniel R. O'Donnell
Title: Roanoke County Administrator
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE to -wit:
The foregoing instrument was acknowledged before me this day of ,
20 , by Daniel R. O'Donnell, on behalf of the Board of Supervisors for the County of Roanoke,
Virginia.
Registration #:
My commission expires:
Approved as to form:
County Attorney
GRANTEE'S MAILING ADDRESS:
Virginia Department of Transportation
Right of Way and Utilities Section
731 Harrison Avenue
Salem, VA 24153
-3-
Notary Public
The Commonwealth of Virginia acting by and through the Virginia Department of Transportation
which is action by and through its Authorized Agent, does hereby accept the conveyance of the interest in
Real Estate made by this deed.
State Right of Way Director
LM
Lori A. Snider
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ) to -wit:
The foregoing document was acknowledged, this the day of
20 , by Lori A. Snider, State Right of Way Director.
Notary Public
Registration #:
My commission expires:
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 1, 2020
ORDINANCE AUTHORIZING A PERMANENT DRAINAGE EASEMENT TO
THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF
TRANSPORTATION ON PROPERTY OWNED BY THE ROANOKE COUNTY
BOARD OF SUPERVISORS (TAX MAP NO. 027.14-02-18.00-0000) FOR THE
PURPOSE OF CONSTRUCTING ROUTE 11 (WILLIAMSON ROAD) AND
ROUTE 117 (PETERS CREEK ROAD) PEDESTRIAN SAFETY
IMPROVEMENTS, HOLLINS MAGISTERIAL DISTRICT
WHEREAS, the Commonwealth of Virginia Department of Transportation (VDOT) has
requested a 0.034 acre (1,477 square foot) permanent drainage easement across tax map
number 027.14-02-18.00-0000, which is old Route 11 right-of-way connecting Williamson Road
(Route 11) to Peters Creek Road (Route 117) located behind North Market Village, to facilitate a
sidewalk project along Williamson Road; and
WHEREAS, VDOT has requested that the permanent drainage easement be donated to
the Commonwealth of Virginia Department of Transportation; and
WHEREAS, the proposed easement will serve the interests of the public and is necessary
for the public health, safety, and welfare of the citizens of Roanoke County; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and
disposition of real estate be authorized only by ordinance; and
WHEREAS, a first reading of this ordinance was held on December 1, 2020, and the
second reading was held on December 15, 2020; and
WHEREAS, pursuant to the provision of Section 16.01 of the Roanoke County Charter, the
interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made
available for other public uses by conveyance of the necessary permanent drainage easement to
the Commonwealth of Virginia for the completion of Route 11 (Williamson Road) and Route 117
(Peters Creek Road) Pedestrian Safety Improvements on property owned by Roanoke County,
tax map number 027.14-02-18.00-0000.
Page 1 of 2
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That conveyance of a 0.034 acre (1,477 square foot) permanent drainage easement to
the Commonwealth of Virginia Department of Transportation to facilitate Route 11 (Williamson
Road) and Route 117 (Peters Creek Road) Pedestrian Safety Improvements on property owned
by Roanoke County, tax map number 027.14-02-18.00-0000, is hereby authorized.
2. That the permanent drainage easement is donated to the Commonwealth of
Virginia Department of Transportation.
3. That the County Administrator, or any Assistant County Administrator, is hereby
authorized to execute such documents and take such further actions as may be necessary
to accomplish this conveyance, all of which shall be on a form approved by the
County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
Page 2 of 2
ACTION NO.
ITEM NO. G.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
December 1, 2020
Ordinance appropriating $5,990,386.83 for Roanoke County
Public County Public Schools from fiscal year 2019-2020
year-end funds and re -appropriating $682,560.17 from the
Roanoke County Public School Health Insurance Fund
Laurie Gearheart
Director of Finance and Management Services
APPROVED BY: Daniel R. O'Donnell
County Administrator
ISSUE:
Conduct second reading of ordinance to appropriate $5,990,386.83 to Roanoke County
Public Schools, suspend Section 10-6, Item B of the Comprehensive Financial Policy for
fiscal year end 2019-2020 only and transfer $682,560.17 from the Roanoke County
Public Schools Health Insurance Fund
BACKGROUND:
Code of Virginia §22.1-100 promulgates that all unspent funds from either the
Commonwealth or the County must be returned to the governing body at the end of the
fiscal year. To provide flexibility from this law, the County of Roanoke and the School
Board adopted policies to guide the use of year-end carryover balances by the School
Division.
Section 10-6, Item B of the County of Roanoke Comprehensive Financial Policy
identifies that all School Operating Fund appropriations remaining at the end of the year
will not lapse but shall be appropriated to the Schools and used for Major capital
projects, Minor capital projects, Capital Maintenance Program, School Safety and
Security, and/or Comprehensive Services Act.
Due to the COVID-19 pandemic in March and the immediate economic recession,
revenue projections from both the Commonwealth and the County were revised
Page 1 of 3
downward. As a result, the adopted General Fund budget included a $1.3 decrease from
the 2019-2020 budget. Among other reductions, $2.8 million of ongoing operational
needs were deferred to close this budget shortfall. At the time, County Administration
obtained County Board of Supervisor consensus to consider the use of the carryover
balances for one-time non-recurring expenses pending Board of Supervisor review and
approval.
DISCUSSION:
The Roanoke County Public Schools requests a one-year suspension of the policy to
allow for the non -emergency fund carryover to be used as detailed below to fill the
budget gap created as a result of the economic hardships presented due to the health
pandemic.
Requested Use of the June 30, 2020 Year -End Carryover:
Rollover of outstanding purchase orders
5/14/20 adopted CIP Budget
8/27/20 School Board approved laptop refund
8/27/20 School Board approved laptop refund fees
8/27/20 eliminate parking fees due to COVID-19
9/01/20 School Board approved Bus Driver and
Aide Bonus
$500 bonus for employees grade 0 through 13
1 -step raise for all employees
CTE equipment
Conferences and travel (mostly in staff development)
Music uniforms
Transfer to Capital Maintenance Program
Transfer to Technology Replacement Fund
Transfer to Fleet Replacement Fund
English language arts textbook adoption
(good for seven years)
Curriculum development for remote learning
due to COVID-19
Total
$ 7,127.20
599,999.84
356,500.00
7,001.00
36,800.00
393,999.00
507,425.50
1,098,046.83
50,000.00
20,000.00
20,000.00
1,000,000.00
652,624.00
50,000.00
993,916.00
196,947.46
$ 5,990,386.83
In addition, Roanoke County Public Schools is requesting to transfer $682,560.17 from
the Roanoke County Public Schools Health Insurance Fund, to supplement funding
from fiscal year 2019-2020 year-end to provide for a one-step retroactive raise for all
Roanoke County Public Schools employees.
Attached is a memo from Roanoke County Public Schools Superintendent Dr. Nicely
Page 2 of 3
dated October 29, 2020, which details this year end request. (Attachment A)
Additionally, County staff analyzed this request and attached is a memo dated October
30, 2020 which outlines information regarding which items meet policy, are one-time
expenses and those that are recurring expenses. (Attachment B)
The Roanoke County Public School Board approved this request at their meeting on
November 12, 2020. Attached is the School Board report as approved. (Attachments C
and D)
There have been no changes since the first reading of the ordinance on November 17,
2020.
FISCAL IMPACT:
School year end carryover operating funds at June 30, 2020 totaled $5,990,386.83 and
the request is for the appropriation to Roanoke County Public Schools for personnel,
operating and capital needs. Additionally, the Roanoke County Public Schools request
the transfer of the $682,560.17 from the Health Insurance Fund to supplement funding
for a one-step retroactive raise.
STAFF RECOMMENDATION:
Staff recommends approval of the second reading of the ordinance.
Page 3 of 3
Attachment A
_ ROANOKE COUNTY PUBLIC SCHOOLS
F u
Office of the Superintendent
5937 Cove Rd. Roanoke, VA 24019 .. (540) 562-3700
MEMORANDUM
To: Mr. Dan O'Donnell, Roanoke County Administrator
From: Dr. Ken Nicely, Roanoke County Public Schools Superintendent
Cc: Ms. Rebecca Owens, Roanoke County Assistant Administrator
Ms. Laurie Gearheart, Roanoke County Director of Finance and Management Services
Ms. Susan Peterson, Roanoke County Public Schools Director of Finance
Date: October 29, 2020
Subject: June 30, 2020 Year -End Carryover Appropriation Request
Code of Virginia §22.1-100 promulgates that all unspent funds a School Division receives from either the
Commonwealth or their County must be returned to the appropriate governing body at the end of the fiscal
year. To provide flexibility from this law, the County of Roanoke and the School Board adopted policies to
guide the use of year-end carryover balances by the School Division.
During the budget adoption for the 2020-2021 school year, the approved preliminary General Fund budget
included a $4.9 million increase from the 2019-2020 budget. Due to the onset of the COVID-19 pandemic
in March and the immediate foreseeable economic recession, revenue projections from both the
Commonwealth and the County were revised downward. As a result, the adopted General Fund budget
changed to a $1.3 decrease from the 2019-2020 budget. Among other reductions, $2.8 million of ongoing
operational needs were deferred to close this budget shortfall. At the time, there was cross -entity consensus
to allow flexibility for using the year-end carryover balances during 2020-2021 due to the budgetary impacts
expected from the economic recession.
During the October 22, 2020 School Board Meeting, the School Board approved a one-year suspension in
School Board policy §4.26 for the General Fund to allow the non -emergency fund carryover to be used to
fill the budget gap as a result of the economic hardships presented due to the health pandemic.
Roanoke County Public Schools requests a one-year
abeyance from the County of Roanoke Comprehensive Policy
§10.6.13 to allow the non -emergency fund carryover to be
used as detailed on the attached table to fill the budget gap
created as a result of the economic hardships presented due
to the health pandemic. The emergency fund carryover will
be fully funded.
County of Roanoke
Comprehensive Financial Policy §10.6.6.
"All School Operating Fund appropriations remaining
at the end of the year will not lapse but shall be
appropriated to the Schools and used for Major
Capital projects, Minor Capital projects, Capital
Maintenance Program, School Safety and Security,
and/or Comprehensive Services Act reserves."
In the original adopted budget, Roanoke County Public Schools set aside $2.1 million to incorporate
recommendations from a compensation study and provide a 1 -step increase. This was removed for the
adoption of the final budget. Roanoke County Public Schools' employees face higher demands in order to
provide safe and effective instruction and support to the students of the County. In order to recognize
these efforts, Roanoke County Public Schools will provide a 1 -step raise for all employees retroactive to July
1, 2020. The retroactive payment will occur in one lump sum in December and all required VRS reporting
will be resubmitted as necessary. The total cost of the raise is $1.8 million and will be funded through both
the year-end carryover ($1.1 million) and health insurance reserves ($0.7 million).
If approved by the Board of Supervisors, the ordinance for the General Fund appropriation would need to
include the carryover balance plus the $682,560.17 transfer from the Health Insurance Fund.
_ ROANOKE COUNTY PUBLIC SCHOOLS k'y
p K
a
Office of the Superintendent
5937 Cove Rd. Roanoke, VA 24019 .. (540) 562-3700
USE OF JUNE 30, 2020 DEAR -END CARRYOVER
..Amount Discussion
Rollover outstanding purchase $ 7,127.20 Open purchase orders at June 30, 2020. This
orders is in accordance with the normal policies.
5/14/20 adopted CIP Budget 599,999.84 The 2020-2021 Annual Capital Budget, as
adopted via County Ordinance 062320-8
appropriated $3,950,785 from the Capital
Fund Balance for certain projects. Part of this
balance included a projected $600,000 of
year-end carryover. This would have been
funded with the normal policies.
8/27/20 School Board approved 356,500.00 Revenue loss due to online learning needs in
laptop waiver and refund response to COVID-19 physical distancing
8/27/20 School Board approved 7,001.00 requirements and related costs.
laptop credit card fees refund
8/27/20 School Board approved 36,800.00 Revenue loss in response to COVID-19
parking fees waiver physical distancing requirements.
9/01/20 School Board approved Bus 393,999.00 The cost of a bonus and related FICA to pay
Driver, Lot Attendant, and Bus Aide for a gross $2,000 Bus Driver and Lot
bonus Attendant retention or new hire bonus and a
$1,000 Bus Aide retention or new hire bonus.
$500 bonus for all employees on 507,425.50 The cost of a bonus, FICA, and taxes for a net
grade 0 through 13, excluding Bus $500 bonus for all employees in grades 0
Drivers, Lot Attendants, and Bus through 13, excluding Bus Drivers, Lot
Aides Attendants and Bus Aides.
1 -step raise for all employees 1,098,046.83 The full cost, including wages, VRS, and FICA
of a 1 -step increase for all employees for July
1, 2020 through June 30, 2021 is $1,780,607.
The $1,098,046.83 is partial funding, the
remaining $682,560.17 will be transferred
from the Health Insurance Fund.
CTE equipment 50,000.00 One-time deferral made to reduce the —II
Conferences and travel (mostly in 20,000.00 adopted March 26, 2020 School Board budget
staff development) to the revised budget adopted through
Music uniforms 20,000.00 County Ordinance 062320-7. The difference
Transfer to CMP 1,000,000.00 related to a reduction in revenue projections
Transfer to Technology Replacement 652,624.00 from both the Commonwealth and the County
Fund due to immediate economic recession.
Transfer to Fleet Replacement Fund 50,000.00
English Language Arts textbook 993,916.00 One-time adoption of English Language Arts
adoption (good for 7 years) materials for instruction.
Curriculum development for remote 196,947.46 One-time costs necessary to create semester 3
learning due to COVID-19 and 4 curriculum for hybrid and online leaning
at elementary schools.
$5,990,386.83
Rebecca E. Owens RoanokeCounty of
ssistant Countv Administrator
Memo
To: Daniel R. O'Donnell
County Administrator
From: Rebecca E. Owens
Assistant County Administrator
Date: October 30, 2020
Attachment B
Subject: Roanoke County Public Schools FY 2020 Year -End Request
Background
On October 29, 2020, Dr. Ken Nicely, Roanoke County Public Schools Superintendent, sent a
memorandum regarding the June 30, 2020 Year -End Carryover Appropriation, which requests
a one-year abeyance from the County of Roanoke Comprehensive Financial Policy. Section
10-6, Item B, regarding Roanoke County Public Schools Reserves and Year End Allocation
states that "All School Operating Fund appropriations remaining at the end of the year will not
lapse but shall be appropriated to the Schools and used for Major Capital projects, Minor
Capital projects, Capital Maintenance Program, School Safety and Security, and/or
Comprehensive Services Act reserves."
With the development of the FY 2021 budget, there were many uncertainties due to the onset
of the COVID-19 pandemic. Both the County of Roanoke and Roanoke County Public Schools
reduced General Fund budgets based on reduced revenue projections. During that time, entities
discussed flexibility in the use of available year-end funding for Roanoke County Public
Schools for one-time, non-recurring expenditures.
Review of Roanoke County Public Schools FY 2020 Year -End Request
The memorandum received from Dr. Nicely detailed the distribution of $5,990,386.83 in
Roanoke County Public Schools General Fund balance for fiscal year ending June 30, 2020.
The distribution included a description and item amount for each request. The table below
displays the items requested that meet the Comprehensive Financial Policy, which totals
$1,607,127.04 of the year end amount to be distributed.
Purpose
Amount
Adopted FY 2021 CIP Project Funding
$599,999.84
Transfer to Capital Maintenance Program
$1,000,000.00
Rollover of Outstanding Purchase Orders
$7,127.20
Total, Items in Accordance of Policy
$1,607,127.04
The table shown below displays the items requested that do not meet the Comprehensive
Financial Policy, which totals $4,383,259.79 of the amount to be distributed.
Purpose
Amount
One -Time Funding
Bus Driver, Lot Attendant and Bus Aide Bonus
$393,999.00
$500 bonus all employees on grade 0 through 13
$507,425.50
Laptop Credit Card Fees Refund
$7,001.00
Laptop Waiver and Refund
$356,500.00
Parking Fees Waiver
$36,800.00
Transfer to Fleet Replacement Fund
$50,000.00
Transfer to Technology Replacement Fund
$652,624.00
Curriculum Development for Remote Learning (COVID-19)
$196,947.46
English Language Arts Textbook Adoption
$993,916.00
CTE Equipment
$50,000.00
Music Uniforms
$20,000.00
Conferences and Travel (Mostly for Staff)
$20,000.00
Subtotal, One -Time Funding
$3,285,212.96
Recurring Funding
One -Step Retroactive Raise for All Employees
$1,098,046.83
Subtotal, Recurring Funding
$1,098,046.83
Total, Items Not in Accordance of Policy
$4,383,259.79
The full cost of the raise for all RCPS employees, including wages, VRS, and FICA of a 1 -
step increase (approximately 1.55%) for July 1, 2020 through June 30, 2021 is $1,780,607.
The $1,098,046.83 reflected above is partial funding; the remaining $682,560.17 is expected
to be transferred from the Health Insurance Fund.
Summary
With the development of the FY 2021 budget, entities discussed flexibility in usage of year
end funds beyond those identified in the policy for one-time, non-recurring expenses. Roanoke
County Public Schools have provided a request to distribute FY 2020 year-end funds to support
various items that do not meet the County's Comprehensive Financial Policy including a
recurring raise for all RCPS employees.
Next Steps
The Roanoke County Board of Supervisors will be presented with:
First reading of the ordinance to appropriate the Roanoke County Public Schools June
30, 2020 Year -End Carryover on Tuesday, November 17, 2020
Second reading scheduled for December 1, 2020. Additionally, a budget public hearing
will be required and conducted on December 1, 2020 for the budget amendment and
appropriation.
Cc: Laurie Gearheart, Director of Finance & Management Services
11/13/2020 Board Docs® Pro Attachment C
Agenda Item Details
Meeting
Category
Subject
Type
Preferred Date
Absolute Date
Fiscal Impact
Dollar Amount
Budgeted
Budget Source
c
L4
Nov 12, 2020 - Roanoke County School Board Meeting
9. ACTION ITEMS
9.02 June 30, 2020 Audit and Year -End Carryover Appropriation Request - Mrs. Susan
Peterson
Action
Nov 12, 2020
Nov 12, 2020
Yes
37,734,486.94
No
June 30, 2020 Year -End Carryover
The fiscal cycle of Roanoke County Public Schools begins with the adoption of the Annual Budget in March
in order to document the proposed plan of expenditures and the expected means of financing those
expenditures. Then after year-end, a Comprehensive Annual Financial Report (CAFR) is produced that
provides an accounting of the actual activity of the fiscal year. The basic financial statements within the
CAFR is audited by an independent public accounting firm. For the year ended June 30, 2020, Brown,
Edwards & Company, L.L.P performed this audit. The Audit Committee met on November 12, 2020 to
review the results of the audit, which was an unmodified opinion, the best an organization can receive.
General Fund Carryover and Net Surplus
The main operating fund for the schools is the General Fund. Below is a quick summary
of the results for the year.
Prior Year Carryover:
Unspent emergency fund balance of $2,000,000.00 that is a budgeted reserve for financial
emergencies due to unexpected revenue shortfalls related to Federal or State mid -year funding
changes or unplanned significant expenditure increases. The reserve is established according to
School Board policy and exists to protect the School System from mid -year disruption of classroom
operations related to the aforementioned emergencies.
Current Year Revenues:
Overall revenues were $1,255,506.28 or 0.88% higher than final budget. The
driving forces behind this variance include:
Increases:
1. Sales tax collections higher than budgeted by $947,134.84.
2. Medicaid revenues higher than budgeted by $276,596.38.
3. Interest income on investments higher than budgeted by $162,204.20.
4. Warranty Reimbursements higher than budgeted by $67,905.68.
5. Insurance Adjustments higher than budgeted by $65,295.08.
6. Alternative Education Regional Program higher than budgeted by $52,826.00.
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Reductions:
1. VDOE funding was less than budgeted by $299,630.28 as final March 31, ADM was 34
students less than budgeted.
Current Year Expenditures:
Overall expenditures were $4,734,880.55 or 4.45% less than final budget. The
driving forces behind this variance include is related certain savings in light of the
closure of schools due to the COVID-19 health pandemic.
Reductions:
1. Personnel lapse related to attrition, vacancies, and part -year positions of $1.8 million for
contracts (1.55% of total).
2. Personnel non -contract savings of $1.2 million for ERIP days not used, substitutes not
needed, and open-end positions not filled, which is a direct result of closure of schools.
3. Radio equipment savings of $323,248.64 by using the Technology Replacement Fund for all
leases.
4. Utility savings of $299,864.10, mostly related to vacant buildings during the closure of
schools.
5. Unused grant reserves of $200,000.00.
6. Fuels savings of $125,896.38, mostly related to not running full routes during the closure of
schools.
7. Professional development savings of $88,834.33 for not attending annual training or
conferences due to the social distancing requirements.
8. Various other departmental savings due to the closure of schools.
June 30, 2020 Carryovers
Staff recommends appropriation of June 30, 2020 carryover balances as follows:
All Funds June 30, 2020 Year -L
General Fund - Available
$ 5,990,386.83
General Fund - Emergency
2,000,000.00
Fleet Replacement Fund
701,861.73
Instructional Resource Fund
155,766.74
Technology Replacement Fund
790,666.66
Grant Fund
(87,139.95)
Nutrition Fund
4,087,577.45
Minor Capital Fund -Available
796,785.89
Minor Capital Fund -CMP Available
128,840.42
Minor Capital Fund -Assigned
3,909,439.24
Major Capital Fund -Assigned
7,823,585.77
2018 Bond Fund -Assigned
(1,227,333.75)
Health Insurance Fund''"""`
7,978,537.04
Dental Insurance Fund
45,259.05
Risk Management Fund
1,345,897.50
OPEB Trust Fund
1,083,783.08
Student Activity Funds
2,210,573.24
$ 37,734,486.94
cy . y ,.. ,. —
Rollover outstanding purchase orders $ 7,127.20
5/14/20 adopted CIP Budget 599,999.84
8/27/20 School Board approved laptop 356,500.00
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refund
8/27/20 School Board approved laptop
7,001.00
refund fees
8/27/20 eliminate parking fees due to
36,800.00
COVID-19
9/01/20 School Board approved Bus Driver,
393,999.00
Lot Attendant, & Bus Aide bonus
$500 bonus for employees grade 0 through
13, excluding Bus Drivers, Lot Attendants, &
507,425.50
Bus Aides^^
1 -step raise for employees with available
1,098,046.83
step^^
CTE equipment
50,000.00
Conferences and travel (mostly in staff
20,000.00
development)
Music uniforms
20,000.00
Transfer to CMP
1,000,000.00
Transfer to Technology Replacement Fund
652,624.00
Transfer to Fleet Replacement Fund
50,000.00
English language arts textbook adoption
993,916.00
(good for 7 years)
Curriculum development for remote learning
196,947.46
due to COVID-19
5,990,386.83
Health Insurance Fund**
$ 682,560.17
(Transfer to General Fund for raise)
General Fund Year -End Carryover
1,098,046.83
$ 1,780,607.00
The following reports are attached
June 30, 2020 Year -End Carryover — Year-to-date summary report of the activity and
final balance in all funds.
Comprehensive Annual Financial Report — (CAFR) is the set of financial statements for
the School Division that complies with the accounting requirements promulgated by the
Governmental Accounting Standards Board (GASB).
2020-11-12 Year -End Carryover Summary.pdf (93 KB) I l 2020 CAFR_online.pdf (8,175 KB)
https://go.boarddocs.com/vsba/roecnty/Board.nsf/Public 3/3
Attachment D
15 Roanoke County Public Schools
November 12, 2020 School Board Meeting
June 30, 2020 Year -End Carryover
Administration
$ 102,111.80
General Fund - Available
$
5,990,386.83
School Board
70,356.08
General Fund - Emergency
21000,000.00
Elementary Instruction
84,692.76
Fleet Replacement Fund
701,861.73
Finance
11,279.45
Instructional Resource Fund
155,766.74
Human Resources
34,041.15
Technology Replacement Fund
790,666.66
IT Services
328,634.65
Grant Fund
(87,139.95)
Facilities and Operations (utilities and bus fuel)
597,695.51
Nutrition Fund
4,087,577.45
Pupil Personnel Services
30,752.47
Minor Capital Fund -Available
796,785.89
Secondary Instruction
123,205.21
Minor Capital Fund -CMP Available
128,840.42
Superintendent
22,784.24
Minor Capital Fund -Assigned
3,909,439.24
Career and Technical Education
7,594.06
Major Capital Fund -Assigned
7,823,585.77
Testing and Remediation
83,304.36
2018 Bond Fund -Assigned
(1,227,333.75)
Grant Reserves
200,000.00
Health Insurance Fund**
7,978,537.04
Departmental Savings
1,696,451.74
Dental Insurance Fund
45,259.05
Personnel Savings (2.44% of Personnel Budget)
3,038,428.81 A
Risk Management Fund
1,345,897.50
Revenue in excess of budget
1,255,506.28
OPEB Trust Fund
1,083,783.08
$ 5,990,386.83
Student Activity Funds
2,210,573.24
$37,734,486.94
A Personnel savings includes $1.8 million for contracts (1.55%
of total)
and $1.2 million non -contract savings for ERIP, Substitutes, and Open End
Available for 2020-2021 Special Needs
$
5,990,386.83
Positions, which is a direct result of COVID-19.
Available for Capital Needs
925,626.31
Reserved for Special Use
30,818,473.80
$ 37,734,486.94
6/30/21 Budget Deferrals
Requested Use of June 30, 2020 General Fund Year -End
Carryover
CTE equipment
Rollover outstanding purchase orders
$
7,127.20
Conferences and travel (mostly in staff development)
51
5/14/20 adopted CIP Budget
599,999.84
Music uniforms
2!
8/27/20 School Board approved laptop refund
356,500.00
Counseling SAP (Life Counseling 2 -day program)
7,660.00
8/27/20 School Board approved laptop refund fees
7,001.00
SCOPE and RAA (professional development)
5,625.00
8/27/20 eliminate parking fees due to COVID-19
36,800.00
Transfer to CMP
1,000,000.00
9/01/20 School Board approved Bus Driver,
393,999.00
Lot Attendant, & Bus Aide bonus
Transfer to Technology Replacement Fund
652,624.00
$500 bonus for employees grade 0 through 13,
507,425.50
excluding Bus Drivers, Lot Attendants, & Bus Aides^ A
Transfer to Fleet Replacement Fund
675,000.00
1 -step raise for employees with available step^ A
1,098,046.83
Transfer to Risk Management Fund
198,253.00
CTE equipment
50,000.00
Transfer to William Byrd Turf Replacement
40,000.00
Conferences and travel (mostly in staff development)
20,000.00
Transfer to Bogle Turf Replacement
25,000.00
Music uniforms
20,000.00
Transfer to Instructional Resources Fund
Transfer to CMP
1,000,000.00
$ 2,756,758.00
Transfer to Technology Replacement Fund
652,624.00
Transfer to Fleet Replacement Fund
50,000.00
English language arts textbook adoption
993,916.00
(good for 7 years)
Curriculum development for remote learning
196,947.46
due to COVID-19
$
5,990,386.83
A ^Teachers hired in the current year on step 1 will not get the 1 -step
Funding for 1 -step raise for all employees
Health Insurance Fund**
$
682,560.17
increase, as they should be on step 1, rather they will receive the $500
General Fund Year -End Carryover
1,098,046.83
bonus instead.
$
1,780,607.00
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 1, 2020
ORDINANCE APPROPRIATING $5,990,386.83 FOR ROANOKE
COUNTY PUBLIC SCHOOLS FROM FISCAL YEAR 2019-2020 YEAR-
END FUNDS, RE -APPROPRIATING $682,560.17 FROM THE ROANOKE
COUNTY PUBLIC SCHOOLS HEALTH INSURANCE FUND, AND
TEMPORARILY SUSPENDING TERMS OF THE COUNTY'S
COMPREHENSIVE FINANCIAL POLICY
WHEREAS, Section 10(6)(B) of the County of Roanoke Comprehensive Financial
Policy (the "Policy") states that "[a]II School Operating Fund appropriations remaining at
the end of the year will not lapse but shall be appropriated to the Schools and used for
Major Capital projects, Minor Capital projects, Capital Maintenance Program, School
Safety and Security, and/or Comprehensive Services Act reserves"; and
WHEREAS, there were many uncertainties due to the onset of the COVID-19
pandemic in developing the fiscal year 2020-2021 budget for both County of Roanoke
(the "County") and Roanoke County Public Schools (the "School Board"); and
WHEREAS, the Board the School Board discussed flexibility in the use of available
fiscal year 2019-2020, year-end funding for Roanoke County Public Schools; and
WHEREAS, insofar as several of the School Board's proposed uses of year-end
funds fall outside of the categories set forth in the Policy, it is necessary for the funds to
revert back to the Board for re -appropriation; and
WHEREAS, the School Board has requested the allocation of year-end funds in
the amount of $5,990,386.83 of fiscal year 2019-2020 for various purposes which will be
set forth below; and
Page 1 of 3
WHEREAS, the School Board has further requested the transfer of $682,560.17
from the Roanoke County Public Schools Health Insurance Fund, to supplement funding
from fiscal year 2019-2020 year-end to provide for a one-step retroactive raise for all
Roanoke County Public Schools employees; and
WHEREAS, the School Board has proposed the Board re -appropriate funds to be
used for the following purposes, in the following amounts:
Proposed purposes for FY 2019-2020 year-end funds
Amount
Adopted FY 2021 CIP Project Funding
$599,999.84
1 -step raise for school employees
1,098,046.83
Transfer to Capital Maintenance Program
1,000,000.00
Rollover of Outstanding Purchase Orders
7,127.20
Bus Driver, Lot Attendant and Bus Aide Bonus
393,999.00
$500 bonus for all employees in grades 0 through 13
507,425.50
Laptop Credit Card Fees Refund
7,001.00
Laptop Waiver and Refund
356,500.00
Parking Fees Waiver
36,800.00
Transfer to Fleet Replacement Fund
50,000.00
Transfer to Technology Replacement Fund
652,624.00
Curriculum Development for Remote Learning (COVID-19)
196,947.46
English Language Arts Textbook Adoption
993,916.00
CTE Equipment
50,000.00
Music Uniforms
20,000.00
Conferences and Travel (Mostly for Staff)
20,000.00
Proposed purpose of Transfer from Health Insurance Fund
Amount
1 -step raise for school employees
$682.560.17
Total Funds for Appropriation
$6,672,947.00
WHEREAS, the Board desires to re -appropriate the funds requested by the School
Board in order to assist them in addressing the unique circumstances presented by the
COVID-19 pandemic; and
WHEREAS, the first reading of this ordinance was held on November 17, 2020,
and the second reading of this ordinance was held on December 1, 2020;
Page 2 of 3
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That A) the sum of $5,990,386.83 from Roanoke County Public Schools fiscal year
2019-2020 year-end funds, and B) the sum of $682,560.17 from the Roanoke
County Public Schools Health Insurance Fund, are hereby re -appropriated to the
Roanoke County Public Schools to be used as deemed necessary by the School
I:ifT ON
2. In making such re -appropriations, and because of the unique circumstances
caused by the COVID-19 pandemic, the Board temporarily suspends Section
10(6)(B) of the County of Roanoke Comprehensive Financial Policy (only as it
pertains to year-end, carryover funds from fiscal year 2019-2020).
Page 3 of 3
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:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
December 1, 2020
Ordinance approving a Site Use Agreement between
Roanoke Gas Company and the County of Roanoke for use
of a tower located on Poor Mountain, 8487 Honeysuckle
Road; Windsor Hills Magisterial District and accepting and
appropriating $275 monthly for the term of the lease
Susan Slough
Assistant Director of Communications andTechnology
Daniel R. O'Donnell
County Administrator
ISSUE:
We were approached by Roanoke Gas radio service provider, Two way Radio, due to
losing their current tower location on Poor Mountain. They asked about the possibility
of placing equipment on our tower located at 8449 Honeysuckle Road SW Roanoke.
BACKGROUND:
Traditionally tower owners/operators lease antenna space with each other if there is no
frequency interference anticipated and there is enough room for vertical separation. No
issues are anticipated.
DISCUSSION:
By placing equipment on our tower, it allows Roanoke Gas to maintain their coverage
area and benefits us with a quality tenant.
There have been no changes since the first reading of this ordinance held on November
17, 2020
FISCAL IMPACT:
Roanoke Gas would reimburse Roanoke County $275 monthly for utilities and
Page 1 of 3
maintenance costs associated for the upkeep of the premises and equipment.
Page 2 of 3
STAFF RECOMMENDATION:
Staff recommends appropriating this funding to offset site operating cost, for use in the
site maintenance and upkeep of equipment and approval of this ordinance.
Page 3 of 3
ANTENNA SITE AGREEMENT
This Antenna Site Use Agreement ("Agreement") for County property located at 8449
Honeysuckle Road, Tax Map No. 093.00-01-44.02-0000, is entered into this day of
, 2020 between the Board of Supervisors of Roanoke, County, Virginia, 5204
Bernard Drive, Roanoke, Virginia 24018 ("County"), and Roanoke Gas Company, 519 Kimball
Avenue, Roanoke, Virginia 24016 ("RGC").
For good and valuable consideration, the parties hereto agree as follows:
1. Premises. County is the owner land located at 8449 Honeysuckle Road,
Roanoke, Virginia, on which it has a telecommunications tower and structures in which
telecommunications support equipment and infrastructure are located. More specifically, parcel
of land at issue in this Lease is atop Poor Mountain, in the Catawba Magisterial District. The
Geodetic coordinates of the Property are as follows: 37 Degrees — 11' — 10.00" N. Latitude, and
80 Degrees — 09" — 50.00" W. Longitude (collectively, "the Premises"). RGC desires to lease
space within the County's equipment shelters on the Premises to install and store certain
communications equipment and space upon the each of the two Towers on the Premises in such
amounts and in such locations as described on Exhibit A attached hereto, subject to the terms and
conditions of this Agreement. Such RGC equipment in the County's storage structure shall not
exceed 10 square feet.
2. Use. The Premises shall be used by RGC for the transmission and reception of
radio communication signals on various frequencies and for the installation, maintenance and
operation of necessary facilities, including, but not limited to, transceivers and an antenna.
County agrees to cooperate with RGC in obtaining at RGC's expense any licenses, permits and
other approvals required for RGC's use of the Premises.
3. Term. This Agreement shall be for an initial period of two (2) years ("Initial
Term") commencing on Dec 1, 2020 ("Commencement Date"). RGC shall have the right to
extend the Initial term for two (2) successive two (2) year periods (each a "Renewal Term") on
the terms and conditions set forth herein. This Agreement shall be automatically renewed for
each successive Renewal Term unless either County or RGC sends written notice of non -renewal
to the other no later than ninety (90) days prior to the expiration of the Initial Term or any
Renewal Term, such notice to be provided in accordance with Paragraph 13 of this Agreement.
4. Rent.
(a) For the Initial Term, RGC shall pay County Two Hundred Seventy -Five Dollars
($275.00) per month as a reimbursement for utilities and maintenance costs
associated with upkeep of the Premises and equipment. This Reimbursement
shall be payable as an annual lump sum due on October 1 of each year during the
Initial Term of this Agreement.
1
(b) For any Renewal Term, Rent will increase by five percent for each renewal
period.
(c) County grants RGC the right to draw electricity from the existing electric supply
within the Premises and the Building.
(d) If this Agreement is terminated prior to its expiration, rent shall be prorated to the
date of termination.
5. Interference.
(a) RGC shall install and operate RGC's communications equipment and antenna in a
manner that will not cause interference to County and any other Lessees who
lease space on the Premises as of the time of execution of this Lease. All
operations by RGC shall be lawful and in compliance with all applicable federal
and state requirements.
(b) Subsequent to the installation of the RGC equipment, nothing in this Agreement
shall prohibit County from leasing space on the premises to other parties. If RGC
deems such other leases to interfere with operation of its equipment, RGC has the
right to terminate this Lease, as set forth herein.
6. Improvements; Liability; Utilities; Access.
(a) RGC has the right to erect, maintain and operate on the Premises radio
communications facilities, including, but not limited to, transmitters and receivers
and all related equipment, radio transmitting and receiving antennas and
supporting structures thereto ("Lessee Facilities"). Upon notice to and consent of
the County, which shall not be unreasonably withheld, RGC may undertake the
work necessary to prepare, maintain and alter the Premises for RGC's business
operations and to install transmission lines, connecting the antennas to the
transmitters and receivers. All of RGC's installation work shall be performed at
RGC's sole cost and expense and in a good and workmanlike manner in
accordance with County's and standard Radio frequency installation
specifications. RGC has the right to remove all RGC Facilities at its sole expense
on or before the expiration or earlier termination of the term, provided RGC
repairs any damage to the Premises caused by such removal. RGC shall restore
all portions of the Premises to suitable condition after any installation, repair or
other work activity on RGC equipment.
(b) If RGC wishes to install additional equipment or utilities other than what is
referenced in this Agreement, it may only do so with consent of the County, and
such equipment and utilities may be subject to additional rent or fees. Such
additional equipment shall be subject to an addendum to this Lease.
(c) With reasonable notice to County, County shall provide to RGC, RGC's
employees, agents and subcontractors access over the Property to the Premises
during business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday. RGC
agents and assigns shall only be given access when accompanied by County
personnel. In the event of an emergency, RGC will notify County's on-call
Comm -IT personnel to gain entry to the facility.
7. Termination. This Agreement may be terminated without further liability on
thirty (30) days' prior notice as follows: (a) by either party upon a default of any covenant or
term hereof by the other party, which default is not cured with sixty (60) days of receipt of
written notice of default, provided that the grace period for any monetary default is ten (10) days
from receipt of notice; (b) by RGC if it does not obtain or maintain any license, permit or other
approval necessary to the installation and operation of the RGC Facilities; (c) by RGC if RGC
determines that the Premises are not appropriate for its operations for economic or technological
reasons, including signal interference; or (d) the County may terminate this Agreement for cause
if the County determines that RGC's actions pose a risk of violation of any federal or state law,
regulation or ordinance applicable to public health, safety or welfare and issues written notice, or
if RGC's actions result in the issuance of a legal Notice of Violation of any public health, safety
or welfare law, regulation or ordinance and RGC is unable to cure the conditions specified in the
County's notice or the legal Notice of Violation within the time prescribed therein.
8. Taxes. County is a tax-exempt entity. County's status shall not inure to the
benefit of RGC. RGC shall pay all applicable local, state and federal taxes attributable to its
equipment, antennas and infrastructure.
9. Insurance.
(a) RGC shall procure, maintain and pay for a public liability policy, naming County
as an additional insured, by endorsement, with limits of $1,000,000 for bodily
injury, $1,000,000 for property damage, $2,000,000 aggregate, with a certificate
of insurance to be furnished to County at the time of execution of this Lease.
(b) RGC will indemnify and hold harmless the County for any losses, damages,
claims, lawsuits or judgments of any kind arising out of RGC's lease of the
Premises.
10. Destruction of Premises. If the Premises or Facilities are destroyed or damaged,
RGC may elect to terminate this Agreement as of the date of the damage or destruction by notice
given to County no more than forty-five (45) days following the date of any such damage or
destruction. In such event, all rights and obligations of the parties shall cease as of the date of the
damage or destruction.
11. Notices. All notices, requests, demands and other communications hereunder
shall be in writing and shall be deemed given if personally delivered, sent by facsimile or by an
overnight courier providing proof of service, or mailed, certified mail, return receipt requested,
to the following addresses.
If to County:
County of Roanoke, Virginia
P.O. BOX 29800
Roanoke, Virginia 24018-0798
Attention: Director of General Services
If to RGC:
Roanoke Gas Company
PO Box 13007
Roanoke, VA 24030
Attention: Paul Schneider, P.E.
12. Title and Quiet Enjoyment. County warrants that it has full right, power and
authority to execute this Agreement and has good and marketable title to the Property. County
further warrants that RGC shall, provided RGC is not in material default, have the quiet
enjoyment of the Premises.
13. Assignment. Either party may, upon notice to the other party, assign or transfer
its rights and obligations arising under this Agreement to any of its governmental entities or
affiliates, or to a successor by consolidation or merger. In all other instances, either party may
assign or transfer its rights and obligations only upon written consent of the other party, which
consent shall not be withheld or delayed unreasonably.
14. Successors and Assigns. This Agreement shall run with the Land. RGC shall
have the right to submit this Agreement for recordation to the appropriate governmental agency
having jurisdiction over the Property. This Agreement shall be binding upon and inure to the
benefit of the parties, their respective successors and assigns.
15. Tower Marking and Lighting Requirements. County acknowledges that shall
be responsible for compliance with all tower or building marking and lighting requirements of
the Federal Aviation Administration ("FAA") or the Federal Communications Commission
("FCC").
16. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the
parties and supersedes all offers, negotiations and other agreements. There are no
representations or understanding of any kind not set forth herein. Any
amendments to this Agreement must be in writing and executed by both parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of this Agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable, shall not
be affected and each provision of this Agreement shall be valid and enforceable to
the fullest extent permitted by law.
WITNESS the following signatures and seals:
ROANOKE GAS COMPANY
By
Its:
Commonwealth of Virginia,
County/City of , to -wit:
The foregoing instrument was acknowledged before me this day of
, 2020, by
My commission expires:
Registration No.
Notary Public
[remainder ofpage intentionally blank]
BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By
Daniel R. O'Donnell
County Administrator
Commonwealth of Virginia,
County/City of , to -wit:
The foregoing instrument was acknowledged before me this day of
2020, by
Notary Public
My commission expires:
Registration No.
EXHIBIT A
RC Poor Mtn Towers
EXHIBIT B
The RGC Property shall consist of the following:
(a) Floor space in the smaller EMS shelter right hand side: floor space shall be sufficient in
size to accommodate Lessee's one (1) equipment cabinet, having a footprint of 48" height
x 24" width x 18" depth, together with clearance of approximately 1' in front and 1' in
rear of the cabinet to facilitate servicing the equipment, Qty -1 MTR2000 VHF
Transceiver (150Mhz).
(b) Space for Qty -1 VHF antenna on top of smaller tower (75'-100') Antenna and new coax,
polyphasers and grounding hardware.
ff
RGC Base equipment to be located in tthis spot Poor Mtn EMS Bldg Front Left Conrer Lek Side of
Building
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, DECEMBER 1, 2020
ORDINANCE AUTHORIZING AND APPROVING A GROUND LEASE
AGREEMENT BETWEEN ROANOKE COUNTY AND ROANOKE GAS
COMPANY FOR A COMMUNICATIONS ANTENNA AT 8449
HONEYSUCKLE ROAD
WHEREAS, Roanoke County and Roanoke Gas Company ("RGC"), wish to enter
into a ground lease for an antenna site and ten square feet of space inside the County's
equipment shelter on property owned by the County at 8449 Honeysuckle Road in the
Windsor Hills Magisterial District, for purposes of installing and maintaining RGC
communications equipment including but not limited to transceivers and antennas; and
WHEREAS, RGC is the primary natural gas utility in the County and location of the
antennas and communications equipment is critical to its operations; and
WHEREAS, the parties have determined that such ground lease will not adversely
affect the County's emergency communications equipment and tower on the property;
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 November 17,
2020 and the second reading was held on December 1, 2020.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. The 2020 ground lease between Roanoke County and Roanoke Gas Company 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.
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:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
December 1, 2020
Appointments to Committees, Commissions and Boards
Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
Daniel R. O'Donnell
County Administrator
Open district appointments.
BACKGROUND:
1. Library Board (appointed by District)
The following District appointments remains open:
Vinton Magisterial District
Windsor Hills Magisterial District
2. Parks, Recreation and Tourism (appointed by District)
Mike Roop's three (3) year term representing the Vinton Magisterial District has
expired effective June 30, 2019.
Open Windsor Hills Magisterial District
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
Page 1 of 1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 1, 2020
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for December 1,
2020, designated as Item I - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 3
inclusive, as follows:
1. Confirmation of appointments to the Blue Ridge Behavioral Healthcare Board of
Directors and the Western Virginia Regional Jail Authority
2. Request to accept and allocate funds in the amount of $2,433.90 from the U.S.
Department of Justice's Bulletproof Vest Partnership to the Roanoke County
Sheriff's Office
3. Request to accept and allocate funds in the amount of $19,275 to the Clerk of
the Circuit Court from the Commonwealth of Virginia for Technology Trust
Funds
Page 1 of 1
ACTION NO.
ITEM NO. 1.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
December 1, 2020
Confirmation of appointments to the Blue Ridge Behavioral
Healthcare Board of Directors and the Western Virginia
Regional Jail Authority
Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
Daniel R. O'Donnell
County Administrator
Confirmation of appointments.
BACKGROUND:
Blue Ridge Behavioral Health Care Board of Directors:
Blue Ridge has recommended Carol Whitt, the Roanoke County Representative be
reappointed to a three-year term to expire 12-31-2023
Blue Ridge has recommended that Helen Ferguson (At -Large) be reappointed to an
additional three year term to expire 12-31-2023 be ratified by the Board.
It is the consensus of the Board to reappoint both individuals.
Western Virginia Regional Jail Authority:
It is the consensus of the Board to reappoint the following individuals to an additional
one-year term to expire December 31, 2021.
Eric Orange
Richard Caywood
Rebecca Owens
Page 1 of 2
Martha Hooker
Additionally, it is the consensus of the Board to appoint Paul M. Mahoney to a one-year
term to expire December 31, 2021.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
STAFF RECOMMENDATION:
Staff recommends approval of all individuals.
Page 2 of 2
ACTION NO.
ITEM NO. 1.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
December 1, 2020
Request to accept and allocate funds in the amount of
$19,275 to the Clerk of the Circuit Court from the
Commonwealth of Virginia for Technology Trust Funds
SUBMITTED BY: Jill Camilletti
Deputy Clerk IV
APPROVED BY: Daniel R. O'Donnell
County Administrator
ISSUE:
Acceptance and allocation of funds in the amount of $19,275 to the Clerk of the Circuit
Court from the Commonwealth of Virginia
BACKGROUND:
Technology Trust Funds represent fees collected by the Roanoke County Circuit Court
Clerk's Office, and have been received from the State in the amount of $19,275. In
accordance with State of Virginia Code Section 17.1-279, the Circuit Court Clerks
Office shall assess a $5.00 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 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, offset the cost of
postage, equipment, etc.
FISCAL IMPACT:
All funds are provided by the Commonwealth of Virginia. No County matching funds
are required.
STAFF RECOMMENDATION:
Staff recommends accepting and allocating $19,275 to the Clerk of Circuit Court from
the Commonwealth of Virginia.
Page 2 of 2
ACTION NO.
ITEM NO. 1.4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
December 1, 2020
Request to accept and allocate funds in the amount of
$2,433.90 from the U.S. Department of Justice's Bulletproof
Vest Partnership to the Roanoke County Sheriff's Office
SUBMITTED BY: Eric Orange
Sheriff
APPROVED BY: Daniel R. O'Donnell
County Administrator
ISSUE:
The acceptance and allocation of $2,433.90 from the U.S. Department of Justice's
Bulletproof Vest Partnership (BVP) grant.
BACKGROUND:
The U.S. Department of Justice's Bulletproof Vest Partnership (BVP) grant, created by
the Bulletproof Vest Partnership Grant Act of 1988, is a unique Department of Justice
initiative designed to provide a critical resource to state and local law enforcement.
Since 1999, the BVP program has awarded more than 13,000 jurisdictions a total of
$467 million in federal funding for the purchase of over 1 million ballistic vests.
DISCUSSION:
The U.S. Department of Justice's Bulletproof Vest Partnership (BVP) has awarded the
Roanoke County Sheriff's Office grant funds to assist in the purchase of protective
vests.
FISCAL IMPACT:
The total amount of the grant awarded is $2,433.90, which includes a fifty percent (50%)
match. The U.S. Department of Justice grant funds a total of $1,216.95 and the County
match of $1,216.95 was appropriated by the Board of Supervisors in the fiscal year
Page 1 of 2
2020-2021 Sheriff's Office budget. No additional appropriation of County funds is
required.
STAFF RECOMMENDATION:
Staff recommends the acceptance and allocation of grant funds in the amount of
$2,433.90 to the Sheriff's Office from the U.S. Department of Justice's Bulletproof Vest
Partnership.
Page 2 of 2
Jurisdiction's Handbook
hnps://grants.ojp.usdoj.gov/bvp/vests/roles/lea/history/award_dctails jsp...
AWARD SUMMARY
Listed below shows the detail information for the award you selected.
ROANOKE COUNTY SHERIFF'S OFFICE AWARD SUMMARY
Total
Award
Program Award Number Status Amount Proposed
Amount
2020
Approved
Regular 2020BUBX20020842 by BVP $1,216.95 $2,433.90
Solicitation
Funding Percentage: 50.00%
Expiration Date: 08/31/2022
AWARD 2020BUBX20020842 FINANCIAL HISTORY
Transaction Type Invoice Number Date Amount
+ Award in Processing 09/01/2020 $1,216.95
OBLIGATION 10/19/2020 $1,216.95
Comments: Award Released on 10/19/2020
+ Award Balance $1,216.95
RETURN
I of 1 10/20/2020, 2:42 PM
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COUNTY OF ROANOKE, VIRGINIA
CHANGES IN OUTSTANDING DEBT
Changes in outstanding debt for the fiscal year to date were as follows
$ 176,726,541 $ -
Outstanding
Deletions December 01, 2020
- $ 948,122
8,546,276 74,515,490
3,470,000 77,530,000
12,016,276 152,993,612
- 11,716,653
$ 12,016,276 $ 164,710,265
Submitted By Laurie L. Gearheart
Director of Finance and Management Services
Approved By Daniel R. O'Donnell
County Administrator
Unaudited
Outstanding
June 30, 2020 Additions
General Obligation Bonds
$ 948,122 $ - ;
VPSA School Bonds
83,061,766 -
Lease Revenue Bonds
81,000,000 -
Subtotal
_
165,009,888 -
Premiums
11,716,653 -
$ 176,726,541 $ -
Outstanding
Deletions December 01, 2020
- $ 948,122
8,546,276 74,515,490
3,470,000 77,530,000
12,016,276 152,993,612
- 11,716,653
$ 12,016,276 $ 164,710,265
Submitted By Laurie L. Gearheart
Director of Finance and Management Services
Approved By Daniel R. O'Donnell
County Administrator
ACTION NO.
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER.
MEETING DATE: December 1, 2020
AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of
31 -Oct -20
SUMMARY OF INFORMATION:
CASHINVESTMENT:
SUNTRUST CON 3,296,512.79 3,296,512.79
GOVERNMENT:
SCOTT STRINGFELLOW CONTRA 6,474.00
SCOTT STRINGFELLOW 38,002,125.47
WELLS FARGO 0.00
WELLS FARGO CONTRA 0.00
LOCAL GOVT INVESTMENT POOL:
GENERAL OPERATION 25,787,151.89
MONEY MARKET:
ATLANTIC UNION BANK
2,039,340.95
HOMETRUST BANK
2,024,590.88
SCOTT STRINGFELLOW
14,368,244.09
WELLS FARGO
5,287,715.83
TOTAL
11/17/2020
38,008,599.47
25,787,151.89
23,719,891.75
90,812,155.90