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12/15/2020 - Regular
INVOCATION: Roanoke County Board of Supervisors December 15, 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 6 Roanoke County Board of Supervisors Agenda December 15, 2020 Good afternoon and welcome to our meeting for December 15, 2020. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. 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(&roanokecountyva.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 Page 2 of 6 C. NEW BUSINESS 1. Request to accept and allocate funds in the amount of $1,200 from the 2020 Mud Run from Roanoke Valley Detachment 426 of the Marine Corps League to Camp Roanoke (Doug Blount, Director of General Services and Parks, Recreation and Tourism) D. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission.- 1. ommission: 1. The petition of Kent Wheeler to rezone approximately 13.023 acres from R-1 C, Low Density Residential, District with conditions to 1-2, High Intensity Industrial, District and to rezone approximately 14.483 acres from 1-2, High Intensity Industrial, District to AG -1, Agricultural/Rural Low Density, District, located at and near 5454 Aerospace Road, Vinton Magisterial District E. FIRST READING OF ORDINANCES 1. Emergency ordinance readopting Ordinance 033120-1 to effectuate temporary changes in certain deadline and to modify public meeting and public hearing practices and procedures to address continuity of operations associated with pandemic disaster (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) (Peter S. Lubeck, County Attorney) 2. Emergency Ordinance accepting and appropriating funds in the amount of $68,764.67, on behalf of the Town of Vinton, from the Commonwealth of Virginia, for the COVID-19 Utility Relief Program, distributed as a component of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 and authorizing the execution of 1) a memorandum of understanding and 2) certification for receipt of Coronavirus relief fund payments for the COVID-19 Utility Relief Program (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) (Laurie Gearheart, Director of Finance and Management Services) 3. Emergency ordinance authorizing the adoption of Amendment No. 2 to the Workforce Investment Area III Chief Local Elected Officials (CLEO") Charter Agreement, to designate the Western Virginia Workforce Development Board as Fiscal Agent (Due to the emergency nature, it is requested, upon a four- fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure) (Peter Lubeck, County Attorney) Page 3 of 6 4. Ordinance approving the acquisition of permanent and temporary easements on parcels owned by the Western Virginia Water Authority (Tax Map Numbers 4330301 Roanoke City and 070.11-01-09.00-0000 Roanoke County) for development of the Roanoke River Greenway (Lindsay Webb, Park Planning and Development Manager) F. SECOND READING OF ORDINANCES 1. 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) 2. 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) G. APPOINTMENTS 1. Library Board (appointed by District) 2. Parks, Recreation and Tourism (appointed by District) H. 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 appointment to the Grievance Panel I. CITIZENS' COMMENTS AND COMMUNICATIONS J. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of November 30, 2020 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of November 30, 2020 Page 4 of 6 5. Accounts Paid — November 30, 2020 6. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of November 30, 2020 K. WORK SESSIONS 1. Work session to review with the Board of Supervisors the budgets for the allocations of CARES Act funding (Laurie Gearheart, Director of Finance and Management Services) 2. Work session to provide an overview of Fire and Rescue operations and the deployment of SAFER Grant staff with the Board of Supervisors (Stephen G. Simon, Chief of Fire and Rescue) L. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.1 - Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; namely the County Administrator's annual performance evaluation. EVENING SESSION — 7:00 P.M. M. CERTIFICATION RESOLUTION N. NEW BUSINESS 1. Resolution adopting a Legislative Program for the 2021 session of the Virginia General Assembly and petitioning the General Assembly to favorably consider the topics and issues addressed herein (Peter Lubeck, County Attorney) O. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Michael H. Fielder to rezone approximately 9.03 acres from AG -1, Agricultural/Rural Low Density, District to 1-1, Low Intensity Industrial, District, located at 4053 Aerospace Road, Vinton Magisterial District (Philip Thompson, Director of Planning) P. CITIZEN COMMENTS AND COMMUNICATIONS Page 5 of 6 Q. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Phil C. North 2. P. Jason Peters 3. Paul M. Mahoney 4. Martha B. Hooker 5. David F. Radford R. ADJOURNMENT Page 6 of 6 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: December 15, 2020 Request to accept and allocate funds in the amount of $1,200 from the 2020 Mud Run from Roanoke Valley Detachment 426 of the Marine Corps League to Camp Roanoke Doug Blount Director of General Services and Parks, Recreation APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Acceptance and allocation of $1,200 from the 2020 Mud Run and recognize Roanoke Valley Detachment 426 of the Marine Corps League for its donation to Camp Roanoke BACKGROUND: In its twenty-fifth year, the Marine Corps Mud Run continues to be one of the Roanoke Valley's signature running and fundraising events. This event draws the interest of many individuals and its team competition has been popular with school groups, athletic teams, friends, neighbors and companies. The event represents a long standing partnership among Roanoke Valley Detachment 426 of the Marine Corps League, Roanoke County Parks, Recreation and Tourism and many local corporate sponsors. The beneficiaries of this event are the nationally recognized Marine Toys for Tots program and Camp Roanoke. The Mud Run is held annually at Green Hill Park. DISCUSSION: The funds will be used for tables, tents and supplies to support day camp at Camp Roanoke due to COVID-19. This year's $1,200 donation brings the total amount contributed for the twenty-five year period to over $166,000. Page 1 of 2 A presentation will be made by Michael V. Shepherd -Commandant, Roanoke Valley Detachment 426 Marine Corps League. FISCAL IMPACT: The donation of $1,200 will be used for tents, tables and supplies to support day camp at Camp Roanoke. STAFF RECOMMENDATION: Staff recommends acceptance and allocation of the $1,200 donation to Camp Roanoke from Roanoke Valley Detachment 426 of the Marine Corps League. Page 2 of 2 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 15, 2020 The petition of Kent Wheeler to rezone approximately 13.023 acres from R-1 C, Low Density Residential, District with conditions to 1-2, High Intensity Industrial, District and to rezone approximately 14.483 acres from 1-2, High Intensity Industrial, District to AG -1, Agricultural/Rural Low Density, District, located at and near 5454 Aerospace Road, Vinton Magisterial District. Philip Thompson Director of Planning Daniel R. O'Donnell County Administrator Consent agenda item for first reading on an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for January 26, 2021. The title of this ordinance is as follows: 1. The petition of Kent Wheeler to rezone approximately 13.023 acres from R-1 C, Low Density Residential, District with conditions to 1-2, High Intensity Industrial, District and to rezone approximately 14.483 acres from 1-2, High Intensity Industrial, District to AG - 1, Agricultural/Rural Low Density, District, located at and near 5454 Aerospace Road, Vinton Magisterial District. Page 1 of 2 DISCUSSION: There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for January 26, 2021. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 County of Roanoke 6� �oarro�� Community Development Planning & Zoning 5204 Bernard Drive 7938 P O BOX 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff Use Only Date received;i r, {;beck type of application filed (cheek all that apply) Received by: Applicants natne/address w/zip Phone: S D - - I ?6e0 1 l a �� Owner's name/address whip Phone it: SVo - Ie Application Pee: Property Location ,SV V �o PC/BZ date; Community Planning area: Tax Map No.:` © l -0 5 aI Placards issued: REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (R/S/W/CP) BOS d te: Proposed Land Use: I a' Case Dumber D0050& - 4- ALL APPLICANTS {;beck type of application filed (cheek all that apply) Rezoning ❑ Special Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (]5.2-2232) Review Applicants natne/address w/zip Phone: S D - - I ?6e0 Work: o - n+ O � � cell #: Fax No.: -s/a - Owner's name/address whip Phone it: SVo - Work: p - Fax No. #: S`% - 4J - 3 5 Property Location ,SV V �o Magisterial District: , r)+on Community Planning area: Tax Map No.:` © l -0 Existing Zoning: 2 Size ofparce](s): Acres: $r• r Existing Land Use: / REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (R/S/W/CP) Proposed Zoning:'1-0 tb A Cn A - Proposed Land Use: th Doesparcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No ❑ IF NO, A VARIANCE IS REQUIRED FIRST. (Rezoning). Does the parcel meet the minimum criteria for the requested Use Type in Article IV (Special Use Permit)? Yes i=i No E=3 IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request'? Yes F No I, VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (VIW/AA) Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoninb Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/sl P V/AA 12✓5/W/ P Y/AA R/,SPA 'P V/AA Consultation 8 1/2" x l l" concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent f the owner. T + Ls. Owner's Signature , —+LIDO C-� / � � de,, �,,' JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAIN (15.2-2232) REVIEW REQUESTS Applicant k The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary, Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as rrt--he impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. See fir JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN REVIEW REQUESTS ACTION #1 PURPOSES: K&K commercial building with 47.604 acres is zoned I-2 and now is paying taxes on 8.678 acres currently zoned R-1. The paved entrance should be added from R-1 to I-2. The land on R-1 cannot be support a home it is too steep. If rezoned, we will leave the area to build a future storage building (Approximately 120X40). The rezoning in 1990 was done by Aerospace Research Corporation, K&K Corporation subdivided track A (51.62 acres) into three tracks to build homes, two homes have been built leaving 8.678 acres R-1 which has no value and currently unable to use. Kent's Insulating and Tru Team is growing and in the future will need more storage. Picture A: Proposed Building Site Picture B: Current Business located on site CONFIItMING: No Future land use currently planned for immediate action Conservative IMPACTS: The well and septic are currently there and everything else will stay the same. No impact The property on the south is owned by Pavement Stencil Co 4347 Aerospace Rd Roanoke, VA 24014 Zoned 12 The property on the west is owned by Todd Dispefano 4076 Aerospace Rd Roanoke VA 24014 Zoned R1 The property on the northeast is owned by David Brown Jr 640 Timberidge Rd Vinton VA 24179 Zoned AGI The property on the southeast is owned by Nancy Ford 4567 Windy Gap Dr Hardy VA 24101 Zoned AGI JUSTIFICATION FOR RE -ZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN REVIEW REQUESTS ACTION #2 PURPOSES: K & K Corp has surveyed (estimated 14.6 acres) for the purposes of rezoning from 12 to AGI, There is currently a house located on the piece of property that was built in 1885 and has a short lifespan available. The property is being sold to David W Brown Jr., who owns the adjoining property to the northeast, has a current right-of-way, and is currently zoned AGI. The purpose for re -zoning is for the future tearing down of the existing structure and building a new residential home in its place. Picture C: Current building (Front view) Picture D. Current building (Rear view) Picture E: North facing view of property CONFIRMING: Estimated building of residential home timeframe 3-5 years (no immediate plans in action).The property currently has no industrial operations on site and will easily conform to AGI zoning standards. Conservative IMPACTS: The well and septic are currently there and everything else will stay the same. No impact The property on the south is owned by Pavement Stencil Co 4347 Aerospace Rd Roanoke, VA 24014 Zoned 12 The property on the west is owned by K & K Corp. 358 Mt. Edge Dr Hardy VA 24101 Zoned R1/12 (proposed 12 only) The property on the northeast is owned by David Brown Jr 640 Timberidge Rd Vinton VA 24179 Zoned AGI The property on the southeast is owned by Nancy Ford 4567 Windy Gap Dr Hardy VA 24101 Zoned AGI CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept pian. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff' may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. £ The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information rewired for REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers M. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Signahtre f applicant Date 2 4 AN Community Development Planning &Zoning Division D o x ra NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note; a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and./or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. 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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 15, 2020 Emergency ordinance readopting Ordinance 033120-1 to effectuate temporary changes in certain deadline and to modify public meeting and public hearing practices and procedures to address continuity of operations associated with pandemic disaster (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) Peter S. Lubeck County Attorney Daniel R. O'Donnell County Administrator The readoption of emergency Ordinance No. 033120-1, which must be readopted at least every 60 days in order to remain in effect. BACKGROUND: On March 31, 2020, the Board adopted Ordinance No. 033120-1, which effectuates temporary changes in certain deadlines and modifies public meeting and public hearing practices and procedures, to address continuity of operations associated with the COVID-19 pandemic disaster. The Board readopted the ordinance on May 26, 2020, July 14, 2020, September 8, 2020, and again on November 4, 2020. DISCUSSION: Pursuant to Section 15.2-1427, emergency ordinances must be readopted in order to remain in effect for more than 60 days. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with this action. STAFF RECOMMENDATION: Due to the ongoing nature of the COVID-19 pandemic, it is recommended that the Board again readopt the ordinance. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 31, 2020 EMERGENCY ORDINANCE 033120-1 TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES AND TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH PANDEMIC DISASTER WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Fifty -One declaring a state of emergency for the Commonwealth of Virginia arising from the novel Coronavirus (COVID-19) pandemic; and WHEREAS, Executive Order Fifty -One acknowledged the existence of a public health emergency which constitutes a disaster as defined by Virginia Code § 44-146.16 arising from the public health threat presented by a communicable disease anticipated to spread; and WHEREAS, Executive Order Fifty -One ordered implementation of the Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia Emergency Operations Center to provide assistance to local governments, and authorization for executive branch agencies to waive "any state requirement or regulation" as appropriate; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency, beginning March 1, 2020, in response to the spread of COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a pandemic; and Page 1 of 7 WHEREAS, on March 17, 2020, the Board of Supervisors confirmed the declaration of local emergency made by the County's local director of emergency management on March 16, 2020; and WHEREAS, the Board finds that COVID-19 constitutes a real and substantial threat to public health and safety and constitutes a "disaster" as defined by Virginia Code §44-146.16, being a "communicable disease of public health threat;" and WHEREAS, Virginia Code § 15.2-1413 provides that, notwithstanding any contrary provision of law, a locality may, by ordinance, provide a method to assure continuity of government in the event of a disaster for a period not to exceed six months after the disaster; and WHEREAS, Virginia Code § 44-146.21(C) further provides that a local director of emergency management, or any member of a governing body in his absence, may, upon the declaration of a local emergency "proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to performance of public work;" and WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural requirements including public notice and access, that members of the Board of Supervisors may convene solely by electronic means "to address the emergency;" and WHEREAS, the open public meeting requirements of the Virginia Freedom of Information Act ("FOIA") are limited only by a properly claimed exemption provided under that Act or "any other statute;" and Page 2 of 7 WHEREAS, the Governor and Health Commissioner of the Commonwealth of Virginia and the President of the United States have recommended suspension of public gatherings of more than ten attendees; and WHEREAS, The Attorney General of Virginia issued an opinion dated March 20, 2020 opining that localities have the authority during disasters to adopt ordinances to ensure the continuity of government in accord with the provisions of Section 15.2-1413 of the Code of Virginia; and WHEREAS, this emergency ordinance in response to the disaster caused by the COVID-19 pandemic promotes public health, safety and welfare and is consistent with the law of the Commonwealth of Virginia, the Constitution of Virginia and the Constitution of the United States of America; and WHEREAS, the first reading of this ordinance was held on March 31, 2020; and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia: 1. That the COVID-19 pandemic makes it unsafe to assemble in one location a quorum for public bodies including the Board of Supervisors, the School Board, the Planning Commission, Board of Zoning Appeals, Board of Equalization, and all local and regional boards, commissions, committees and authorities created by the Board of Supervisors or to which the Board of Supervisors appoints all or a portion of its members (collectively, "Public Entities" and individually "Public Entity"), or for such Page 3 of 7 Public Entities to conduct meetings in accordance with customary practices and procedures. 2. That in accordance with Virginia Code § 15.2-1413, and notwithstanding any contrary provision of law, general or special, the following emergency procedures are adopted to ensure the continuity of government during this emergency and disaster: a. Any meetings or activities which require the physical presence of members of the Public Entities may be held through real time electronic means (including audio, telephonic, video or other practical electronic medium) without a quorum physically present in one location; and b. The chairman of each Public Entity shall have authority to decide whether to hold any such electronic meeting. If the chairman is unavailable, the vice -chair shall decide. If the vice -chair is unavailable, such authority shall lie with representatives from the County's respective magisterial districts, in the following order of availability: Vinton, Catawba, Hollins, Windsor Hills, and Cave Spring. If the Public Entity is not comprised of representatives solely according to magisterial district, each Public Entity may enact a Resolution that sets forth authority to make such decision in the absence of the chairman or vice -chair. c. Prior to holding any such electronic meeting, the Public Entity shall provide public notice of such at least 3 days in advance of the electronic meeting, identifying how the public may participate or otherwise offer comment; and d. Any such electronic meeting of Public Entities shall state on its agenda and at the beginning of such meeting that it is being held pursuant to and in compliance with this Ordinance; identify Public Entity members physically and/or electronically Page 4 of 7 present; identify the persons responsible for receiving public comment; and identify notice of the opportunities for the public to access and participate in such electronic meeting; and e. Any such electronic meeting of the Public Entities shall be open to electronic participation by the public which may include, inter alia, recess periods during such meetings to receive electronic comments from citizens, and shall be closed to in- person participation by the public; and f. For any matters requiring a public hearing, public comment may be solicited by electronic means in advance and shall also be solicited through telephonic or other electronic or audiovisual means during the course of the electronic meeting. All such public comments will be provided to members of the Public Entity during or before the electronic meeting and made part of the record for such meeting; and g. The minutes of all electronic meetings shall conform to the customary requirements of law, identify how the meeting was conducted, members participating, and specify what actions were taken at the meeting. The Public Entities may approve minutes of an electronic meeting at a subsequent electronic meeting and shall later approve all such minutes at a regular or special meeting after the emergency and disaster has ended; and h. If members of the Public Entity become incapacitated and are unable to act, the remaining member or members shall constitute a quorum for the conduct of business, and have authority to act for the Board by majority vote, unless a unanimous vote of all members is required by law, in which case authority to act shall require a unanimous vote of remaining members; and Page 5 of 7 IT IS FURTHER ORDAINED that, notwithstanding any provision of law, regulation or policy to the contrary, any deadlines requiring action by a Public Entity, its officers (including Constitutional Officers) and employees of its organization shall be suspended during this emergency and disaster, however, the Public Entities, officers and employees thereof are encouraged to take such action as is practical and appropriate to meet those deadlines. Failure to meet any such deadlines shall not constitute a default, violation, approval, recommendation or otherwise. This paragraph does not automatically extend any deadlines for the payment of taxes or filing of tax returns. IT IS FURTHER ORDAINED that non -emergency public hearings and action items of Public Entities may be postponed to a date certain, provided that public notice is given so that the public are aware of how and when to present their views. IT IS FURTHER ORDAINED that the provisions of this Emergency Ordinance shall remain in full force and effect for a period of 60 days, unless amended, rescinded, or readopted by the Board in conformity with the notice provisions set forth in Virginia Code §15.2-1427 but in no event shall such ordinance be effective for more than 6 months after the disaster. Upon rescission by the Board or automatic expiration as described herein, this emergency ordinance shall terminate and normal practices and procedures of government shall resume. Nothing in this Emergency Ordinance shall prohibit Public Entities from holding in- person public meetings provided that public health and safety measures as well as social distancing are taken into consideration. An emergency is deemed to exist, and this ordinance shall be effective upon its adoption. Page 6 of 7 On motion of Supervisor North to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None A C0^TESTE: C. Jacks Chief Deputy Clerk tc(ffie Board of Supervisors cc: Peter S. Lubeck, County Attorney Page 7 of 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2020 EMERGENCY ORDINANCE READOPTING ORDINANCE 033120-1, TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES AND TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH PANDEMIC DISASTER WHEREAS, on March 31, 2020, the Board adopted emergency Ordinance 033120-1, to effectuate temporary changes in certain deadlines and to modify public meeting and public hearing practices and procedures to address continuity of operations associated with the COVID-19 pandemic disaster; and WHEREAS, pursuant to Section 15.2-1427 of the Code of Virginia, emergency ordinances shall not be enforced for more than sixty (60) days unless readopted; and WHEREAS, the Board readopted the ordinance on May 26, 2020, July 14, 2020; September 8, 2020; and November 4, 2020; and WHEREAS, due to the ongoing nature of the COVID -19 pandemic, it is again proposed that the Board readopt Ordinance 033120-1; and WHEREAS, the first reading of this ordinance was held on December 15, 2020; and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia: 1. That Ordinance 033120-1 is hereby readopted. Page 1 of 2 2. An emergency is deemed to exist, and this ordinance shall be effective upon its adoption. Page 2 of 2 ACTION NO. ITEM NO. E.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: December 15, 2020 Emergency Ordinance accepting and appropriating funds in the amount of $68,764.67, on behalf of the Town of Vinton, from the Commonwealth of Virginia, for the COVID-19 Utility Relief Program, distributed as a component of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 and authorizing the execution of 1) a Memorandum of Understanding and 2) Certification for Receipt of Coronavirus Relief Fund Payments for the COVID-19 Utility Relief Program Laurie Gearheart Director of Finance and Management Services APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Accept and appropriate $68,764.67 on behalf of the Town of Vinton and adoption of a resolution authorizing the County Administrator to execute a Memorandum of Understanding and Certification for Receipt of Coronavirus Relief Fund Payments for the COVID-19 Utility Relief Program BACKGROUND: The Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") was passed by the United States Congress and signed into law by the United States President on March 27, 2020 and a primary component of the CARES Act is the provision of funding assistance to state, local, territorial, and tribal governments for direct costs associated with the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund ("CRF"). Consistent with the CARES Act, in November 2020, the General Assembly passed and Governor Northam signed into law the 2020 Special Session I Amendments to the 2020 Page 1 of 2 Appropriation Act and Item 479.10 of this legislation appropriates $100 million from the Commonwealth's CARES Act CRF allocation to establish a COVID-19 Utility Relief Program ("Program") to help provide direct assistance to utility customers with accounts over 30 days in arrears. DISCUSSION: The Town of Vinton ("Town") has been notified that it has been awarded federal CARES Act funds pursuant to the Appropriation Act mandated State Corporation Commission application process, in the amount of $68,764.67, to assist with municipal utility customer relief for all eligible customers of the Town. In order to receive the CRF Funding, the Town and County must complete a Certification for Receipt of Coronavirus Relief Fund Payments. In addition, the Virginia Department of Housing and Community Development ("DHCD") requires the County to act as the Town's fiscal agent to facilitate assistance to eligible customers through a Memorandum of Understanding ("MOU"). Both the County and Town Attorneys have reviewed and approved the MOU and Certification as to form. The Town has this item on their December 15, 2020 agenda for approval. FISCAL IMPACT: No County funds are required. Funds are 100% Federal Funds passed through the State. $68,764.67 will be appropriated to the Grant Fund to be used by the Town. STAFF RECOMMENDATION: Staff recommends approval of the first reading and waiver of the second reading (upon 4/5ths vote of the Board, as an emergency measure) of an ordinance to accept and appropriate $68,764.67 to the grant fund to be used by the Town, and authorizing the County Administrator to execute 1) a Memorandum of Understanding and 2) Certification for Receipt of Coronavirus Relief Fund Payments for the COVID-19 Utility Relief Program Page 2 of 2 Ralph S. Northam Governor R. Brian Ball COMMONWEALTH of VIRGINIA Secretary of Commerce and Trade DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT December 7, 2020 VIA EMAIL Anne Cantrell Treasurer/Finance Director Town of Vinton Erik C. Johnston Director Re: Award Letter, Guidance, and Required Certification for COVID-19 Municipal Utility Relief Program to Assist Customers Dear Anne Cantrell: On behalf of Governor Northam, it gives me great pleasure to inform you that Town of Vinton has been awarded federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funds pursuant to the Appropriation Act mandated State Corporation Commission application process in the amount of $68,764.67 to assist with municipal utility customer relief for all eligible customers of Town of Vinton. This funding is being provided under CFDA 21.019 — Coronavirus Relief Funds (CRF). Additional details concerning this program including guidance, requirements, and several model forms are included in the following pages. Additional guidance concerning this program has been included with this letter, including a model customer intake form. Please read this carefully before proceeding with additional steps. Given the tight timeline for utilization of these funds and to ensure each utility directly receives these funds in an expedited manner you must return the attached certification in partnership with a city or county that will act as the fiscal agent to receive the funds from the Department of Accounts (DOA) and the city or county will then forward funds to the municipal utility to implement the program for the utility's customers. Once the project is complete, DOAwill follow up regarding project outcomes and compliance. I want to reiterate that it is incumbent on Town of Vinton and the partnering city or county to ensure project expenses are properly documented and verified in case of audit. For questions contact DHCD staff member David Conmy at utility@dhcd.virginia.gov. Sincerely, PkJohnsto Director, Virginia Department of Housing and Community Development CC: David Von Moll, Comptroller, Department of Accounts Encl: COVID-19 Municipal Utility Relief Program Guidance, Certification Form and Addendum, and Model Customer Intake Form COVID-19 MUNICIPAL UTILITY RELIEF PROGRAM: Guidance and Reauired Certification Based on the response that the Virginia State Corporation Commission (SCC) received from your utility system in the Application for Coronavirus Relief Funds (Municipal Utilities), the SCC has determined your award amount which is reflected in your award letter. Accordingly, the award letter, guidance, and required certification will serve as the next steps in facilitating this program. Fundamentally, the goal of this program is to assist municipal utility customers experiencing economic hardship due to the COVID-19 pandemic. As such, and because quick action is essential in order to address the public health needs of municipal utility customers, your award amount must be disbursed through a partnering county or city that will serve as the fiscal agent with the Department of Accounts (DOA) disbursing funds and having responsibility for sub recipient monitoring. Consequently, municipal utility systems, especially those that are not directly managed by a city or a county, will need to partner with a city or county to serve as the fiscal agent for this program. Cities and counties may serve as the fiscal agent for more than one municipal utility system. In order to receive your CRF funding for this program, the chief administrative officer for the partnering city or county and the authorized official representing the municipal utility will be required to certify their respective organization's participation in this program and its adherence to all associated CARES Act regulations. A standard certification for this program requiring signatures from both officials on behalf of their respective organizations has been included near the end of this document. Please note that the U.S. Treasury guidance requires attestation by utility customers of the COVID-19 economic hardship, which means utilities will need to collect and save these customer attestations before forgiving eligible arrearages. Any customer— with the exception of any government entity — shall be eligible for such arrearage assistance. Municipal utilities are encouraged to pay the full amount of arrearages owed by eligible customers that apply for arrearages owed from the March 1, 2020, through December 30, 2020 time period. Funds can only be used to provide direct assistance to customer accounts over 30 days in arrears during the covered period. Municipal utilities must prioritize assistance first to customers with accounts over 60 days in arrears and then for accounts 30 days in arrears. Municipal utilities are also encouraged to use their discretion to establish a maximum award amount for non-residential customers to ensure the majority of the available assistance awarded is not awarded to large customers. Arrearage assistance programs must strive for equity in program outreach to all customers and should focus outreach efforts on COVID-19 impacted customers. The SCC has calculated the proportional share of available funding for each municipal utility system that applied by the SCC's November 30th application deadline. This information was forwarded to DHCD, which is facilitating the award letter and certification process for municipal utilities and their partnering city or county. These certifications will be accepted by DHCD on a rolling basis after the date your award letter was distributed. The awarded municipal utility and their city or county fiscal agent will be required to certify to abide by U.S. Treasury guidance and other regulatory matters concerning the use of CRF funds. The intent is for this allocation to pass through the county or city directly to the municipal utility to serve eligible municipal utility customers. The municipal utility as the customer utility relief program operator should develop a sub agreement with the county or city fiscal agent assuring the city or county fiscal agent that the municipal utility will be responsible for compliance with state and federal law. Upon receipt by DHCD of this certification and award letter from the county/city and municipal utility, the Department of Accounts (DOA) will then distribute funds directly to cities and counties, which will serve as the fiscal agent on behalf of their partner municipal utility(ies). DOA will also be the lead state agency working with the city or county and their partnered utility system(s) on monitoring to ensure compliance with the program and federal guidelines. All applicants must certify that all administrative expenses for direct program implementation and direct relief provided to eligible customer arrearages for the covered time period March 1, 2020 — December, 30 2020 will be expended and any unspent funds returned to DOA by COB Friday January 29, 2021. Participating cities and counties may allow municipal utilities and their partners working directly to implement this program to utilize up to 5% of their allocation for direct administrative costs to support management of relief programs. Proper recordkeeping on these administrative costs must also be maintained and made available for auditing purposes. Additionally, it is important for participating localities to refrain from providing dual benefit to customers who have already received some level of assistance through other existing programs funded by the CARES Act for the same months of arrearages. An example is to ensure business customers have not received utility relief for the same time period through the Rebuild Virginia Grant Fund or local CARES Act relief. Please note that approval of a CRF allocation for purposes of this utility arrearage program does not represent any assurance, legal or otherwise, that the approved project complies with all federal guidelines related to the use of these funds. Cities and counties in addition to their partner municipal utility(ies) are strongly encouraged to consult their legal counsel prior to expending the federal CRF funds that have been awarded through this program. Chiefly, municipal utilities must justify and document use of CRF funds by assisting customers who are experiencing economic hardship due to the COVID-19 pandemic. Therefore, such applications will require self -certification by municipal utility customers in order to be considered eligible for arrearage relief. A standard self -certification form/questionnaire is included near the end of this document that cities and counties and their partner municipal utility(ies) are encouraged to utilize. Documentation of self -certification for all municipal utility customers participating in this program is required for state auditing purposes so please maintain accurate records for all customers receiving support from the program. This certification may also be collected through other means such as over the phone interviews or through an online form but should generally be harmonious with the form/questionnaire provided. Utility Customers may only receive a direct payment subsidy from this award once, per the state budget requirement. Utilities may not direct any funds provided to new deposits, down payments, fees, late fees, interest charges or penalties. Federal CARES Act Guidance: It is extremely important to know and comply with all of the federal conditions that exist for CRF allocations. To that end, please refer to the federal guidance and frequently asked questions: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State- Territorial- Local-and-Tribal-Governments.adf https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Frequently-Asked- Questions.pdf This information is routinely updated, so guidance may have changed since you last consulted it. Compliance with the federal guidance is the responsibility of the city or county submitting the application on behalf of a municipal utility and failure to do so could result in disallowed expenses requiring repayment of the associated funds to the federal government. If the city or county fails to repay any funds spent for nonqualifying expenses on behalf of a municipal utility as required by the federal government, the State Comptroller will recover such amounts from future state payments to the locality via the State Aid Intercept Program. Consequently, cities and counties are encouraged to develop agreements or memorandums of understanding (MOU) with their partner municipal utility system(s) to indemnify cities and counties in the event the municipal utility system does not adhere to U.S. Treasury guidelines and consequently subjects the city or county to such State Aid Intercept action(s). In addition to the revised federal guidance, on September 2, 2020, the U.S. Treasury's Office of the Inspector General issued information related to reporting and audit requirements. Information regarding the audit and reporting requirements can be found at the same link provided above. Further, the State Comptroller's office (DOA) has sub -recipient monitoring responsibilities that will necessitate evaluation and additional correspondence with cities and counties regarding the use of funds. Again, cities and counties are encouraged to develop MOUs that will help establish clarity concerning responsibility and accountability among all parties regarding this requirement. As a reminder, the overarching federal guidance states that these funds must be used for qualifying expenses of state and local governments. Specifically, the CARES Act provides that payments from the CRF may only be used to cover costs that: 1. are necessary expenditures incurred due to the public health emergencywith respect to the Coronavirus Disease 2019 (COVID-19); 2. were not accounted for in the budget most recently approved as of March 27, 2020, (thedate of enactment of the CARES Act) for the State or government; and 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. The federal guidance continues to state that the CRF funds can be used only for the direct costs associated with the response to the COVID-19 pandemic and cannot be used to address revenue shortfalls. CRF funds should be considered "one time" monies and should not be used for ongoing services and/or base operations. Furthermore, fund payments may not be used for government revenue replacement, including the replacement of unpaid utility fees. Any unspent funds must be returned to DOA no later than COB January 29, 2021, so cities and counties working on behalf of their partner municipal utility(ies) are strongly encouraged to factor that deadline into the administration of their local programs. Reauired Certification In order to receive the CRF funding amount calculated by SCC, each city and county and their partner municipal utility system(s) must complete a certification form (also at the end of this document). The certification form must be signed by the chief administrative officer for the city or county and the authorized official representing the municipal utility partner. In the event more than one municipal utility partners with a city or county, a separate certification will be needed for each partnership. Before signing the certification, applicants are recommended to read and understand the federal guidance and the frequently asked questions contained in the links provided in Appendices A and B, respectively. The most recent information on this guidance and the frequently asked questions can be obtained at: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State- Territorial- Local-and-Tribal-Governments.pdf and https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Frequently-Asked- Questions.pdf Please note that the certification statement includes an acknowledgment that recipients may not receive reimbursement or recipients may be required to return funds to the federal government if it is determined that those funds were spent for purposes that do not qualify. It is important to understand that the burden of ensuring that all CRF funds are spent for qualifying purposes falls to the city or county working on behalf of the municipal utility. Again, cities and counties are encouraged to develop MOUs that will help establish clarity concerning responsibility and accountability among all parties regarding this requirement. Awardees are responsible for maintaining all necessary documentation to ensure compliance with the federal requirements. The State Comptroller is responsible for all sub -recipient monitoring and may require additional information in the future from each city or county and/or their partner municipal utility system(s) to address that responsibility. If the federal government determines that awardees have used CRF funds for purposes that do not qualify, awardees must return those funds to the state promptly so that they may be returned to the federal government. As a condition of receiving CRF funds, awardees agree that the Commonwealth can use State Aid Intercept to recover any funds from the corresponding city or county necessary for expenses that were not for a qualifying purpose or not for expenses incurred during the eligible time period. Consequently, cities and counties are encouraged to develop agreements or memorandums of understanding (MOU) to indemnify cities and counties in the event the partner municipal utility system(s) does not adhere to U.S. Treasury guidelines and consequently subjects the city or county to such State Aid Intercept action(s). Submission of Certification The certification form on the next page contains more specific details on the responsibilities of the city and county and partnered municipal utility. The signed certification form should be submitted to DHCD through the following web portal: https://survey.alchemer.com/s3/6053803/COVID-19-Municipal-Utility-Relief. Certifications will be accepted on a rolling basis. If you have any questions regarding the appropriate use of CRF funds, please refer to the U.S. Treasury Website and guidance linked above. For questions about this process or technical questions about the certification form or the distribution of the funds, please first refer to the FAQ documents provided and then send unresolved inquiries to: utility@dhcd.virginia.gov Certification: (Please update the yellow highlighted fields as it pertains to your circumstances) CERTIFICATION for RECEIPT of CORONAVIRUS RELIEF FUND PAYMENTS by (CITY OR COUNTY NAME) on behalf of (MUNICIPAL UTILITY NAME) We, the undersigned, represent (CITY OR COUNTY NAME) and are working in partnership with (MUNICIPAL UTILITY NAME) (the utility), and we certify that: 1. The intent is for this allocation to pass through the county or city directly to the municipal utility to serve all eligible Virginia municipal utility customers. The customer utility relief program operator should develop a subagreement with the county or city fiscal agent that ensures they will be responsible for compliance with state and federal law. 2. We have the authority to request direct payment, on behalf of the utility from the Commonwealth of Virginia, of revenues from the Coronavirus Relief Fund (CRF) pursuant to section 601(b) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020). 3. We understand that the Commonwealth of Virginia will rely on this certification as a material representation in making a direct payment to the city or county. 4. The city or county and municipal utility's proposed uses of the funds received as direct payment from the Commonwealth of Virginia under section 601(b) of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for the utility; and c. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. 5. Any funds that are not expended or that will not be expended on necessary expenditures incurred before December 30, 2020, by the municipal utility or its grantee(s), must be returned to Commonwealth of Virginia no later than January 29, 2021, and that the Commonwealth of Virginia is entitled to invoke State Aid Intercept to recover any such unexpended funds. 6. We understand that customer attestations of the COVID-19 economic hardship must be obtained and saved by the utility relief program before forgiving arrearages. 7. We understand that the municipal utility will not receive continued funding beyond December 30, 2020, from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30, 2020. 8. Funds received as a direct payment from the Commonwealth of Virginia pursuant to this certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure. 9. Up to five percent of funds allocated to individual localities may be used for direct administrative costs to support management of the utility relief programs. 10. Any CRF funds expended by the municipal utility or its grantee(s) in any manner that does not adhere to official federal guidance or COVID-19 Municipal Utility Relief Program guidance shall be returned to the Commonwealth of Virginia within 30 days of a finding that the expenditure is disallowed, and that the Commonwealth of Virginia is entitled to invoke State Aid Intercept on the city or county serving as fiscal agent to the partner municipal utility system to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed. 11. As a condition of receiving the CRF funds pursuant to this certification, the city or county on behalf of the municipal utility system shall retain documentation of all uses of the funds, including but not limited to payroll time records, invoices, direct administrative costs, and/or sales receipts. Such documentation shall be produced to the Commonwealth of Virginia upon request. 12. The city or county on behalf of the municipal utility system must maintain proper accounting records to segregate these expenditures from those supported by other fund sources and that all such records will be subject to audit. 13. Any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees, or any other revenue source. 14. Fund payments may not be used for government revenue replacement, including the replacement of unpaid municipal utility fees. 15. Any CRF funds received pursuant to this certification will not be used for expenditures for which the municipal utility and its subrecipients have received funds from any other emergency COVID-19 supplemental funding (whether state, federal, or private in nature) for that same expense nor may CRF funds be used for purposes of matching other federal funds unless specifically authorized by federal statute, regulation, or guideline. We certify that we have read the above certification and our statements contained herein are true and correct to the best of our knowledge. City or County Chief Administrative Officer (CAO) Authorized Official Representing Municipal Utility Allocated Funds by SCC Name of City or County: Name of Municipal Utility: Printed Name of CAO: Printed Name of Municipal Utility Official: Signature: Signature: Title: Title: Date: Date: Please provide city/county DUNS number: Please provide municipal utility DUNS number: Certification Addendum (Please update the yellow highlighted fields as it pertains to your circumstances) Federal Requirements for information to be included in agreement between county/city and municipal utility §200.332 Requirements for pass-through entities. All pass-through entities must: (a) Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification. When some of this information is not available, the pass-through entity must provide the best information available to describe the Federal award and subaward. Required information includes: (1) Federal award identification. (Federal Coronavirus Aid. Relief and Economic Security Act (CARES ACT, Coronavirus Relief Fund)) (i) Subrecipient name (which must match the name associated with its unique entity identifier); (Name of Municipal Utility with SCC allocation) (ii) Subrecipient's unique entity identifier; (Municipal Utility's DUNS number. If municipal utility does not have, please note) (iii) Subaward Period of Performance Start and End Date; (Determined by city/county and utility given program start date and January 29, 2021, deadline to return funds) (iv) Subaward Budget Period Start and End Date; (Determined by city/county and utility given program start date and January 29, 2021, deadline to return funds) (v) Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient; (Amount in final award letter) (vi) Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current financial obligation; (Amount in allocation letter plus any other federal grant to from county/city to the utility) (vii) Total Amount of the Federal Award committed to the subrecipient by the pass-through entity; (Amount in final award letter plus any other federal grant to from county/city to the utility) (viii) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); (Coronavirus Relief Fund: Municipal Utility Relief Program to Assist Customers) (ix) Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Pass-through entity;(U.S. Treasury Department/County or City/Contact for County or City Awarding Official) (x) Assistance Listings number and Title; the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement; (CFDA Number and Title are 21.09, Coronavirus Relief Funds) (xi) Identification of whether the award is R&D; and (This is not R&D award) (xii) Indirect cost rate for the Federal award (including if the de minimis rate is charged) per §200.414. (No indirect costs can be charged by county/city or municipal utility) Appendix A is available at: https://home.treasurV.gov/system/files/136/Coronavirus-Relief-Fund- Guidance-for-State-Territorial- Local-and-Tribal-Governments.pdf Appendix B is available at: https://home.treasurV.gov/system/files/136/Coronavirus-Relief-Fund- Freauently-Asked- Questions.pdf COVID-19 MUNICIPAL UTILITY RELIEF PROGRAM GENERAL INFORMATION 1 2 3 4. 5. 6. 7. 8. 9. Utility Arrearage Assistance Model Customer Intake Form Date of Customer's Application: Account Number or Other Unique Identifier of the Customer Utility Bill: Total Arrearage from March 1, 2020 — December 30, 2020 that is due (Provided by Municipal Utility with statement demonstrating amount attached): Street Address (where utility service is provided): City or County (where utility service is provided): State (where utility service is provided): ZIP Code (where utility service is provided): Customer Phone Number: Customer Type: Residential Non -Residential RESIDENTIAL CUSTOMERS COMPLETE THIS SECTION 1. Name of Residential Account Holder: First M. 1. Last (Maiden) 2. For residential customers: place mark beside the applicable cause of economic hardship if you or a person in your household has experienced a loss of income due to the COVID-19 pandemic (check all that apply): been laid off; place of employment has closed; have experienced a reduction in hours of work; must stay home to care for children due to closure of day care and/or school; lost child or spousal support; not been able to work or missed hours due to contracting COVID-19; unable to find work due to COVID-19; unwilling/unable to participate in previous employment due to high risk of severe illness from COVID-19 other (describe) NON-RESIDENTIAL CUSTOMERS COMPLETE THIS SECTION 1. Name of Non -Residential Account Holder: 2. Property Name: 3. Is the utility fee arrearage due to economic hardship experienced by the customer as a result of the COVID-19 pandemic? (Check Y/N) 4. YES (Eligible for relief; provide explanation below.) 5. NO (Not eligible for relief.) 6. Provide an explanation of the COVID-19 related economic hardship: CARES Act assistance application may: - Assist for bills dated March 1, 2020, to December 30, 2020, and may not be used for past due amounts prior to this time period or after this time period. - Funding is designed to be a one-time opportunity, with only one payment per household (for residential) or account holder and their successors (for non- residential). - Funding can be used for the following bills: Water Wastewater Electric Gas Applicant's Certification: - I desire to receive any assistance to which I am legally entitled under this program and its specifications. - I certify that the reason I am eligible for this CARES Act assistance is correct to the best of my knowledge and belief. - I understand that my signature on this form gives permission for the staff at (insert name of city or county and municipal utility) to verify records as necessary to verify my eligibility for assistance. - I declare to the best of my knowledge that: o (1) for residential applicants: I am the only person living in the household at the address shown on this form who has applied for this assistance, or o (2) for non-residential applicants: I am the only person who has applied for/on behalf of the non- residential account holder, including their successors, at the address shown on this form and that I am not a government account holder. - I certify that this customer has not received CARES act relief for any of the arrearages I am applying for from any other source including Rebuild VA Grants. - I understand that if I give false information or withhold information in order to make myself eligible for benefits that I am not entitled to or apply for assistance at more than one site, I can be prosecuted for fraud and/or denied assistance in the future. - I understand that the agencies involved in this program may verify all of the information which I have provided. - I understand and my signature on this form gives permission to (insert name of municipal utility) to which I am applying to verify information concerning my need for assistance. - Others? Printed Name Title (for non-residential account holders) Signature Municipal Utility Intake Information: ACTION TAKEN Screener Date MEMORANDUM OF UNDERSTANDING FOR COVID-19 MUNICIPAL UTILITY RELIEF PROGRAM IMPLEMENTATION THIS MEMORANDUM OF UNDERSTANDING FOR COVID-19 MUNICIPAL UTILITY RELIEF PROGRAM IMPLEMENTATION ("Memorandum") is made and entered into the day of December 2020, by and between the COUNTY OF ROANOKE (the "County"), and the TOWN OF VINTON (the "Authority") (each a "Party" and jointly the "Parties"). BACKGROUND A. Federal CARES Act Funds. In response to the COVID-19 pandemic disaster, the United States federal government enacted the Coronavirus Aid, Relief, and Economic Securities Act of 2020 ("CARES Act") to provide funding for numerous programs to address the COVID-19 pandemic disaster, including $150 billion in assistance to states, local, territorial, and tribal governments for direct impacts of the COVID-19 pandemic disaster through the establishment of the Coronavirus Relief Fund ("CRF"). The Commonwealth of Virginia received approximately $3.1 billion as its share. B. Federally Authorized Uses. Section 5001 of the CARES Act provides that the CRF may be used by state and local governments to cover costs that: (i) are necessary expenditures incurred due the public health emergency with respect to COVID-19; (ii) were not accounted for in the budget most recently approved as of March 27, 2020 for the County (except as may be permitted by the CRF guidelines established by the United States Department of the Treasury); and (iii) were incurred during the period that begins March 1, 2020, and ends on December 30, 2020. C. Virginia's Utility Relief Program. Consistent with the CARES Act, in November 2020, the General Assembly passed and Governor Northam signed into law the 2020 Special Session I Amendments to the 2020 Appropriation Act. Item 479.10 of this legislation appropriates $100 million from the Commonwealth's CARES Act CRF allocation to establish a COVID-19 Utility Relief Program ("Program") to help provide direct assistance to utility customers with accounts over 30 days in arrears. D. Authority's CRF Award. As a water and/or wastewater service provider and eligible "municipal utility" within the meaning of the Program, the Authority applied to the State Corporation Commission ("SCC") for a suballocation of the appropriated funds for the purpose of providing direct assistance to its customers in accordance with applicable federal and state laws, regulations and guidance ("CRF Rules"). The SCC and/or the Virginia Department of Housing and Community Development ("DHCD") issued an award letter to Authority (Exhibit A hereto), committing to funding assistance for eligible customers of the Authority in a specified amount ("Authority CRF Funds"). E. Local Implementation. The County and the Authority desire to collaborate for the timely, effective and efficient implementation of the Program and provision of assistance to their 1 eligible utility customers in accordance with the CRF Rules. The DHCD is responsible for assisting the SCC in the implementation of the Program and passing along awarded CRF funding to municipal utilities. On November 24, 2020, DHCD issued a guidance memorandum providing additional information on the COVID-19 Municipal Utility Relief Program ("DHCD Guidance"), which requires that the award to the Authority be disbursed through a partnering city or county serving as the fiscal agent with the Virginia Department of Accounts ("DOA"). The is willing to serve as the required Fiscal agent to facilitate assistance to eligible customers experiencing economic hardship due to the COVID-19 pandemic. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and obligations set forth in this Memorandum, including the recitals set forth above which are a material part of this Memorandum, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Fiscal Agent. The County agrees to act as the Authority's fiscal agent as required by DHCD for the limited purpose of this Program. 2. Joint Certification. The County, in its capacity as fiscal agent, agrees to make the certification required by DHCD substantially in the form as shown in Exhibit B hereto (or any modification thereto made by DHCD and found to be agreeable by the County). 3. Funds Pass -Through. The County agrees to transfer the Authority CRF Funds to the Authority promptly upon the County's receipt of such funds from DOA. 4. Compliance and Recordkeeping by Authority_. The Authority agrees to comply with all applicable CRF Rules and maintain records of its expenditures of the Authority CRF Funds for a period of five years and provide the County with copies of such records at no expense upon its request. 5. Repayment and Indemnification by Authority. If the United States or the Commonwealth lawfully requires repayment of some or all of the Authority CRF Funds, the Authority agrees to repay such amount to the County (or directly to the United States or the Commonwealth as applicable) for such purpose within twenty (20) days of any such requirement. In addition, Authority agrees to indemnify and hold the County harmless from any liability to the United States or the Commonwealth resulting from any act or omission of the Authority in its administration of the Authority CRF Funds, including as a result of any violation by the Authority of the CRF Rules. In the event that any suit or proceeding is brought against the County by the United States or the Commonwealth, the Authority, upon notice given to it by the County, will pay all costs of defending the County in any such action or other proceeding, including attorney's fees. In the event of any settlement or any final judgment being awarded against the County, either independently or jointly with the Authority, the Authority will pay such settlement or judgment in full, pay all costs and expenses thereof, and hold the County harmless therefrom. The Authority shall bear no responsibility for the acts or omissions of the County or its officers or employees. 6. Return of Unexpended Authority CRF Funds. If all of the Authority CRF Funds are not expended to assist utility customers by any applicable deadline under the Program such that Authority is obligated to return unexpended funds to the Commonwealth, the Authority and the County shall coordinate to accomplish the return of such funds in a timely manner in accordance with the CRF Rules. 7. Acknowledgment of Required Information. In accordance with the DHCD Guidance and related federal requirements for pass-through entities (2 C.F.R. §200.332), Authority hereby acknowledges receipt of Exhibit C hereto and the additional information set forth therein. 8. Further Cooperation. The Parties shall continue to cooperate with each other as reasonably necessary to confirm or bring about the transfers contemplated by this Agreement. 9. Term. This Memorandum shall be in effect from the date on which it is executed by the Parties through June 30, 2021. 10. Governing Law; SeverabilitX. This Agreement shall be construed in accordance with and governed for all purposes by the laws of the Commonwealth of Virginia. If any word or provision of this Agreement as applied to any Party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstance or the validity or enforceability of any other word or provision. 11. Entire Agreement; Amendments. This Agreement contains the entire integrated agreement between the Parties as to the subject matter hereof and supersedes all previous written and oral negotiations, commitments, proposals and writings. No amendments may be made to this Agreement except by a writing signed by both Parties. 12. Counterparts; Signatures, Copies. This Agreement may be executed in counterparts, both of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A facsimile or scanned signature may substitute for and have the same legal effect as an original signature. Any copy of this executed Agreement made by photocopy, facsimile or scanner shall be considered the original for all purposes. 13. Authorization. Each Party represents that its execution, delivery and performance under this Agreement have been duly authorized by all necessary action on its behalf, and do not and will not violate any provision of its charter or enabling legislation or result in a material breach of or constitute a material default under any agreement, indenture, or instrument of which it is a party or by which it or its properties may be bound or affected. IN WITNESS WHEREOF, the Parties hereto have caused the execution of this Memorandum of Understanding as of the date first written above. TOWN OF VINTON IIn RICHARD W. PETERS, JR. TOWN MANAGER COUNTY OF ROANOKE Lo DANIEL R. O'DONNELL COUNTY ADMINISTRATOR Approved as to form: County Attorney Director of Finance and Management Services Date [END OF SIGNATURES] E MEMORANDUM OF UNDERSTANDING FOR MUNICIPAL UTILITY RELIEF PROGRAM IMPLEMENTATION EXHIBIT A CRF Award Letter MEMORANDUM OF UNDERSTANDING FOR MUNICIPAL UTILITY RELIEF PROGRAM IMPLEMENTATION EXHIBIT B DHCD Joint Certification Form MEMORANDUM OF UNDERSTANDING FOR MUNICIPAL UTILITY RELIEF PROGRAM IMPLEMENTATION BETWEEN EXHIBIT C Pass -Through Information Requirements The following pass-through information requirements pertaining the subaward to Authority (i.e., the County's transfer of the Authority CRF Funds) are set forth below in satisfaction of 2 C.F.R. §200.332 and as directed by the DHCD Guidance. The Federal Award Identification for funds (subaward) addressed by this Memorandum is the Federal Coronavirus Aid, Relief and Economic Security Act (CARES Act) / Coronavirus Relief Fund. (i) Subrecipient's Name: TOWN OF VINTON (ii) Subrecipient's Unique Entity Identifier: 0101574052 (iii) Federal Award Identification Number: CFDA 21.019 (iv) Federal Award Date: December 7, 2020 (v) Subaward Period of Performance Start and End Date: Start Date is Date of this Memorandum, End Date (deadline to return fiends) is January 29, 2021 (vi) Subaward Budget Period Start and End Date: Start Date is Date of this Memorandum, End Date (deadline to return funds) is JangM 29, 2021 (vii) Amount of Federal Funds Obligated by this Action by the Pass -Through Entity to the Subrecipient: $68,764.67 (viii) Total Amount of Federal Funds Obligated to the Subrecipient by the Pass -Through Entity Including the Current Financial Obligation: $1,482,150.67 (ix) Total Amount of the Federal Award Committed to the Subrecipient by the Pass - Through Entity: $1,482,150.67 (x) Federal Award Project Description, as Required to be Responsive to the Federal Funding Accountability and Transparency Act (FFATA): Coronavirus Relief Fund: Municipal Utility Relief Program to Assist Customers (xi) (A) Name of Federal Awarding Agency: U.S. Treasury Department (B) Name of Pass -Through Entity: COUNTY OF ROANOKE (C) Contact Information for Awarding Official of the Pass -Through Entity: DANIEL R. O'DONNELL 7 5204 BERNARD DRIVE ROANOKE. VA 24018 (xii) Assistance Listings Number and Title (the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement): CFDA Number and Title: 21.09, Coronavirus Relief Funds (xiii) Identification of Whether the Award is R&D Not R&D Award (xiv) Indirect Cost rate for the Federal Award (including if the de minimis rate is charged) per §200.414: N/A (no indirect costs can be charged by county/city or municipal utility) M MEMORANDUM OF UNDERSTANDING FOR MUNICIPAL UTILITY RELIEF PROGRAM IMPLEMENTATION EXHIBIT A V� GIN 4- I� � Ralph S. Northam Governor COMMONWEALTH of VIRGINIA Erik C. Johnston R. Brian Ball Director Secretary of Commerce and Trade DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT December 7, 2020 VIA EMAIL Anne Cantrell Treasurer/Finance Director Town of Vinton Re: Award Letter, Guidance, and Required Certification for COVID-19 Municipal Utility Relief Program to Assist Customers Dear Anne Cantrell: On behalf of Governor Northam, it gives me great pleasure to inform you that Town of Vinton has been awarded federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funds pursuant to the Appropriation Act mandated State Corporation Commission application process in the amount of $68,764.67 to assist with municipal utility customer relief for all eligible customers of Town of Vinton. This funding is being provided under CFDA 21.019 — Coronavirus Relief Funds (CRF). Additional details concerning this program including guidance, requirements, and several model forms are included in the following pages. Additional guidance concerning this program has been included with this letter, including a model customer intake form. Please read this carefully before proceeding with additional steps. Given the tight timeline for utilization of these funds and to ensure each utility directly receives these funds in an expedited manner you must return the attached certification in partnership with a city or county that will act as the fiscal agent to receive the funds from the Department of Accounts (DOA) and the city or county will then forward funds to the municipal utility to implement the program for the utility's customers. Once the project is complete, DOAwill follow up regarding project outcomes and compliance. I want to reiterate that it is incumbent on Town of Vinton and the partnering city or county to ensure project expenses are properly documented and verified in case of audit. For questions contact DHCD staff member David Conmy at utility@dhcd.virginia.gov. Sincerely, PkJohnsto Director, Virginia Department of Housing and Community Development CC: David Von Moll, Comptroller, Department of Accounts Encl: COVID-19 Municipal Utility Relief Program Guidance, Certification Form and Addendum, and Model Customer Intake Form MEMORANDUM OF UNDERSTANDING FOR MUNICIPAL UTILITY RELIEF PROGRAM IMPLEMENTATION EXHIBIT B CERTIFICATION FOR RECEIPT OF CORONAVIRUS RELIEF FUND PAYMENTS BY COUNTY OF ROANOKE ON BEHALF OF THE TOWN OF VINTON We, the undersigned, represent the COUNTY OF ROANOKE (`the County") and are working in partnership with the TOWN OF VINTON ("the Municipal Utility"), and we certify that: 1. The intent is for this allocation to pass through the County directly to the Municipal Utility to serve all eligible Virginia Municipal Utility customers. The Customer Utility Relief Program Operator should develop a sub -agreement with the County fiscal agent that ensures they will be responsible for compliance with state and federal law. 2. We have the authority to request direct payment, on behalf of the Municipal Utility from the Commonwealth of Virginia, of revenues from the Coronavirus Relief Fund (CRF) pursuant to section 601(b) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020). 3. We understand that the Commonwealth of Virginia will rely on this certification as a material representation in making a direct payment to the County. 4. The County and Municipal Utility's proposed uses of the funds received as direct payment from the Commonwealth of Virginia under section 601(b) of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for the Municipal Utility; and C. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. 5. Any funds that are not expended or that will not be expended on necessary expenditures incurred before December 30, 2020, by the Municipal Utility or its grantee(s), must be returned to Commonwealth of Virginia no later than January 29, 2021, and that the Commonwealth of Virginia is entitled to invoke State Aid Intercept to recover any such unexpended funds. 6. We understand that customer attestations of the COVID-19 economic hardship must be obtained and saved by the Utility Relief Program before forgiving arrearages. 7. We understand that the Municipal Utility will not receive continued funding beyond December 30, 2020, from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30, 2020. 8. Funds received as a direct payment from the Commonwealth of Virginia pursuant to this Certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure. 9. Up to five percent of funds allocated to individual localities may be used for direct administrative costs to support management of the Utility Relief Programs. 10. Any CRF funds expended by the Municipal Utility or its grantee(s) in any manner that does not adhere to official federal guidance or COVID-19 Municipal Utility Relief Program guidance shall be returned to the Commonwealth of Virginia within 30 days of a finding that the expenditure is disallowed, and that the Commonwealth of Virginia is entitled to invoke State Aid Intercept on the County serving as fiscal agent to the partner Municipal Utility system to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed. 11. As a condition of receiving the CRF funds pursuant to this certification, the County on behalf of the Municipal Utility system shall retain documentation of all uses of the funds, including but not limited to payroll time records, invoices, direct administrative costs, and/or sales receipts. Such documentation shall be produced to the Commonwealth of Virginia upon request. 12. The County on behalf of the Municipal Utility system must maintain proper accounting records to segregate these expenditures from those supported by other fund sources and that all such records will be subject to audit. 13. Any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees, or any other revenue source. 14. Fund payments may not be used for government revenue replacement, including the replacement of unpaid Municipal Utility fees. 15. Any CRF funds received pursuant to this certification will not be used for expenditures for which the Municipal Utility and its subrecipients have received funds from any other emergency COVID-19 supplemental funding (whether state, federal, or private in nature) for that same expense nor may CRF funds be used for purposes of matching other federal funds unless specifically authorized by federal statute, regulation, or guideline. (Signature Page to Follow) 2 We certify that we have read the above certification and our statements contained herein are true and correct to the best of our knowledge. Name of County: COUNTY OF ROANOKE Name of Municipal Utility: TOWN OF VINTON Printed Name of CAO: DANIEL R. O'DONNELL Printed Name of Municipal Utility Official: RICHARD W. PETERS, JR. Signature: Signature: Title: COUNTY ADMINISTRATOR Title: ACTING TOWN MANAGER Date: Date: Please provide County DUNS number: 062353610 Please provide Municipal Utility DUNS number: 0101574052 3 CERTIFICATION ADDENDUM Federal Requirements for information to be included in agreement between County and Municipal Utility §200.332 Requirements for pass-through entities. All pass-through entities must: (a) Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification. When some of this information is not available, the pass-through entity must provide the best information available to describe the Federal award and subaward. Required information includes: (1) Federal award identification. (Federal Coronavirus Aid. Relief and Economic Security Act (CARES ACT, Coronavirus Relief Fund)) (i) Subrecipient name (which must match the name associated with its unique entity identifier); Town of Vinton (ii) Subrecipient's unique entity identifier; 0101574052 (iii) Subaward Period of Performance Start and End Date; December 15, 2020 to January 29, 2021 (iv) Subaward Budget Period Start and End Date; December 15, 2020 to January 29, 2021 (v) Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient; $68,764.67 (vi) Total Amount of Federal Funds Obligated to the subrecipient by the pass- through entity including the current financial obligation; $1,482,150.67 (vii) Total Amount of the Federal Award committed to the subrecipient by the pass-through entity; $1,482,150.67 (viii) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); Coronavirus Relief Fund: Municipal Utility Relief Program to Assist Customers (ix) Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Pass-through entity; U.S. Treasury Department/Roanoke County/Daniel R. O'Donnell (x) Assistance Listings number and Title; the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement; CFDA Number and Title are 21.09, Coronavirus Relief Funds (xi) Identification of whether the award is R&D; This is not R&D award (xii) Indirect cost rate for the Federal award (including if the de minimis rate is charged) per §200.414. No indirect costs can be charged by county/ci1y or municibal utilitv 4 MEMORANDUM OF UNDERSTANDING FOR MUNICIPAL UTILITY RELIEF PROGRAM IMPLEMENTATION EXHIBIT C Pass -Through Information Requirements The following pass-through information requirements pertaining the subaward to Authority (i.e., the County's transfer of the Authority CRF Funds) are set forth below in satisfaction of 2 C.F.R. §200.332 and as directed by the DHCD Guidance. The Federal Award Identification for funds (subaward) addressed by this Memorandum is the Federal Coronavirus Aid, Relief and Economic Security Act (CARES Act) / Coronavirus Relief Fund. (i) Subrecipient's Name: TOWN OF VINTON (ii) Subrecipient's Unique Entity Identifier: 0101574052 (iii) Federal Award Identification Number: CFDA 21.019 (iv) Federal Award Date: December 7, 2020 (v) Subaward Period of Performance Start and End Date: Start Date is Date of this Memorandum, End Date (deadline to return fiends) is January 29, 2021 (vi) Subaward Budget Period Start and End Date: Start Date is Date of this Memorandum, End Date (deadline to return funds) is JangM 29, 2021 (vii) Amount of Federal Funds Obligated by this Action by the Pass -Through Entity to the Subrecipient: $68,764.67 (viii) Total Amount of Federal Funds Obligated to the Subrecipient by the Pass -Through Entity Including the Current Financial Obligation: $1,482,150.67 (ix) Total Amount of the Federal Award Committed to the Subrecipient by the Pass - Through Entity: $1,482,150.67 (x) Federal Award Project Description, as Required to be Responsive to the Federal Funding Accountability and Transparency Act (FFATA): Coronavirus Relief Fund: Municipal Utility Relief Program to Assist Customers (xi) (A) Name of Federal Awarding Agency: U.S. Treasury Department (B) Name of Pass -Through Entity: COUNTY OF ROANOKE (C) Contact Information for Awarding Official of the Pass -Through Entity: DANIEL R. O'DONNELL 5204 BERNARD DRIVE ROANOKE. VA 24018 (xii) Assistance Listings Number and Title (the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement): CFDA Number and Title: 21.09. Coronavirus Relief Funds (xiii) Identification of Whether the Award is R&D Not R&D Award (xiv) Indirect Cost rate for the Federal Award (including if the de minimis rate is charged) per §200.414: N/A (no indirect costs can be charged by county/city or municipal utility) 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2020 EMERGENCY ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $68,764.67, ON BEHALF OF THE TOWN OF VINTON, FROM THE COMMONWEALTH OF VIRGINIA, FOR THE COVID-19 UTILITY RELIEF PROGRAM, DISTRIBUTED AS A COMPONENT OF THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT OF 2020 AND AUTHORIZING THE EXECUTION OF 1) A MEMORANDUM OF UNDERSTANDING AND 2) CERTIFICATION FOR RECEIPT OF CORONAVIRUS RELIEF FUND PAYMENTS FOR THE COVID-19 UTILITY RELIEF PROGRAM WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") was passed by the United States Congress and signed into law by the United States President on March 27, 2020; and WHEREAS, a primary component of the CARES Act is the provision of funding assistance to state, local, territorial, and tribal governments for direct costs associated with the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund ("CRF"); and WHEREAS, consistent with the CARES Act, in November 2020, the General Assembly passed and Governor Northam signed into law the 2020 Special Session Amendments to the 2020 Appropriation Act and Item 479.10 of this legislation appropriates $100 million from the Commonwealth's CARES Act CRF allocation to establish a COVID-19 Utility Relief Program ("Program") to help provide direct assistance to utility customers with accounts over 30 days in arrears; and WHEREAS, the Town of Vinton ("Town") has been notified that it has been Page 1 of 3 awarded federal CARES Act funds pursuant to the Appropriation Act mandated State Corporation Commission application process in the amount of $68,764.67 to assist with municipal utility customer relief for all eligible customers of the Town; and WHEREAS, such funds must be used to only cover those costs that: a. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. Were not accounted for in the budget most recently approved as of March 27, 2020, for the utility; and c. Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; and WHEREAS, Roanoke County (the "County") has agreed to act as the Town's fiscal agent as required by the Virginia Department of Housing and Community Development ("DHCD") to facilitate assistance to eligible customers, and a memorandum of understanding has been proposed to such effect; and WHEREAS, in order to receive the CRF funding, the Town and County must also complete a Certificate of Receipt of Coronavirus Relief Fund Payments; and WHEREAS, the first reading of this ordinance was held on December 15, 2020, and it is proposed that a second reading be dispensed with, upon a 4/5ths vote of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter, in order to enable the localities to receive and expend the funds prior to December 30, 2020. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 2 of 3 1. That the sum of $68,764.67 is accepted, and is appropriated to the County's Grant Fund, in the Commonwealth's CARES Act CRF allocation, for use by the Town to establish a COVID-19 Utility Relief Program. 2. The County Administrator, or any Assistant County Administrator, is authorized to execute a memorandum of understanding with the Town of Vinton, in which the County will agree to act as the fiscal agent for the Town for the Utility Relief Program, on a form as approved by the County Attorney. 3. The County Administrator, or any Assistant County Administrator, is further authorized to execute a Certificate of Receipt of Coronavirus Relief Fund Payments, and any other such documents that may be necessary to effectuate the Utility Relief Program. 4. An emergency is deemed to exist, and this ordinance shall be effective upon its adoption. Page 3 of 3 CERTIFICATION FOR RECEIPT OF CORONAVIRUS RELIEF FUND PAYMENTS BY COUNTY OF ROANOKE ON BEHALF OF THE TOWN OF VINTON We, the undersigned, represent the COUNTY OF ROANOKE (`the County") and are working in partnership with the TOWN OF VINTON ("the Municipal Utility"), and we certify that: 1. The intent is for this allocation to pass through the County directly to the Municipal Utility to serve all eligible Virginia Municipal Utility customers. The Customer Utility Relief Program Operator should develop a sub -agreement with the County fiscal agent that ensures they will be responsible for compliance with state and federal law. 2. We have the authority to request direct payment, on behalf of the Municipal Utility from the Commonwealth of Virginia, of revenues from the Coronavirus Relief Fund (CRF) pursuant to section 601(b) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020). 3. We understand that the Commonwealth of Virginia will rely on this certification as a material representation in making a direct payment to the County. 4. The County and Municipal Utility's proposed uses of the funds received as direct payment from the Commonwealth of Virginia under section 601(b) of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for the Municipal Utility; and C. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. 5. Any funds that are not expended or that will not be expended on necessary expenditures incurred before December 30, 2020, by the Municipal Utility or its grantee(s), must be returned to Commonwealth of Virginia no later than January 29, 2021, and that the Commonwealth of Virginia is entitled to invoke State Aid Intercept to recover any such unexpended funds. 6. We understand that customer attestations of the COVID-19 economic hardship must be obtained and saved by the Utility Relief Program before forgiving arrearages. 7. We understand that the Municipal Utility will not receive continued funding beyond December 30, 2020, from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30, 2020. 8. Funds received as a direct payment from the Commonwealth of Virginia pursuant to this Certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure. 1 9. Up to five percent of funds allocated to individual localities may be used for direct administrative costs to support management of the Utility Relief Programs. 10. Any CRF funds expended by the Municipal Utility or its grantee(s) in any manner that does not adhere to official federal guidance or COVID-19 Municipal Utility Relief Program guidance shall be returned to the Commonwealth of Virginia within 30 days of a finding that the expenditure is disallowed, and that the Commonwealth of Virginia is entitled to invoke State Aid Intercept on the County serving as fiscal agent to the partner Municipal Utility system to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed. 11. As a condition of receiving the CRF funds pursuant to this certification, the County on behalf of the Municipal Utility system shall retain documentation of all uses of the funds, including but not limited to payroll time records, invoices, direct administrative costs, and/or sales receipts. Such documentation shall be produced to the Commonwealth of Virginia upon request. 12. The County on behalf of the Municipal Utility system must maintain proper accounting records to segregate these expenditures from those supported by other fund sources and that all such records will be subject to audit. 13. Any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees, or any other revenue source. 14. Fund payments may not be used for government revenue replacement, including the replacement of unpaid Municipal Utility fees. 15. Any CRF funds received pursuant to this certification will not be used for expenditures for which the Municipal Utility and its subrecipients have received funds from any other emergency COVID-19 supplemental funding (whether state, federal, or private in nature) for that same expense nor may CRF funds be used for purposes of matching other federal funds unless specifically authorized by federal statute, regulation, or guideline. (Signature Page to Follow) 2 We certify that we have read the above certification and our statements contained herein are true and correct to the best of our knowledge. Name of County: COUNTY OF ROANOKE Name of Municipal Utility: TOWN OF VINTON Printed Name of CAO: DANIEL R. O'DONNELL Printed Name of Municipal Utility Official: RICHARD W. PETERS, JR. Signature: Signature: Title: COUNTY ADMINISTRATOR Title: ACTING TOWN MANAGER Date: Date: Please provide County DUNS number: 062353610 Please provide Municipal Utility DUNS number: 0101574052 3 CERTIFICATION ADDENDUM Federal Requirements for information to be included in agreement between County and Municipal Utility §200.332 Requirements for pass-through entities. All pass-through entities must: (a) Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification. When some of this information is not available, the pass-through entity must provide the best information available to describe the Federal award and subaward. Required information includes: (1) Federal award identification. (Federal Coronavirus Aid. Relief and Economic Security Act (CARES ACT, Coronavirus Relief Fund)) (i) Subrecipient name (which must match the name associated with its unique entity identifier); Town of Vinton (ii) Subrecipient's unique entity identifier; 0101574052 (iii) Subaward Period of Performance Start and End Date; December 15, 2020 to January 29, 2021 (iv) Subaward Budget Period Start and End Date; December 15, 2020 to January 29, 2021 (v) Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient; $68,764.67 (vi) Total Amount of Federal Funds Obligated to the subrecipient by the pass- through entity including the current financial obligation; $1,482,150.67 (vii) Total Amount of the Federal Award committed to the subrecipient by the pass-through entity; $1,482,150.67 (viii) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); Coronavirus Relief Fund: Municipal Utility Relief Program to Assist Customers (ix) Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Pass-through entity; U.S. Treasury Department/Roanoke County/Daniel R. O'Donnell (x) Assistance Listings number and Title; the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement; CFDA Number and Title are 21.09, Coronavirus Relief Funds (xi) Identification of whether the award is R&D; This is not R&D award (xii) Indirect cost rate for the Federal award (including if the de minimis rate is charged) per §200.414. No indirect costs can be charged by county/city or municipal utility rd ACTION NO. ITEM NO. E.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 15, 2020 Emergency ordinance authorizing the adoption of Amendment No. 2 to the Workforce Investment Area III Chief Local Elected Officials (CLEO") Charter Agreement, to designate the Western Virginia Workforce Development Board as Fiscal Agent Peter S. Lubeck County Attorney Daniel R. O'Donnell County Administrator Amendment to the Workforce Investment Area III Chief Local Elected Officials Charter Agreement, appointing the Western Virginia Workforce Development Board as fiscal agent. BACKGROUND: The Workforce Investment Area III Chief Local Elected Officials ("CLEO") Consortium ("Consortium") was formed by a Charter Agreement in 2003 between and among the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Salem and Roanoke. The Consortium agreed to work cooperatively to promote programs to support employment opportunities within the region. The Agreement was developed in a manner consistent with the provisions of the Workforce Investment Act ("WIX) and identified the role of the Consortium, such as appointing the members of the Western Virginia Workforce Development Board ("WDB") and designating a Grant Recipient and Fiscal Agent for WIA funds. The City of Roanoke was designated as Grant Recipient and the WDB was designated as Fiscal Agent. In July 2014, the United States Congress enacted the Workforce Innovation and Page 1 of 2 Opportunity Act ("WIOA") which repealed and replaced the WIA. On June 15, 2015, Council authorized Amendment No. 1 to the Charter Agreement which made the Charter Agreement consistent with the WIOA, confirmed that the Charter Agreement was an exercise of joint powers permitted by Section 15.2-1300 of the Code of Virginia (1950) as amended, and changed the Fiscal Agent from the WDB to the Roanoke Valley -Alleghany Regional Commission ("RVARC"). On April 14, 2020, the RVARC announced it was discontinuing service as the Fiscal Agent effective December 31, 2020, thus necessitating another amendment to the CLEO Charter Agreement. DISCUSSION: The WDB has indicated its desire to be again designated as the Fiscal Agent. A second amendment to the CLEO Charter Agreement has been proposed, to accomplish such action. In addition, Roanoke City Staff has drafted a proposed Memorandum of Understanding ("MOU"), between the City (as grant recipient) and the WDB (as fiscal agent), setting forth the duties and responsibilities of the fiscal agent, to be attached as an exhibit to Amendment No. 2 to the CLEO Charter Agreement. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends adopting an ordinance approving Amendment No. 2 to the CLEO Charter Agreement. Page 2 of 2 ORIGINAL V I R G I N I A %NORkfollulle NETWORK Workforce Investment Area III Chief Local Elected Officials Charter Agreement PURPOSE OF THE AGREEMENT: In accordance with the Workforce Investment Act (WTA), herein referred to as the ACT, the mayors of the cities of Covington, Roanoke, and Salem, the Chairmen of the Board Of Supervisors of the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, hereafter referred to as the Chief Local Elected Officials (CLECs), enter into this agreement to continue to work together through a consortium to be called the Workforce Investment Area III Chief Local Elected Officials Consortium (licreinafter, the Consortium). The purpose of the Consortium is to implement activities pursuant to the Act [Section 117 (c)(I)(B)(i)(ii)] in the Western Virginia Workforce Development Area III by executing an agreement that specifies the role of the individual Chief Local Elected Officials, appointing the Western Virginia Workforce Development Board (WDB), and carrying out any other responsibilities assigned to such officials under this subtitle. The Consortium hereby agree to work together according to the provisions of the WIA and the Federal Regulations (Regulations) as issued by the United States Secretary of Labor for the implementation of terms of this agreement certifying by their signatures that they posses full legal authority, as provided by state and local authority, as provided by state and local statutes or ordinances, to enter into this agreement, T- —41. 4,L- 11rrYD A— fi-- so -1--- -1-11 "I "J`FulaLIVII WILLI UIC VY Luc; I U.. WIMI WVV, LIJ t,LMLLLt, U1 LLIV., F1%.JrLC111n UFC;1aL%7,U under the ACT and that all programs, procedures, and activities comply with all regulations and the local plan. ar THIS AGREEMENT, made and entered into this 1-i 'day of1--Q" 2003, by and between the jurisdictions of. i The City of Covington The County of Botetourt The City of Roanoke The County of Craig The City of Salem The County of Franklin The County of Allegbany The County of Roanoke In the Commonwealth of Virginia (hereinafter, the Jurisdictions) WITNESSETH: WHEREAS, the County Board of Supervisors/City Council of the aforementioned jurisdictions did previously adopt resolutions authorizing the County Board Chairperson/City Mayor to sign a charter creating the Work -force Investment Area III Chief Local Elected Officials Consortium in order to administer the provisions of Public Law 105-220, the Federal Workforce Investment Act, and WHEREAS, the County Board of Supervisors/City Council of each of the aforementioned jurisdictions has adopted a resolution authorizing the County Board Chairperson or City Mayor to sign this Charter of the Workforce Investment Area III Chief Local Elected Officials Consortium under theV4Iorkforee Investment Act (P.L. 105-220) (hereinafter, the "Charter"): OR PT � N, A, V I R G I N I A WORkforce NETWORK NOW, THEREFORE, in consideration of the above premises and the mutual covenants of the parties hereinafter set forth, the receipt and each party acknowledges sufficiency of which for itself, the Jurisdictions do hereby agree to the following Charter: AGREEMENT SECTION 1: That the Jurisdictions of The City of Covington The City of Roanoke The City of Salem The County of Alleghany The County of Botetourt The County of Craig The County of Franklin The County of Roanoke Do hereby constitute themselves to be a "Consortium" for the purposes of Section 117 (c)(1)(B) of Public Law 105-220, the Workforce Investment Act. SECTION 2: The chief local elected officials (the chairpersons of the County Board of Supervisors or City Mayor) or the designees of said officials of the jurisdictions shall constitute the Workforce Investment Area III Chief Local Elected Officials Consortium, which shall appoint the Local Workforce Investment Board under Section 117 (c) (1) (B) of the Act. SECTION 3: The Consortium shall elect from its membership a Chairperson, a Vice -Chairperson. and L11-- __ t__ '- 41-- 1-1-1_ — _r_ ...-0- -- __ .._4,:J - SUCH OUICI WILUCIb Ub 111U.Y UV JAUVILICU IUL L11 LIIE;; UYIUW3 LU SZrive LVr a tCrin. 01 V11UY%aaL U1 U14U1 a successor is elected and qualified. Vacancies shall be filled by election for the remainder of the unexpired term. The Chairperson may appoint a staff person to serve as a board clerk. SECTION 4: Roberts Rules of Order, Newly Revised, shall govern the procedures of the Consortium insofar as they do not conflict with applicable law, or administrative rules and/or bylaws duly adopted by the Consortium. SECTION 5: The Consortium may adopt operational and procedural bylaws consistent with this Charter, applicable federal and state laws, and rules or regulations pursuant thereto. Bylaws or amendments thereto may be adopted by a simple majority vote of members present at any regular meeting called for that purpose. , provided that written copies thereof are delivered to each member fifteen days prior to consideration. SECTION 6: The Consortium shall perform all functions for local elected officials contained in P.L. 105-220, the Federal Workforce Investment Act as described in Section 117. The Consortium's -1 A- 1....+ --- --C 1: *A -1 — I Ulk-LUUF,, UUL LUU, ILUL 1"4ULUU LU. responsiu-illitlies shall :- 1. Appointment of all members to the Western Virginia Workforce Development Board. 2. Initial development of Bylaws for the Western Virginia Workforce Development Board operations. 3. Through designation of a Grant Recipient and Fiscal Agent will: a. Receive funding; b. Account for funding; 11,0 llartcr 'A'-, I.C.,cinc III: V I R G I N I A J1 WO rce NETWORK C. Function as the program administrative entity; and d. Provide for staffing of both the CLEO Consortium and the Workforce Development Board. 4. Will insure appropriate auditing of program funds. 5. Will approve the Workforce Investment Act and other appropriate funding source budget(s) of the Western Virginia Workforce Development Board. 6. In cooperation with the Western Virginia Workforce Development Board, the CLEO Consortium -will perform the following partner functions: a. Develop the local 5 -year plan; b. Negotiate local performance standards with the Governor; C. Appoint the Youth Council; d. Designate or certify local One -Stop Operators e. Provide agreement for Memorandums of Understanding with One -Stop Partners; and f. Conduct oversight of the One -Stop Delivery System SECTION The Consortium will approve a budget for the Western Virginia Workforce Development Board and shall support the Western Virginia Workforce Development Board in the performance of the partner functions as defined in the agreement between the Consortium and the WDB. SECTION 8: The Consortium designates from its membership the local government iurisdiction of the City of Roanoke to serve as the grant recipient and the WDB to serve as the fiscal agent for Title I funds of the WIA. SECTION 9: The parties acknowledge that they are accountable to the Governor of the Commonwealth of Virginia for the Acts of the CLEO Consortium and the WVWDB and for the performance of any subcontractors. The parties acknowledge the authority of the CLEO Consortium to monitor, evaluate and take corrective action concerning performance specified in the Job Training Plan and contracts or agreements negotiated pursuant thereto. The parties to this Agreement, to the extent consistent with applicable law, certify acceptance of the responsibility for the total management, operation and compliance with all applicable laws and regulations. Any financial or legal liability of the CLEO Consortium shall be shared on the same pro rata basis as the population, per the most recent United States Census. SECTION 10: The Consortium shall appoint the Local Workforce Investment Board (Western Virginia Workforce Investment Board) Area III, under Section 117 (c) (1) (A) of P.L. 105-220 and applicable rules thereunder. The Consortium will comply with local 'Workforce investment Board requirements as contained in Virginia Employment Commission Policy Number 99-2, "Establishment of Local Workforce Investment Boards" effective November 19, 1999. SECTION 11: The Consortium shall execute an agreement with the Western. Virginia Worldarce Development Board for the operation and functions of the Board under Section 117 of the Workforce Investment Act, and shall approve all Local Plans under Section 118 of the Act. 00"RIGINAL V I R G I N I A %VO R Orc rc. SECTION 12: This Charter agreement shall be effective when approved by Resolutions adopted by the County Board of Supervisors/City Council of each jurisdiction party hereto and executed by the chief elected official thereof pursuant to said resolution. This serves to repeal and supersede any and all prior written or oral consortium agreements under P.L. 102-357, the Job Training Partnership Act, effective 7/l/2000. SECTION 13: Amendments to the Charter agreement may be adopted with the concurrence of the Board of Sunervisnrs/Citv Council of each iii-risdiction nartv hereto. The Cnn.,;nrtiin-n may be rlis-,olved and this agreement may be rescinded only with the consent of all the Boards of Supervisors/City Councils of each jurisdiction party hereto and the Governor. IN WITNESS WHEREOF, the parties hereto have caused this Charter Agreement to be executed by the Chairperson of the Cou'" Board of Supervisors or the City Mayor of the aforementioned jurisdictions. Date T/mpld L. i r yor, he of vington Date Ralph SrrX Mayor, The City of Roanoke A, ZZ -4�� Date Carl E. Tarpley, Jr., MayorT ire City of Salem Cletus Nicely, Chair, Board of Supers s, The County of Alleghany _r 4t )'L'1P (2?A—A,L Date Stephen P. Clinton, Chair, Board of S6pervisors, The County of Botetourt Date Z// 71d Keffer, Cha` )Koard of Supervisors, The County of Craig Date A//2 o/o c W. Wayne AnW, Chair, Boa rdZf Sul ervisors, The County of Franklin p Date Richard C. Flora, Chair, Board of Supervisors, The County of Roanoke AMENDMENT'NO. I TO 'WORKFORCE INVESTMENT AREA III CHIEF LOCAL ELECTED OFFICIALS This Amendment No. I to the Workforce Investment Area III Chief Local Elected Officials Charter Agreement is made this It day of k 2015, by and among City of covinumn the aty of Rronnnk-e the Citv nf gnlp.m and the. C'niinfv of AlTephanv. the Cnnntv of Botetourt, the County of Craig, the County of Franklin, arid the County of Roanoke (the "Member Jurisdictions"). A. The Member Jurisdictions, via action through their respective mayors and chainnen of the board of supervisors, formed the Workforce Investment Area III Chief Local Elected Officials Consortium (the -Consortium") by the execution of the Workforce Investment Area III Chief Local Elected Officials Charter Agreement dated July 21, 2003 (the ",Charter B. Pursuant to the terms of the Charter Agreement, the Consortium agreed to work cooperatively to promote prograrns to support employment opportunities within Workforce Development,Area 111, as designated by the Commonwealth of Virginia ("Area III"), in a mariner consistent with the provisions of the Workforce Investment Act, 29 U,&C. §§ 2801., et Ms. ("WIA") and the rules and regulations promulgated by the United States Department of Labor (the -"'Department"'). Ca In July 2014, the United States Congress enacted the Workforce Innovation and Opportunity Act, 29 U.S.C.. §§ 3 10 1, et s2q. ("WIOA"),that repealed and replaced WIA. D. Pursuant to Section 13 of the Charter Agreement, the Member Jurisdictions may amend the Charter Agreement with the authorization and concurrence of the governing bodies of each of the Member Jurisdictions. E. The Member Jurisdictions have the authority to enter into joint agreements pursuant to Section 15.2-1300, Code of Virginia (1950), as amended, and the Charter A arp.p.mp.nt d,.nnc6fnfPQ q norep-ment fnr the inint e-yerrice. nF nnim--im hu mrtirinnfinfy nnUtir-A subdivisions of the Commonwealth of Virginia, F. Based upon a review of the Charter Agreement, and the recent enactment of WIOA, the Member Jurisdictions desire to amend the Charter Agreement in accordance with this Amendment No. I to Workforce Investment Area III Chief Local Elected Officials Charter Agreement ("Amendment Nos I"). G. The governing body of each of the Member Jurisdictions has adopted an ordinance approving of, and concurring with this Amendment No. 1, and has authorized its respective mayor or chaff an of its board of supervisors to execute this Amendment No. I NOW, THEREFORE, based on the recitals set forth above, which recitals are a material part of this Amendment No. 1, and for other good and valuable consideration, the Member Jurisdictions agree and hereby amend the Charter Agreement as follows: I . Amendment to PlIrDose of the A __ - - _.- - t, The preamble section of the Charter Agreement entitled "PURPOSE OF THE AGREEMENT" is amended to provide at the end of the section as follows: The Consortium acknowledges the enactment of the Workforce Investment and Opportunity Act of 2014, 29 U.S.C� §§ 3101, et §0, ("WIOA") and agrees that the Consortium, in cooperation with the WDB, a Virginia non -stock corporation, will operate in accordance with the provisions of the CIO A and the regulations and rules 19 promulgated and adopted by the United States Department of Labor to insure success of the programs operated under the WIOA comply with all applicable federal and state laws, rules, regulations, and guidelines, and with the terms oft e local plan developed for Area Ill. The Member Jurisdictions, through the CLEO, acknowledge, affirm, and agree that the Workforce Investment Area Ill Chief Local Flected Offirial.-; Charter Afireement danmi July 21, 2003, as amended, constitutes an agreement authorized by Section 15.2-1300, Code of Virginia (1950), as amended, for the joint exercise of powers by participating political subdivisions of the Commonwealth of Virginia. 1 Amend Section 8 of the Charter Agreement by deleting Section 8 in its entirety and replacing Section 8 with the followin& SECTION 8 Administration. 8.1 Grant Recipient. The Consortium designates from its membership the local government jurisdiction of the City of Roanoke as the grant recipient For all grants funds appropriated to the Consortium for Area Ill pursuant to the Act of the W10A. The City shall ensure compliance with the terms and conditions of such grants. S. Fiscal Agent. In order to facilitate and expedite the implementation and operation of the workforce development plan for Area Ill, the Consortium appoints the Roanoke Valley -Alleghany Regional Commission as the initial fiscal agent for the Consortium and WDB, The Consortium, with the advice and consent of the WDB and the Member Jurisdiction designated as the grant recipient, shall appoint any future fiscal agent pursuant to this Section 8.2. 10 The terms, conditions, duties, and responsibilities of fiscal agent shall be set forth in an agreement among the Consortium, WDB, the grant recipient designated by the Consortium, and the party designated by the Consortium as fiscal agent. 1 Amend the Charter Agreement by adding a new Section 14 to follow Section 13 and to read and provide as follows: SF.C110M 1-4- C'h.qnfyeq in the Act.. The Member Jurisdictions acknowledge mid agree that the WIOA repeals and replaces the Act. For purposes of this Charter Agreement, the Member Jurisdictions agree that references to "the Act" or sections of "the Act," and regulations and rules adopted pursuant thereto, contained in this Charter Agreement shall hereafter include or refer to the "I A, relevant and corresponding sections of the WIOA, and the rules, regulations, and guidelines adopted pursuant to the WIOA, 4s they currently exist or may be amended. 4r Effect. Except as amended by this Amendment No. 1, the Charter Agreement remains in full force and effect in accordance with its original terms. The Member Jurisdictions acknowledge., agree, and ratify that the Charter Agreement, as amended by this Amendment No. 1, constitutes the entire charter for the establishment of the Consortium. Capitalized terms not defined in this Amendment No. I shall have the meaning ascribed to such terms as set forth in the Charter Agreement. This Amendment No, I shall take effect as of the latest date on which the governing bodies of the Member Jurisdictions have approved and concurred to this Amendment No. I SIGNATURES APPEAR ON THE FOLLOWING PAGES in Ir IIIIIII '1, 11111111111 111 111 1!11 1 Emma= Jurisdictions have executed this Amendment No.1 on behalf of their respective Member Jurijdictions. Rame-:`- . ... . ... . ... . ... Title: Mayor, City of Covington, Virginia Date:If' 1 20 1 ------------ -1` IeL ----------- I 15 0 Date: 2015 Nara A -avid A. Bowers Title: Mayor, City of Roanoke, Virginia Date: ------------------ Name: 011 Title: ayor, City of Salem, i, ma EIR - ."Irl— A ----------------- Name: Title:r Board of Supervisors County of Alleghany, Virginia MR 91M te: .. 7 2015 .... ................ ... Ka—me:WsLdAL— Title: Chairman, Board of Supervisors County of Botetourt, Virginia Name: Title: Chairrn!!a!n!,!!B!o!!a!!r of Supervisors ounty, of Franklin, Virginia RIMINI! Title: Chai an, Board of Supervisors County of Roanoke, Virginia 2 015 r%-,-. P) - I I c* ---%III C Date: 2015 APPROVED AS TO FORM: N ame: City of Covington Alleghany, Virginia IAA_ I/ Nam;�_D'anidcaa�11 Ro9_11 City Attorney City of anoke,filirginia Na Stev�e� t, City �Attorn�ey�� City of Sal Virginia Nar County of Alle any, Virginia PAR. County ot*Botetourt Vi i Name: e. 4 ountvof Crai, Virginia Name: County of Franklin, N, irginia Nanic: Paul Mahoney, Cout Attomey County of Roanoke, Date:2015 Date:— 09--05-11AW i 2015 Date: I g "7015 Date: p 2015 Date: 2015 Datee_7__ Z9- eoll-I 12015 Date: 2015 Date: s. 1, 15 '1015 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2020 EMERGENCY ORDINANCE AUTHORIZING THE ADOPTION OF AMENDMENT NO. 2 TO THE WORKFORCE INVESTMENT AREA III CHIEF LOCAL ELECTED OFFICIALS ("CLEO") CHARTER AGREEMENT, TO DESIGNATE THE WESTERN VIRGINIA WORKFORCE DEVELOPMENT BOARD AS FISCAL AGENT WHEREAS, in 2003, the Cities of Covington, Roanoke, and Salem, and the Counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke created, by Charter Agreement, a consortium (the "Consortium") to work together in accordance with the provisions of the federal Workforce Investment Act (the "Act") within the Western Virginia Workforce Development Area III, as designated by the Commonwealth of Virginia ("Area III"); and WHEREAS, one of the roles of the Consortium, as set forth in the Charter Agreement, was to appoint the Western Virginia Workforce Development Board ("WDB"); AND WHEREAS, in July 2014, the United States Congress enacted the Workforce Innovation and Opportunity Act, 29 U.S.C. §§ 3101, et. seq. ("WIOX) that repealed and replaced the WIA; and WHEREAS, in 2015, the Member Jurisdictions executed Amendment No. 1 to the Charter Agreement, which, inter glia, 1) acknowledged the enactment of the WOIA, and recognized that Consortium would henceforth operate in accordance with the authority and provisions of the WOIA, and 2) changed the Consortium's fiscal agent from the Western Virginia Workforce Development Board ("WDB"), the original fiscal agent, to the Roanoke Valley -Alleghany Regional Commission ("RVARC"); and Page 1 of 3 WHEREAS, in April 2020, the RVARC announced that it will discontinue service as the Fiscal Agent for the Consortium effective December 31, 2020, thus necessitating another amendment to the Charter Agreement; and WHEREAS, it has been proposed that WDB should again be designated as the Fiscal Agent for the Consortium and for itself; and WHEREAS, Section 13 of the Charter Agreement allows for amendments to the Charter Agreement with the concurrence of the governing bodies of the Member Jurisdictions; and WHEREAS, the first reading of this ordinance was held on December 15, 2020; and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, that: 1. The Board concurs with amending the Charter Agreement by adoption of Amendment No. 2, to designate the WDB as the Fiscal Agent for the Consortium and for itself. 2. The County Administrator or any Assistant County Administrator is authorized to execute Amendment No. 2 to the Charter Agreement. Such amendment shall be in a form substantially similar in form to document included in the Board materials for its December 15, 2020 meeting, the form to be approved by the County Attorney. Page 2 of 3 3. In order to appoint WDB as Fiscal Agent prior to December 31, 2020, the second reading of this ordinance is waived, an emergency is deemed to exist, and this ordinance shall be effective upon its adoption. Page 3 of 3 AMENDMENT NO. 2 TO WORKFORCE INVESTMENT AREA III CHIEF LOCAL ELECTED OFFICIALS CHARTER AGREEMENT This Amendment No. 2 to the Workforce Investment Area III Chief Local Elected Officials Charter Agreement, as amended, is made this day of , 2020, by and among City of Covington, the City of Roanoke, the City of Salem, the County of Alleghany, the County of Botetourt, the County of Craig, the County of Franklin, and the County of Roanoke (the "Member Jurisdictions"). RECITALS A. The Member Jurisdictions, acting through their respective mayors and chairmen of the board of supervisors, formed the Workforce Investment Area III Chief Local Elected Officials Consortium (the "Consortium") by the execution of the Workforce Investment Area III Chief Local Elected Officials Charter Agreement dated July 21, 2003 (the "Charter Agreement") B. Pursuant to the terms of the Charter Agreement, the Consortium agreed to work cooperatively to promote programs to support employment within Workforce Development Area III, as designated by the Commonwealth of Virginia ("Area IIP'), in a manner consistent with the provisions of the Workforce Investment Act, 29 U.S.C. §§ 2801, etseq. ("WIA") and the rules and regulations promulgated by the United States Department of Labor (the "Department") C. In July 2014, the United States Congress enacted the Workforce Innovation and Opportunity Act, 29 U.S.C. §§ 3101, et seq. ("WIOA") that repealed and replaced WIA. 1 D. On August 11, 2015, the Member Jurisdictions amended the Charter Agreement in a document entitled Amendment No. 1 to Workforce Investment Area III Chief Local Elected Officials Charter Agreement ("Amendment No. 1"), in which the Consortium implemented changes enacted by the WIOA, changed the fiscal agent from the WDB to the Roanoke Valley - Alleghany Regional Commission ("Commission"), and made the Commission the fiscal agent for both the Consortium and the WDB. E. On April 14, 2020, the Commission announced it was discontinuing service as the fiscal agent for the Consortium and WDB effective December 31, 2020. F. The Consortium herein designates the WDB as the new fiscal agent and also herein requires that the duties of the fiscal agent be defined in an agreement between the grant recipient and the fiscal agent, which the Consortium has agreed shall be substantially similar in form to the initial agreement attached to this Amendment No. 2 as Exhibit 1. G. The governing body of each of the Member Jurisdictions has adopted an ordinance approving of, and concurring with this Amendment No. 2, and has authorized its respective mayor or chairman of its board of supervisors to execute this Amendment No. 2. NOW, THEREFORE, based on the recitals set forth above, which recitals are a material part of this Amendment No. 2 and incorporated herein by reference, and for other good and valuable consideration, the Member Jurisdictions agree and hereby amend the Charter Agreement as follows: 2 1. Amend Section 8.2 of the Charter Agreement as follows: SECTION 8 Administration. 8.2 Fiscal Agent. In order to facilitate and expedite the implementation and operation of the workforce development plan for Area III, the Consortium appoints the Roanoke v„iley n hent a*y Regional C,,,,,missiei as the iiiiti ' WDB as the fiscal agent for the Consortium and WDB. coz. The terms, conditions, duties, and responsibilities of the fiscal agent shall be set forth in an agreement among between the Ceasai4iwR, WDB; and the grant recipient designated by the Consortium, and the paft , desi hated b *he r,,,nsei4iti,. as file,' agent.. 2. Effect: Except as amended by Amendment No. 1 and this Amendment No. 2, the Charter Agreement remains unchanged and in full force and effect, in accordance with its original terms. The Member Jurisdictions acknowledge, agree, and ratify that the Charter Agreement and Amendment No. 1, except as amended by this Amendment No. 2, constitutes the entire Charter Agreement for the establishment of the Consortium. Capitalized terms not defined in this Amendment No. 2 shall have the meaning ascribed to such terms as set forth in the Charter Agreement. This Amendment No. 2 shall take effect as of the latest date on which the governing bodies of the Member Jurisdictions have approved and concurred to this Amendment No. 2. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 IN WITNESS WHEREOF, the chief local elected officials of the respective Member Jurisdictions have executed this Amendment No. 2 on behalf of their respective Member Jurisdictions. F. Date: 12020 Name: Thomas H. Sibold Jr. Title: Mayor, City of Covington, Virginia Date: , 2020 Name: Sherman P. Lea, Sr. Title: Mayor, City of Roanoke, Virginia Date: , 2020 Name: Renee F. Turk Title: Mayor, City of Salem, Virginia Date: , 2020 Name: G. Matt Garten Title: Chairman, Board of Supervisors County of Alleghany, Virginia Date: , 2020 Name: Billy W. Martin, Sr., Title: Chairman, Board of Supervisors County of Botetourt, Virginia Date: , 2020 Name: Jesse Spence Title: Chairman, Board of Supervisors County of Craig, Virginia Date: , 2020 Name: Leland Mitchell Title: Chairman, Board of Supervisors County of Franklin, Virginia Date: , 2020 Name: David F. Radford Title: Chairman, Board of Supervisors County of Roanoke, Virginia F. APPROVED AS TO FORM: Name: Mark C. Popovich, City Attorney City of Covington Alleghany, Virginia Name: Timothy R. Spencer, City Attorney City of Roanoke, Virginia Name: Steven Yost, City Attorney City of Salem, Virginia Name: Jim H. Guynn, Jr., County Attorney County of Alleghany, Virginia Name: Michael W.S. Lockaby, County Attorney County of Botetourt, Virginia Name: Michael R. Bedsaul, County Attorney County of Craig, Virginia Name: Jim H. Guynn, Jr., County Attorney County of Franklin, Virginia Name: Peter Lubeck, County Attorney County of Roanoke, Virginia Date: 2020 Date: , 2020 Date: 2020 Date: , 2020 Date: 2020 Date: , 2020 Date: 2020 Date: , 2020 5 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("Memorandum") is made and entered into and effective as of the day of December, 2020, to document the relationship and obligations between the City of Roanoke ("City") as "Grant Recipient," and Western Virginia Workforce Development Board ("WVWDB"), with respect to WVWDB's duties as Fiscal Agent, and provides as follows: WHEREAS, the Member Jurisdictions formed the CLEO Consortium for the Commonwealth of Virginia's Workforce Development Area III to promote and support programs for employment opportunities, pursuant to a Charter Agreement dated July 21, 2003 (the "CLEO Charter"), WHEREAS, the CLEO Charter designated WVWDB as the fiscal agent to provide for management, administration, and accounting for all federal funds for Workforce Development Area III provided to the City of Roanoke as Grant Recipient, pursuant to the Workforce Innovation and Opportunity Act ("WIOA"), WHEREAS, the CLEO Charter was amended pursuant to Amendment No. 1 dated August 11, 2015, which, among other things, designated and substituted the Roanoke Valley -Alleghany Regional Commission ("Commission") as Fiscal Agent in place of the WVWDB, WHEREAS, the CLEO Consortium, the City of Roanoke, and the Commission entered into a Fiscal Agent Agreement dated August 17, 2015, as such Fiscal Agent Agreement was amended and restated by agreement dated August 15, 2016, to set forth the terms, conditions, and duties of the Commission governing its obligation to the City and the Member Jurisdictions as Fiscal Agent, WHEREAS, the Commission has continued to serve as Fiscal Agent for the WVWDB and the CLEO. WHEREAS, on April 14, 2020, the Commission announced it was discontinuing service as the fiscal agent for the Consortium and WVWDB effective December 31, 2020, thus necessitating a change in Fiscal Agents; WHEREAS, pursuant to Amendment No. 2 to the CLEO Charter dated , 2020, at the request of WVWDB, and specific authorization from the CLEO Consortium, WVWDB has been again designated the Fiscal Agent for the management, administration, and accounting of WIOA funding for the CLEO Consortium and for itself, and the parties desire to enter into this Memorandum of Understanding to govern the terms and conditions of WVWDB's duties as Fiscal Agent; and NOW, THEREFORE, based on the recitals set forth above, which recitals are a material part of this Agreement, and for other good and valuable consideration, the parties agree as follows: ARTICLE I PURPOSE This MOU is to document the relationship exclusively between the City, as Grant Recipient, and the WVWDB as Fiscal Agent, and outlining the resulting responsibilities of each entity with respect to WIOA funding for the CLEO Consortium for Workforce Area III. ARTICLE II OBLIGATIONS OF THE PARTIES A. Overview of Responsibilities: (1) Pursuant to the CLEO Charter Agreement, as amended, the City will serve as the designated Grant Recipient for receiving WIOA funding awarded to Workforce Area III. The City reserves the right to redirect WIOA funds in accordance with federal and state regulatory guidelines and in coordination with the CLEO Consortium. (2) Pursuant to the CLEO Charter Agreement, as amended, WVWDB will serve as Fiscal Agent responsible for administering WIOA funding awarded to Workforce Development Area III in accordance with federal and state regulatory guidelines. B. Delegation of Responsibilities to WVWDB and Other WVWDB Responsibilities: (1) Act as Fiscal Agent, in accordance with 20 C.F.R. 679.420, developing and administering the Adult, Dislocated Worker and Youth programs, and other workforce development services as agreed upon with the CLEO Consortium for Workforce Area III. (2) Maintain required financial and program records in accordance with the Workforce Innovation and Opportunity Act, the United States Office of Management and Budget circulars, and corresponding Federal Regulations and State policies. (3) Prepare and submit grant reimbursement requests in accordance with regulatory guidelines and in a timely manner. (4) Provide audited financial statements including an audited Schedule of Expenditures of Federal Awards ("SEFA") to the City by , , 2021. (5) Report SEFA amounts to the Federal Audit Clearinghouse in a timely manner. (6) Cooperate with City personnel and the City's auditors at all times, providing requested information and access to facilities, personnel, and records with advance notice, or same day notice, as circumstances allow. (7) Ensure compliance with all applicable WIOA requirements, including monitoring of sub - recipients, the results of which shall be made available to the City. 2 (8) Respond to audit findings and reimburse any questioned costs, penalties or fines arising from violations of WIOA rules and regulations. (9) Provide technical assistance to sub recipients regarding fiscal issues. C. The City's Responsibilities: (1) Monitors the WVWDB's compliance with federal and state regulatory guidelines applicable to WIOA funding. (2) Provides support and guidance to the WVWDB through its role on the CLEO Consortium for Workforce Investment Area III. ARTICLE III TERM The effective date of this MOU is January 1, 2021, and will continue through June 30, 2021. This MOU shall then be reviewed on an annual basis to incorporate any changes in legislation, personnel, policies or procedures. This MOU shall be automatically renewed for a one year period, without limitation, unless either party, or the CLEO Consortium, gives notice within 60 days prior to the annual termination date. ARTICLE IV MISCELLANEOUS Amendment. Any changes or amendments to this MOU, including to the responsibilities of each entity, must be agreed upon in advance by the City and WVWDB, and must be memorialized in writing and signed by both parties after consultation with the CLEO Consortium. Compliance with the Law. The parties agree to comply with all local, state and federal laws as the law currently exists, or may exist in the future, during the term of this Memorandum. Assignment. The provisions of this Memorandum are for the exclusive benefit of the parties and are not for the benefit of any third person, nor shall this Memorandum be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Memorandum. Severability. The invalidity, illegality, or unenforceability of any provision of this Memorandum as determined by a court of competent jurisdiction shall in no way affect the validity, legality, or enforceability of any other provision hereof. Governing Law. This Memorandum shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Venue. The parties hereto agree that in the event of any litigation arising out of the breach or performance of this contract, such litigation will be instituted in the Circuit Court for the City of Roanoke, Virginia. Drug-free Workplace. During the performance of this MOU, WVWDB shall: (1) provide a drug-free workplace for its employees; (2) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in its workplace and specifying the actions that will be taken against employees for violations of such prohibition; and (3) state in all solicitations or advertisements for employees placed by or on behalf of the WVWDB that maintains a drug-free workplace; Equal Employment Opportunity. During the performance of this MOU, WVWDB agrees as follows: (1) WVWDB will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of WVWDB. WVWDB agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (2) WVWDB, in all solicitations or advertisements for employees placed by or on behalf of WBWDB, will state that WVWDB is an equal opportunity employer. (3) Notices, advertisements, and solicitations placed in accordance with federal laws, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. Faith Based Organizations. Pursuant to Virginia Code § 2.2-4343.1, be advised that the City does not discriminate against faith -based organizations. Compliance with Laws and Regulations and Immigration. WVWDB agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to all applicable licensing requirements, environmental regulations, and OSHA regulations. WVWDB further agrees that WVWDB does not and shall not during the term of this MOU; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986. Entire Agreement. This Memorandum represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. Counterparts; Facsimile. This Memorandum may be executed in several counterparts, and all counterparts so executed shall constitute one agreement binding on all parties, notwithstanding the fact that all parties have not signed the original or the same counterpart. The facsimile signature of any party to this Memorandum or a PDF copy of the signature of any party to this Memorandum, whether delivered by e-mail, mail, or personal delivery, for purposes of execution, is to be .19 considered to have the same binding effect as the delivery of an original signature on an original document. (SIGNATURE PAGE TO FOLLOW) IN WITNESS WHEREOF, the parties by their duly authorized representative have caused this Memorandum to be executed. WESTERN VIRGINIA WORK FORCE DEVELOPMENT BOARD By: Morgan Romero Title: Executive Director WVWDB Date: Attest: CITY OF ROANOKE, VIRGINIA By: Robert S. Cowell, Jr. Title: _City Manaer Date: Attest: Approved as to Form: rol ACTION NO. ITEM NO. EA 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 15, 2020 Ordinance approving the acquisition of permanent and temporary easements on parcels owned by the Western Virginia Water Authority (Tax Map Numbers 4330301 Roanoke City and 070.11-01-09.00-0000 Roanoke County) for development of the Roanoke River Greenway Lindsay B. Webb Parks Planning and Development Manager Daniel R. O'Donnell County Administrator Ordinance approving the acquisition of permanent and temporary easements on parcels owned by the Western Virginia Water Authority (Tax Map Numbers 4330301 Roanoke City and 070.11-01-09.00-0000 Roanoke County) for development of the Roanoke River Greenway BACKGROUND: The Roanoke River Greenway is a regional bicycle and pedestrian trail developing through the Roanoke Valley, linking the Cities of Roanoke and Salem, the Town of Vinton, and Roanoke and Botetourt Counties. In 2018, the Roanoke Valley Greenway Commission made the Roanoke River Greenway its number one priority in the update to the Roanoke Valley Greenway Plan. For Roanoke County, this greenway is the primary non -motorized transportation facility linking the downtown urban area to the Blue Ridge Parkway, Explore Park, and Virginia's Blue Ridge. The 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identified the development of greenways and trails as a high priority desired by citizens in Roanoke County. DISCUSSION: Roanoke County is overseeing the design and construction of the Roanoke River Page 1 of 2 Greenway proposed between Roanoke City and Highland Road in the Vinton Magisterial District (VDOT UPC Number 91191). The greenway project is a Locally Administered Project with oversight from the Virginia Department of Transportation (VDOT). For federal -aid projects, VDOT is required by the U.S. Department of Transportation -Federal Highway Administration (FHWA) to certify local government compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act), as amended, found in Title 42 Chapter 61 of the United States Code and the implementing regulations found in 49 CFR Part 24. The greenway has been designed and engineered by Hurt & Proffitt, and it will be an 8- 10 foot wide shared use path that is proposed along the south side of the Roanoke River. Temporary and permanent easements are needed for the greenway proposed across two parcels owned by the Western Virginia Water Authority (WVWA), identified as Tax Map Number 4330301 located in Roanoke City at 1502 Brownlee Avenue SE and Tax Map Number 070.11-01-09.00-0000 located in Roanoke County at 0 Underhill Avenue. On July 16, 2020, the WVWA Board of Directors approved the donation and conveyance of the required temporary and permanent easements, as shown on the attached plat dated July 23, 2020 prepared by Hurt & Proffitt. The attached deed of easement has been signed by Michael T. McEvoy, WVWA Executive Director. FISCAL IMPACT: The WVWA is donating the temporary and permanent easements to Roanoke County. There are no costs associated with the acquisition of these easements. The project design and construction is funded with federal and state Transportation Alternatives (TA) and Regional Surface Transportation Program (RSTP) funding. The TA program provides eighty percent (80%) federal reimbursement of eligible project expenses and requires a minimum twenty percent (20%) local match; however, there is no local match required for the RSTP funding. The value of the donated temporary and permanent easements from the WVWA will count towards the 20% local match required for the project. Roanoke County will be responsible for the future maintenance of the greenway. STAFF RECOMMENDATION: Staff recommends approving the first reading of this ordinance and scheduling the second reading for the January 12, 2021 Board of Supervisors meeting. Page 2 of 2 01 t X W iO A1Nf10� 3NONtl021 Neo ooivo xddsztszssoros 63,°"",•,"':".41=1"�,�'�„��,„,s°�.ti„�;,, ° 6 6 (ALNnOO) 60-60-WOL !(All 0) 60£0££4:S1331wd XVI A ; 03NO3HO MINN Z695'Z95'OroS �.�3w.m.u.� 133HS �1OR11S0 lV a31$9UW NOINA a3AO S3O ! NMVHO 3MIJ 1019695'S9L'009 11I�7OHd 66068962 3NONV02J d0 ul� 1N3W3SV3 AVMN33H9 S3O 03N'JIS30 09062 tlA 'OJ}JN95NOV1H 'ONIN3wn000 lON�03?Jd AM N30i1V0 _ SNOiS1A3H M.33 ao : 31VO 1 00"311fiS'3 IbCl 11VNd ML � Ep�NE V\V0,0� EM 5 GOORyNPS C\� CF RCPNCKE aOPNCK� CDUN� Z 3 3 3 3 3 3 3 3 w 3 D = = U N Z \ JgM r3�Ov3 d U ci 11 0 U mmQ aaH 0 Z N N Z d a g 7 U a a L6 6v o _ W 8 8 6 U U V U U U U C\� CF RCPNCKE aOPNCK� CDUN� 1p w -i . ON IA z" D = 00 \ JgM r3�Ov3 d ci 11 aaH 0 Z N N Z d a g 7 U a a L6 6v W ~ Z OM 1p w -i . ON n? IA z" D = 00 \ JgM r3�Ov3 d ci 11 n? Prepared by: Rachel Lower, County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 Prepared by the Office of the Roanoke County Attorney Official Tax Map Nos. 4330301 (Roanoke City) and 070.11-01-09.00-0000 (Roanoke County) Property Owner: Western Virginia Water Authority THIS CONVEYANCE IS EXEMPT FROM RECORDATION TAXES AND FEES PURSUANT TO VIRGINIA CODE § 58.1-811(A)(3), § 58.1-811(C)(4), § 17.1-266, AND § 17.1-279(E) THIS DEED OF EASEMENT is entered into this day of 2020 by the WESTERN VIRGINIA WATER AUTHORITY, a water and sewer authority created pursuant to Chapter 51 of Title 15.2 of Code of Virginia (1950), as amended, (hereinafter referred to as the "Grantor"), and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, a political subdivision of the Commonwealth of Virginia, (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, the Roanoke River Greenway is a developing bicycle and pedestrian trail identified in the regionally approved 2018 Roanoke Valley Greenway Plan, adopted by the City of Roanoke, County of Roanoke, County of Botetourt, City of Salem, and Town of Vinton; WHEREAS, the 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identified the development of greenways and trails as a high priority desired by citizens in Roanoke County; WHEREAS, an easement is needed for the eastern section of the Roanoke River Greenway ("PUBLIC ACCESS TRAIL") across portions of the Grantor's properties designated as Roanoke City Tax Map No. 4330301 (1502 Brownlee Avenue SE) and Roanoke County Tax Map No. 070.11-01-09.00-0000 (0 Underhill Avenue), more particularly described on a plat titled "GREENWAY EASEMENT OVER TAX PARCELS: 4330301 (CITY); 70.11-01-09 (COUNTY)" prepared by Hurt & Proffitt on July 23, 2020, attached hereto as Exhibit A (herein referred to as the "Plat"); 1 of 10 Prepared by: Rachel Lower, County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 WHEREAS, Grantee has requested, and the Grantor has agreed to, the conveyance of a variable width, perpetual greenway easement over those parcels of land located in the City of Roanoke and the County of Roanoke (herein referred to as "Greenway Easement") to the Grantee for use as a PUBLIC ACCESS TRAIL; WHEREAS, Grantor has also agreed to the conveyance of certain other drainage and temporary construction easements to the Grantee; and WHEREAS, the Grantor's property subject to this easement functions as a regional wastewater pollution control plant (WPCP), providing wastewater treatment for the Roanoke Valley, including the City of Roanoke, City of Salem, Roanoke County, Botetourt County, and Town of Vinton, and, as such, provides critical environmental protection and is regulated by various federal and state agencies, whose regulatory requirements must be met and will take precedence over the public's use of this Greenway Easement, should the two ever be in conflict. NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby GRANTS and CONVEYS with Special Warranty unto the Grantee, its successor and assigns, the following described easements, in the City of Roanoke, Virginia and the County of Roanoke, Virginia to wit: A PERPETUAL VARIABLE WIDTH GREENWAY EASEMENT, herein referred to as "Greenway Easement", consisting of 4,571 square feet (0.105 acres), more or less, to construct, improve, operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL upon, over, through, and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke City, Virginia (Instrument Number 040011051) and designated on the Roanoke City Land Records as Tax Map No. 4330301 (1502 Brownlee Avenue SE). The location of said easement shall be within the area as 2of10 Prepared by: Rachel Lower, County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 shown upon the plat dated July 23, 2020 prepared by Hurt & Proffitt (the "Plat"), said Plat being attached as Exhibit A and to be recorded in the Roanoke City Clerk's Office with this deed. A PERPETUAL VARIABLE WIDTH GREENWAY EASEMENT, herein referred to as "Greenway Easement", consisting of 17,171 square feet (0.394 acres), more or less, to construct, improve, operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL upon, over, through, and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 200707160) and designated on the Roanoke County Land Records as Tax Map No. 070.11-01- 09.00-0000 (0 Underhill Road). The location of said easement shall be within the area as shown upon the plat dated July 23, 2020 prepared by Hurt & Proffitt (the "Plat"), said Plat being attached as Exhibit A and to be recorded in the Roanoke County Clerk's Office with this deed. Together with a DRAINAGE EASEMENT containing 310 square feet (0.007 acres), more or less, as shown on the Plat, through and across the tracts or parcels of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 200707160) and designated on the Roanoke County Land Records as Tax Map No. 070.11-01- 09.00-0000 (0 Underhill Road). The location of said easement shall be within the area as shown upon the Plat. Together with a TEMPORARY TRAIL CONSTRUCTION EASEMENT containing 19,068 square feet (0.438 acres) collectively, more or less, as shown on the aforesaid Plat, through and across the tracts or parcels of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke City, Virginia (Instrument Number 040011051) and designated on the Roanoke City Land Records as Tax Map No. 4330301 (1502 Brownlee Avenue SE). The location of said easement shall be within those areas as shown upon the Plat. The Temporary Trail Construction Easement shall automatically expire upon completion of construction or substantial completion of construction. The Grantor agrees that the Grantee will not be expected to restore the property to the identical original condition, but rather as near as is practicable to its condition at the time the easement was granted and that the Grantor will cooperate with the Grantee in effectuating such restoration. Together with a TEMPORARY TRAIL CONSTRUCTION EASEMENT containing 20,716 square feet (0.475 acres) collectively, more or less, as shown on the aforesaid Plat, through and across the tracts or parcels of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 200707160) and designated on the Roanoke County Land Records as Tax Map No. 070.11-01-09.00-0000 (0 Underhill Road). 3of10 Prepared by: Rachel Lower, County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 The location of said easement shall be within the area as shown upon the Plat. The Temporary Trail Construction Easement shall automatically expire upon completion of construction or substantial completion of construction. The Grantor agrees that the Grantee will not be expected to restore the property to the identical original condition, but rather as near as is practicable to its condition at the time the easement was granted and that the Grantor will cooperate with the Grantee in effectuating such restoration. Said PERPETUAL VARIABLE WIDTH GREENWAY EASEMENTS shall be subject to the terms and conditions stated below. 1. The Grantor hereby grants to the Grantee and the general public free access to and use of the Public Access Trail within the Greenway Easements, subject to the laws and ordinances of Roanoke County and the City of Roanoke and the requirements of the Grantor's WPCP, for the purposes including but not limited to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. 2. There shall be no access by the Grantee or the public at -large granted by these Greenway Easements to any property of the Grantor other than the Greenway Easements and Public Access Trail described and conveyed herein on Exhibit A. The general public shall have no right to construct or improve any portion of the Greenway Easements and Public Access Trail. 3. Public access with any type of motor vehicle, including but not limited to motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and snowmobiles, shall be prohibited except for construction, inspection, responding to emergency calls, maintenance, or reconstruction of the Public Access Trail within the Greenway Easement area by the Grantee or to the extent such vehicles are necessary for accessibility under the Americans with Disabilities Act. 4of10 Prepared by: Rachel Lower, County Attorney (VSB 988094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 4. There shall be no dumping of ashes, garbage, waste, brush or other unsightly, offensive, or hazardous material on the Greenway Easements or Public Access Trail by the Grantor or Grantee, nor their agents, invitees, licensees or members of the public. 5. The Grantee may erect within the Greenway Easements markers, kiosks, litter receptacles, vehicle control barriers, benches, bridges, signage, fences, and gates, as deemed necessary for preservation of the Greenway Easements, use of the Public Access Trail, and safety of the Public Access Trail users. 6. There shall be no removal, destruction, or cutting of trees within the Greenway Easements, except as may be performed by the Grantee or its agents for construction or maintenance of the Public Access Trail, reduction of hazard, flood control, good husbandry practice, or prevention or treatment of disease. Grantee shall not remove, destroy, or cut trees located outside the Greenway Easements, except to the extent that cutting is necessary to remove that portion of a tree that intrudes into the Greenway Easements. 7. Grantee agrees to be responsible for any regulatory storm water requirements which result from the trail -related improvements and to design, construct and maintain adequate storm water structures and controls within the Greenway Easements to prevent ponding of runoff or erosion on Grantor's Property. 8. The Grantee shall pay any storm water management fee imposed by any local, state, or federal agency for the area within the Greenway Easements. 9. The Grantee and its agents shall have the right to inspect the Greenway Easements and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within 5of10 Prepared by: Rachel Lower, County Attorney (VSB 988094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 or upon the easements that in any way endanger or interfere with the proper use of the same. 10. The Grantee shall have the right and duty to ensure maintenance of the Public Access Trail and the Greenway Easements for as long as it holds the easement rights hereunder. The Grantor shall have no maintenance responsibility of the Public Access Trail within the Greenway Easements. 11. The Grantor shall not erect any building, fence, sign, guardrail, or other above -grade structure within the Greenway Easements so as to render the Greenway Easements inaccessible, except that fences and gates, at grade crossings, and overhead and underground utilities may be erected and/or maintained by the Grantor as needed to operate the water distribution and sewer collection systems and the WPCP. Grantor agrees to coordinate such future improvements and maintenance with the Grantee. 12. The Grantor shall be entitled to excavate, fill, or construct within the Greenway Easements those items that are reasonably related to Grantor's operations, as needed for ongoing operation of the WPCP, subject to the condition that Grantor shall be responsible for restoration of the Public Access Trail and other improvements as near to its existing condition as practicable, and that Grantor shall be responsible for all costs associated therewith. The time period for completing work within the Greenway Easements that causes disruption to the use of the Public Access Trail shall be coordinated with the Grantee. Grantor agrees to make reasonable effort to minimize the frequency and duration of such work within the Greenway Easements. 6of10 Prepared by: Rachel Lower, County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 13. The Greenway Easements shall allow for the encroachment by future overhead and/or underground easements for utilities at the sole discretion of the Grantor. Future utility improvements within the Greenway Easements or crossing the Public Access Trail must be reviewed by the Grantee and designed in coordination with the Grantee to minimize impact on use of the Greenway Easements and to ensure safety for Public Access Trail users. 14. The Grantee agrees that the Greenway Easements shall not be open to the public until such time as construction of the Public Access Trail is completed. 15. The Grantee agrees to defend, indemnify, and hold harmless Grantor from and against any and all claims, demands, actions, damages, losses, and liabilities to the extent permitted by the law and without waiving any claim of sovereign immunity. However, the Grantor shall not be held harmless from liability caused by the active conduct or intentional acts of the Grantor, its agents, invitees, or contractors which violate the terms and conditions of this Deed of Easement. 16. The Greenway Easements herein conveyed shall be appurtenant to the Grantor's lands over which they run and shall convey to the Grantee the perpetual right to install and maintain improvements, the right to go on, over and upon the said Greenway Easements for the purposes of installing, maintaining, repairing and replacing the improvements necessary for the Public Access Trail. 17. The covenants agreed to and the terms, conditions, and restrictions imposed herein shall be binding upon the Grantor and its agents, heirs, and assigns and shall continue as a servitude running in perpetuity with the described land. The Grantor agrees that the 7of10 Prepared by: Rachel Lower, County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 terms, conditions, and restrictions of these Greenway Easements will be inserted by it in any subsequent deed or other legal instrument by which it divests itself of either the fee simple title to, or of its possessory interest in, the subject property. 18. Should the Grantee or its assigns or successors -in -interest cease to develop, operate, or maintain the Public Access Trail, the Grantor may request that the Greenway Easements be vacated. Grantee or its assigns or successors -in -interest shall not unreasonably withhold approval of such request. 19. These Greenway Easements are subject to all covenants, conditions, restrictions, and other easements of record insofar as they may affect these Greenway Easements. 20. The recitations in the introductory clauses to this Deed of Easement introduced by the word "Whereas" are incorporated herein as substantive provisions of this Deed of Easement and will be binding on the parties. 21. The Grantor acknowledges the right to receive just compensation and the right to request an appraisal for the property herein conveyed, and hereby waives those rights. WITNESS the following signature and seal: SIGNATURES TO FOLLOW: 8of10 Prepared by: Rachel Lower, County Attorney (VSB 488094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 GRANTEE: THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Name/Title: executes this instrument on behalf of the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. by said Board of Supervisors on COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to -wit: The foregoing instrument was acknowledged before me this day of 2020, by (SEAL) Approved as to Form: Roanoke County Attorney's Office Notary Public Signature My commission expires: Registration No.: adopted 10 of 10 Prepared by: Rachel Lower, County Attorney (VSB 988094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE GRANTOR: WESTERN VIRGINIA WATER AUTHORITY By: Name/Title: /Ki l'!✓ �5. r to -wit: The foregoing instrument was acknowledged before me this A 2020, by C,IU I I i GAYLE DEANNA SHREWSBURY NOTARY PUBLIC commonwealth of Virginia Registration No. 7622597 My Commission Expires 9130/2022 (SEAL) day of ArJR bp-CL'u Notary P lic Signature My commission expires: q /30 L'aoav Registration No.: 7 & vC a 5 91 -1 9of10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2020 ORDINANCE AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS ON PARCELS OWNED BY THE WESTERN VIRGINIA WATER AUTHORITY (ROANOKE CITY TAX MAP NUMBER 4330301, ROANOKE COUNTY TAX MAP NUMBER 070.11-01-09.00- 0000) FOR DEVELOPMENT OF THE ROANOKE RIVER GREENWAY WHEREAS, the Roanoke River Greenway is a regional bicycle and pedestrian trail developing through the Roanoke Valley, linking the Cities of Roanoke and Salem, the Town of Vinton, and Roanoke and Botetourt Counties; and WHEREAS, in 2018 the Roanoke Valley Greenway Commission made the Roanoke River Greenway its number one priority in the update to the Roanoke Valley Greenway Plan; and WHEREAS, Roanoke County is overseeing the design and construction of the Roanoke River Greenway proposed between Roanoke City and Highland Road in the Vinton Magisterial District; and WHEREAS, temporary and permanent easements are needed for the greenway proposed across two parcels owned by the Western Virginia Water Authority (WVWA), identified as Tax Map Number 4330301 located in Roanoke City at 1502 Brownlee Avenue SE and Tax Map Number 070.00-01-09.00-0000 located in Roanoke County at 0 Underhill Avenue; and WHEREAS, on July 16, 2020, the WVWA Board of Directors approved the donation and conveyance of the required temporary and permanent easements to Roanoke County for design and construction of the Roanoke River Greenway; and Page 1 of 2 WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on December 15, 2020, and the second reading was held on January 12, 2021. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of permanent and temporary easements on parcels owned by the Western Virginia Water Authority (Roanoke City Tax Map Number 4330301, Roanoke County Tax Map Number 070.11-01-09.00-0000) as shown on the attached plat labelled "Greenway Easement Over Tax Parcels: 4330301 (CITY); 70.11-01-09 (COUNTY)" is hereby authorized and approved. 2. That the County Administrator is authorized to execute, deliver and record the deed, and any other documents on behalf of the County and to take such further actions as he may deem necessary or desirable in connection with this project. The form of the proposed deed is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective from and after the date of its adoption. 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 15, 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 second reading and adoption of the ordinance. Page 2 of 2 North Market �- �Village I r\ Proposed Permanent Drainage Easement Williamson Road Sidewalk Project Permanent Drainage Easement Location oger r Proposed Sidewalk Project Board of Supervisors Parcel 027.14-02-18.00 Deer Branch November 2020 'AAA N 0 62.5125 250 375 500 N COOUYVA L IX I L 3lVOS 0£ :6MP'1Vld SOZ9 L IS / WO20:6 - OZOZ '9L -N / JOlaysJ 112 0 I Zo n ro ci OQ 3 rn Z N c.7 � OHO O o U- U O of O I = I N of L�jO O cr W ¢ I J 0� O c\\ ak a lam, uj W Z Q= U '^ M O CJ m or p�W� J W W NO J N I z U5 CD o N o I �QmCD��ZO W w o z o \ ZZD- ¢p�--)Y co Z cSn `47 ` m � � Q < W\ I C) O mx0 o v=�� I O Q� w to \\ 111 U Z p . 04 I a� O 0 3\ G iii; En I W �0 \\ / ywv\ \ X I jn '�+ m // ✓�\ 00 r7 a Z r M \ I 17�Y. j� • � y� • W 00 m \to Z \ Lf)In N C3) \ d,� • _ • W N J o \ • • m \cn° Z M z z d w r 110 p X w o z ZN W O U O I 3 o) W Z — W Of O¢ 1\ M 00 m z o Cof U Zm 0CD a NNOCV I O O O N � rn d O O U d Z tvcL ¢¢ d (n Z 3 Q r O O I+JI Ur W C \ O O Z Q S ffO�n 3 p \\ I O N W o °^° CL o 5 w O M \ I o 0 0 oa d Z - Zd- Om an W ~z ci I rn � m wU) Z o elf _� 01 oNo d�++� 0 Z r� w �0O�� mw w �aUN w w w oowzx o��<< U "rz 109 =Ng0J wNw� vwiW w O U Z� I o =J 3�moo cn Oin Oa' O�¢ C I U W O O r C D w��oroUP W <o vNi uNi C> O O r W "ow Z �,Qa. �'n Gi w tn�z3�n¢mo= <- < ¢ U mNzowKw a owr o�Ly�JO I r=x Worwwmi 6zd I N 3zz pCs� rn�WO r =3o a x � °- W r¢NoMUMmw www m o O w I NwI�}� w� a w r wW o w F ��p�w w"¢O N� cdnWZ �O Zp aW zo 06, C-) w I00 I�0 108 ¢r�Z¢_¢mON�N �U30wN 30cj)w W m w5 �rngg=��w�o � cL CL CL N LL ° �� o Wz www � a W�wwo�roo1��wZtnc¢w&N = -- O c elf m OwOd00 \3o I dd JNJ LnJJZ ¢q 2 W W 2 7 I =MD :ME OQ�O�O1g9�4�o�r 0 �a?�iimz� C�>vZUww?=0�60 to I = W N O w UCL fn fnU 1>�� r0 OF 6CLZ �?d Z WTc d H m M W O dCL 9 -: N 17 4 L6 ID 1�z 00 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 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 Page 1 of 2 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 - 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 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 La 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: 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 15, 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. There have been no changes made to this agenda item since the first reading held on Page 5 of 6 December 1, 2020. 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 this ordinance. Page 6 of 6 4 <Parcel x o ,. 71. .� F. a a. — r i I - r 1_ < Blue Ridge Park uay�isitors' Center , I r Parcel 6> e 511J N Legend 0 900 1,800 3,600 5,400 W E a Explore Park Forest Preservation' Feet S ROANOKE Forest CORE Fund: Forest and Community Opportunities for Restoration and Enhancement Drawn by: WWilcox Document Name: 20181031-VOF-CORE 2018 Grant Round - Mountain Valley Region Date: 10/28/2018 Park Forest -Pres Topography Map 00#104-e q�o <Parcel E Ar ke�,� Parcel D> �erA (2 parts) Mayes/VRFA Pa < Blue Rid,geforkw`ay-Visito Parcel A Cre Legend 20ft Contours' i N a Explore Park Forest Preservation 0 900 1,800 3,600 5,400 W E Existing Parklands J Feet g ,�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. 1 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. 3 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 15, 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. 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: APPROVED BY: ISSUE: December 15, 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 15, 2020 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H- 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 15,2020, designated as Item H - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Item 1 as follows.. 1. Confirmation of appointment to the Grievance Panel Page 1 of 1 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 15, 2020 Confirmation of appointment to the Grievance Panel Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Daniel R. O'Donnell County Administrator Confirmation of appointment to the Grievance Panel BACKGROUND: Staff has recommended the appointment of Carolyn Glover to a three-year term to expire December 15, 2023. DISCUSSION: It is the consensus of the Board to confirm this appointment. FISCAL IMPACT: There is no fiscal impact associated with this Board Report. STAFF RECOMMENDATION: Staff recommends confirmation of this appointment Page 1 of 1 O 00 lD 5 N rl M O N O m 1n O N 00 lD L!1 r -I d Ln m w m 00 ri i MLA � rl O O u ' O O ON G1 Ln b0 M O C m *' C O U � o 41 O O C N 41 rl o � w C1 C1 Ln aiLn 00 00 41 O G1 N N i u M M O. C l0 W O 2 M M `p, m N N O r0 c D in u U v O Q '7 aJ O 5 5 a+ N NO O O O Q m N N N w j N N OO i w w u y O O 0 p ai U 4! W C C C U U C C p "C m (6 C 01Cl p O Oup0 n OO .__..__. N ai O O b.0 N N � ri ri O N C N N 4J NO O O Q O G p N O O L 0 L L m N p 41 OlQj u i vi 0J u m o v o m °; Q1 ai c _ E2 m M O H .L a a a s m Q 0] O O N 4! O ua au O L Q Q It Q a s a a m ¢ 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 15, 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 Audited 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 15, 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. 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ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 2020 AGENDA ITEM: Accounts Paid - November 2020 SUBMITTED BY: Laurie L. Gearheart Director of Finance and Management Services APPROVED BY: Daniel R. O'Donnell County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ - $ - $ 9,910,070.71 Payroll 11/13/20 1,495,896.66 11,547.81 1,507,444.47 Payroll 11/25/20 1,643,286.47 61,684.79 1,704,971.26 Manual Checks - 603.09 603.09 Grand Total $ 13,123,089.53 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. 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 15, 2020 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 30 -Nov -20 SUMMARY OF INFORMATION: CASHINVESTMENT: SUNTRUST CON 28,443,784.19 28,443,784.19 GOVERNMENT: SCOTT STRINGFELLOW CONTRA 3,844.00 SCOTT STRINGFELLOW 40,002,061.36 WELLS FARGO 0.00 WELLS FARGO CONTRA 0.00 40,005,905.36 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION 25,790,401.06 25,790,401.06 MONEY MARKET: ATLANTIC UNION BANK 2,039,758.85 HOMETRUST BANK 2,025,337.65 SCOTT STRINGFELLOW 12,373,037.50 WELLS FARGO 5,287,760.00 21,725,894.00 TOTAL 115, 965, 984.61 12/15/2020 ACTION NO. ITEM NO. K.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 15, 2020 Work session to review with the Board of Supervisors the budgets for the allocations of CARES Act funding Laurie Gearheart Director of Finance and Management Services Daniel R. O'Donnell County Administrator This time has been set aside to review the budgets for the allocations of the CARES Act funding BACKGROUND: The County of Roanoke received two allocations of $8,217,365 each from the Commonwealth of Virginia as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. DISCUSSION: This work session will provide additional detailed information to the Board of Supervisors on the budgets developed for the allocations of CARES Act funding. 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 budgets developed for the allocations of the CARES Act funding. 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K.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 15, 2020 Work session to provide an overview of Fire and Rescue operations and the deployment of SAFER Grant staff with the Board of Supervisors Stephen G. Simon Chief of Fire and Rescue Daniel R. O'Donnell County Administrator This time has been set aside to provide an overview of Fire and Rescue operations and the deployent of SAFER Grant Staff with the Board of Supervisors. 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NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Page 1 of 1 ACTION NO. ITEM NO. N.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: December 15, 2020 Resolution adopting a Legislative Program for the 2021 session of the Virginia General Assembly and petitioning the General Assembly to favorably consider the topics and issues addressed herein Peter S. Lubeck County Attorney APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Eldon James and Sue Rowland (operating as Eldon James and Associates, Inc.) will review the results of the County's legislative proposals of the 2020 session of the Virginia General Assembly and discuss potential priorities for the 2021 session. BACKGROUND: Each year, the Roanoke County Board of Supervisors adopts a formal agenda of legislative issues for the upcoming General Assembly Session. That process begins with a review of the past year's session, followed by staff development of potential legislative issues over the summer months to be addressed during the upcoming General Assembly session. Draft legislation issues are developed in conjunction with our legislative liaison, citizens who provide input, regional group dialogues and discussions with local legislators. Members of the Board of Supervisors are also requested to provide input into the draft legislative agenda. Development of the legislative agenda culminates with a presentation to the Board of Supervisors, and a request for the Board for formal adoption of the agenda. Subsequent to the adoption of the County's legislative agenda, staff works with Board Members, our local legislative delegation and our legislative liaison to promote interests of the County. Page 1 of 2 FISCAL IMPACT: There is no impact asociated with the development of the legislative agenda. STAFF RECOMMENDATION: Staff recommends the adoption of the draft 2021 legislative agenda. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 15, 2020 RESOLUTION ADOPTING A LEGISLATIVE PROGRAM FOR THE 2021 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE PRIORITIES AND POSITIONS ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of local and statewide concern to be considered by the 2021 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2021 session of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following priorities and positions are submitted as its Legislative Program for the 2020 session of the Virginia General Assembly, for its favorable consideration and adoption. PPI(1PITIPQ 1. Children's Services Act a. The County supports enhancing the ability of local school divisions to serve children with disabilities in their neighborhood schools, to include flexibility in use of state pool funds to serve children with special needs in local or regional programs tailored to meet those needs, and additional support for special education wraparound services to help support children in their communities. Page 1 of 3 b. The County supports legislation to allow public schools to establish and fund special education programs (and related services) within public schools. c. In the alternative, the County requests that the Department of Education develop a pilot program, in certain local school divisions, allowing a process for redirecting federal, state and local funds (including CSA funds), for the purpose of providing services currently offered in a private day setting in the public school setting. 2. Broadband Expansion a. The County urges the Commonwealth to provide adequate funding assistance to counties to build the necessary telecommunications infrastructure to deploy universal affordable access to the internet for all areas, particularly in underserved rural areas. b. The County supports legislation that provides additional tools for counties to finance, build and operate open access networks in partnership with commercial internet service providers. c. The County encourages the Commonwealth to increase funding for grants provided through the 2021 Virginia Telecommunications Initiative (VATI), and supports allowing municipal broadband authorities to apply for VATI grants without a private sector partner. 3. Education K-12 Funding a. The County urges the General Assembly to provide hold -harmless funding for Sales Tax distributions to local school divisions and Direct Aid payment Page 2 of 3 amounts based on average daily membership until the main impacts of COVID-19 on both sources of funding cease. 4. Recordation Tax Distribution to Localities a. The County supports the restoration of state recordation tax revenues distributed to counties and cities for use of transportation or public education purposes. POSITIONS A. Qualified Immunity and Sovereign Immunity a. The County opposes any substantive change in local governments' present defenses of qualified immunity and sovereign immunity. B. Workers' Compensation Presumptions a. The County opposes any effort to expand workers' compensation presumptive illnesses eligibility for public employees that are not done in concert with additional state funding assistance to local governments to offset additional insurance liabilities. b. The County opposes the creation of presumptions that would entitle certain categories of employees to workers' compensation benefits for any injury, death, or disability that they suffer as a result of exposure to COVID-19. C. Transportation a. The County supports changes to simplify the Smart Scale process for allocating transportation funds to reduce time and costs to prepare and review applications. Page 3 of 3 wQ F -Z Qw V N(D W Z J O CN N N 0 NW N O U 6 Z J Z O o N rn Z O U rI z a� � N m � I Z Q Q N J � > �w 0 OU CC ro- U O .. 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ITEM NO. 0.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: December 15, 2020 The petition of Michael H. Fielder to rezone approximately 9.03 acres from AG -1, Agricultural/Rural Low Density, District to 1-1, Low Intensity Industrial, District, located at 4053 Aerospace Road, Vinton Magisterial District Philip Thompson Director of Planning Daniel R. O'Donnell County Administrator Agenda item for public hearing and second reading of ordinance to rezone property from agricultural to industrial. BACKGROUND: If the rezoning is approved, the applicant will operate a small plumbing company out of the existing facility (general office use). General office is defined as the "use of a site for business, professional, or administrative offices, excluding medical offices" in the County's Zoning Ordinance. General office is not a permitted use in the AG -1 (Agricultural/Rural Low Density) zoning district but is allowed in the 1-1 (Low Intensity Industrial) zoning district. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel as Conservation. The proposed rezoning is not consistent with the Conservation land use designation; however, the facility is existing and the property was previously split zoned 1-1, Low Intensity Industrial, and AG -1, Agricultural/Rural Low Density, for over forty years. Page 1 of 2 DISCUSSION: The Planning Commission held a public hearing on this request on November 30, 2020. No citizens spoke during the public hearing and no comments were received (by phone or by email) during the 10 -minute recess period. Mr. Fielder explained the steep topography of the site and noted that the previous owners were not able to build a new home on the property due multiple issues associated with the steep topography. The existing building on the property that would be used for the business is not visible from the surrounding roads. Mr. Fielder stated that the property was previously zoned 1-1 and that zoning designation works for his intentions. The Planning Commission discussed several issues with staff and the applicant including: if AV zoning allowed the applicant to operate their desired uses on the property by right (yes); if AV zoning would be more consistent with the Roanoke County Comprehensive Plan future land use designation of Conservation (it would be more consistent than 1-1 zoning); the conflict between 1-1 and the future land use designation; the previous 1-1 zoning on the property; the proposed use (small trade businesses) would be a good fit for the property; reviewed permitted uses in both 1-1 and AV zoning districts; and a discussion about consistency due to another proposed industrial zoning next month in the same area. Mr. Fielder stated that AV would meet the purpose of what he wanted to do with the property; however, he believes that the 1-1 zoning would be better in allowing more uses for the property. The Planning Commission recommends approval of the rezoning request from AG -1 (Agricultural/Rural Low Density) District to 1-1 (Low Intensity Industrial) District. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board approve the second reading of the ordinance to rezone approximately 9.03 acres from AG -1 (Agricultural/Rural Low Density) District to AV (Agricultural/Village Center) District. Page 2 of 2 STAFF REPORT Petitioner: Michael H. Fielder Request: Rezone approximately 9.03 acres from AG -1, Agricultural/Rural Low Density, District to 1-1, Low Intensity Industrial, District Location: 4053 Aerospace Road Magisterial District: Vinton Proffered Conditions: None EXECUTIVE SUMMARY: Michael H. Fielder is petitioning to rezone approximately 9.03 acres from AG -1, Agricultural/Rural Low Density, District to 1-1, Low Intensity Industrial, District, located at 4053 Aerospace Road, Vinton Magisterial District. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel as Conservation. Conservation is a future land use area of particular environmental sensitivity due to topography, existence of unique land characteristics, conservation/open space/greenway easements, soil types or location with respect to other State or Federally preserved lands. Typical resources would include wetlands, ridgelines, mountainsides, scenic views from the Blue Ridge Parkway and Appalachian Trail, identified greenway corridors, productive agricultural lands, historical and cultural resources and threatened or endangered species habitats. The proposed general office use is not consistent with the Conservation land use designation; however, the property has an existing building that was previously used for an 1-1 use and the property was previously partially zoned 1-1, Low Intensity Industrial, for over forty years. APPLICABLE REGULATIONS Section 30-29-4 defines general office as the "use of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, travel, or other business offices; organization and association offices; or law, architectural, engineering, accounting or other professional offices." A general office use is a use allowed by right in 1-1 zoning district. There are no use and design standards for general office in an 1-1 zoning district; however, there is one use and design standard for properties zoned AV (Agricultural/Village Center District) and NC (Neighborhood Commercial District) as follows: "In the AV and NC districts, when a general office use adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type." 2. ANALYSIS OF EXISTING CONDITIONS Background — The property was rezoned from A-1, Agricultural District to M-1, Light Industrial District in October of 1978, for an insulation business. After the rezoning was approved, the building was constructed on the property. In 2018, this parcel was rezoned by the Board of Supervisors. The parcel was previously split zoned I-1, Low Intensity Industrial, and AG -1, Agricultural/ Rural Low Density, for over forty years and was operated by an insulation company. In 2018, the property was purchased by Michael Sanctuary and Dezaray Allaire and these owners applied to rezone the property to become entirely AG -1 with the intent of building a single family residence. This residence was not constructed. Mr. Fielder purchased the property to rezone it back to I-1 (Low Intensity Industrial). Topography/Vegetation — The 9.03 acre property is almost entirely wooded with a gravel driveway from Aerospace Road that leads to an existing metal building in the middle of the property. There is a significant increase in elevation from Aerospace Road to the rear of the parcel that abuts Jae Valley Road. This increase is approximately 240 feet from the lowest to the highest point on the property. The existing building is not visible from Aerospace Road due to the vegetation and elevation increase. Surrounding Neighborhood — The subject property is surrounded to the north, east, south, and northeast by properties zoned AG -1, Agricultural/Rural Low Density. The property also adjoins an 1-1, Low Intensity Industrial, property to the south west. Adjacent to this property on Aerospace Road, there are two parcels that total approximately 109 acres of 1-2, High Intensity Industrial, zoning designations. Additionally, there are two parcels totaling approximately 12 acres to the south of this property zoned 1-2, High Intensity Industrial, and 1-2C, High Intensity Industrial with Conditions. Adjacent land uses are either vacant or residential. Located at the end of Aerospace Road are industrial use types: Aerospace Testing Corporation (4303 Aerospace Road) and Kent's Insulating (5454 Aerospace Road). ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture — There are no immediate future development plans associated with this property. If approved, the applicant will operate a small plumbing company out of the existing facility. There are currently six employees associated with the plumbing company, and the existing building will be used for storage and as a meeting location. There will be no retail or customer visits to this site. Access/Traffic Circulation — There is currently one entrance off of Aerospace Road. This is a gravel road and is gated. Although the property does have frontage on Jae Valley Road, there is no entrance existing or proposed off of Jae Valley Road. encies Comments: The following agencies provided comments on this application: Office of Building Safety — All construction shall meet the requirements of the current Virginia Uniform Statewide Building Code. Roanoke County Transportation — No concerns. Economic Development — Economic Development supports the rezoning from AG -1 to 1-1 Industrial. Fire and Rescue — No objections. However, if a building code change of use or new construction occurs, then current fire flow and access requirements would apply. Solid Waste — We would provide trash collection at this location, as long as the volume does not exceed our allowed capacity. We provide one 95 gallon container and they can purchase up to two more. If the capacity exceeds those three containers, they must procure private dumpster service. Businesses are only allowed to place bagged office type trash in the containers. We do not provide bulk/brush service to commercial customers. The containers would have to be down to Aerospace Road for our collection. 2 Stormwater — No concerns. WVWA - WVWA does not currently have any water or sewer available to this property or any current plans to do so. VDOT —1. A Land Use Permit will be required if a new entrance is needed from the VDOT right-of-way or for the change in use of an existing entrance. 2. The VDOT Road Design Manual, Appendix F: Access Management Design Standards for Entrances and Intersections must be adhered to where applicable for commercial entrances. This includes but is not limited to commercial entrance spacing and intersection sight distance. The intersection sight distance must be field verified and measures taken to ensure the minimum required distances can be met. 3. The department will not issue an approval of the plans or any necessary Land Use Permits until the locality approves this request. In addition, information regarding any changes to the existing drainage system should also be included for review. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel as Conservation. Conservation is a future land use area of particular environmental sensitivity due to topography, existence of unique land characteristics, conservation/open space/greenway easements, soil types or location with respect to other State or Federally preserved lands. Typical resources would include wetlands, ridgelines, mountainsides, scenic views from the Blue Ridge Parkway and Appalachian Trail, identified greenway corridors, productive agricultural lands, historical and cultural resources and threatened or endangered species habitats. The proposed rezoning is not consistent with the Conservation Future Land Use Designation. STAFF CONCLUSIONS Michael H. Fielder is petitioning to rezone approximately 9.03 acres from AG -1, Agricultural/Rural Low Density, District to 1-1, Low Intensity Industrial, District, located at 4053 Aerospace Road, Vinton Magisterial District. If approved, the applicant will operate a small plumbing company out of the existing facility. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel as Conservation. The proposed general office use is not consistent with the Conservation land use designation; however, the facility is existing and the property was previously split zoned 1-1, Low Intensity Industrial, and AG -1, Agricultural/Rural Low Density, for over forty years. A rezoning to AV may be more appropriate. CASE NUMBER: # 8-1212020 PREPARED BY: Alyssa Dunbar HEARING DATES: PC: November 30, 2020 BOS: December 15, 2020 ATTACHMENTS: Application Materials Maps (Aerial, Zoning, Future Land Use) AG -1 District Regulations 1-1 District Regulations Conservation Land Use Designation O N 5204 Bernard Drive g P O Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 County of Roanoke Community Development Datereceived:a Planning & Zoning + For Staff Use Received Applicatjontfge; i.3' �01 PC I e 17 ^, l a .I M0 NJ Placards issued: BOS date- /a/ ate j I CaseNumhr.,t o Q S „. Check type of application filed (check all that apply) Rezoning ❑ Special Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review Applicants name/address w/zip Phone: 14 (-, eA &-�";- Work: V 3-- Cell #: --5-ypouo,f Fax No.: Owner's name/address w/zip Phone If: -rvo -s eo O o oe /)1, a. a-( -H 'C'� e l-D� 4 Work: e 14s0 r VI"' ..'p-�- Fax No.#: - J�wd�C Property Location � Magisterial District: ,t � C}� VV,S-3 R &A,) s�� � � l� Community Planning area: A a a" 4 t� c !/',I d y o i y Tax Map No.: o G o Existing Zoning: ~~ Size of parcel(s): Acre, Existing Land Use: all REZONING, SPECL4L USE PERMIT, WAIFERAlUD COMPPLAIV (1sa zz3z) RET�EW APPLICANTS (R/SIWICP) . Proposed Zoning:— Proposed Land Use: DoRs the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No 11 IF NO, A VARIANCE IS 11EQUIRED FIRST (Rezoning). Doe c parcel meet the minimum criteria for the requested Use `type in Article N (Special Use Permit)? Ycs y \ No ❑ Ili NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ❑ No ❑ ANCE, WAIVERAIM;4DMINIS , IYE APPEAL APPLICANTS Variance/Waiver tion(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decl Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RIS1 ICP V/AA /WXP VIA A R1S1W/ V/AA Consultation $ 112” x 11" concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification Kk Water and sewer application Adjoining property owners I hereby certify that I am cithor the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent f the owner. A" / 67 ' �" . Owner's Signature 0) Section I In 1978 Roanoke County zoned the property identified as 4053 Aerospace Rd. as an 1-1. The property had other 1-1 zoned properties abutting and in close proximity to this parcel. The property was used for many years as Kent's Insulation Company. In 2018, the property was purchased with the intent to build a residential home„on the property. The new owners were successful in having the property rezoned as AG -1 in order to accommodate the residential construction. After several obstacles were encountered in the construction effort, the project was abandoned and the property was sold. The ease of access, the secluded site of the existing building and abutting 1-1 properties makes this property an ideal candidate for reversion to it's former zoning designation. Section II Of the 9 acres that comprise this tract of land, approximately 8 acres have such steep grades as to render those acres not suitable for any potential use. Additionally, this acreage affords a natural buffer between the property and the existing community. The one acre portion of this property that has been previously improved, a 3,000 square foot metal building is existing along with ample parking for future small industrial usage. Section III This property was zoned 1-1 for 42 years. I would suggest that allowing the property to revert back to it's original 1-1 zoning will have no significant impact on the resources of Roanoke County, whether those resources be water, sewage, or Fire and Rescue. The property has a recently installed well, an existing septic system and more than sufficient road frontage at the entrance to the property. Returning this property to it's original zoning classification should impose no undue hardship on either the County of Roanoke or the surrounding community. Applicant The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. I AMA 8 rFl O33M ar YWPT A ,dL S 2.748 Acm _ >\ ' d€ P66P IAIAI w �� y°k1%a f N I ^ �Y� s fµ.1•.• a ylA P0.YPEJW @ 1pSY A �R upw! Y u16. APMIa ILIYM P.Iw Ixr`Is IR rP Lr W W'a-IPM Af,Os' - u ?:•ir M0691TE RAT Fell KENT A. WHEELER DARLENE D. WHEELER VINTON I'll P HVETNLYIB9I7AIIICT i 7MIEN DI"'F6 e5, 1992 x0. i 9c°iiire NEY M JUNE 30, 1,83 ar Is ra A@ JOB No, BEA -0@ z- �:� TRACT 'fl Is 9.038 ACRES SAp \14 YQ - �T�1�.11' iO1A AN., x ¢1l LA NYPAE'arY V Ixa,ux IY' oiiV }, vegan L CP1[01 6. I ��' I�—N., ra Yi Pl � Mia i ..�^�� ltl �? C PPY6'. FL�Iyt f9fl IM RQ Ilyslvsl'r PI.fY Ix BrParm'1 LA Wa'aP[ 1ALrT EGET � J M � ^` I/!� YN6vM nr-a � �� ! r i 1 L1A SIPRSP.[ LIS 3GGY MAar II � I,W�LL )��� q+J IY.�Yso L A � Y�XC[a 91�IYOP Lf! EIPµ+m[v.f pl'n'�i Iq IY 6l lP y71r A Y lx Y a I � rI a�1A' dFF Itil a1'A'x 1@ W' 11 IPF P.e Ie Iq q � t _ - fl ii w4M fl€:Yssl �g Lla 80E 1lµ lP 19N.lP I •_}-� {-�aNlPg f {11N 6a. AO• 14I { �A' iLiY MAL "IY V. 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Pff6fxir 11 YIT. 1plx�p,oYApµe8aA1g1 IrA[W W uupugwAlgE[G 119rg v i@ � 160 5Atl 9i0.1q Pyres R, WIIR I nim ww 171_j .Ctl R�ll MlflU �1�pNI l y�lM� 1AI2;,Y9iN,{ dtl AO�HL A9 U N o{ Lo A411M Ip1,gYIglY116 A1Oo 0.A FA xl IyArlw Il6 2 nlf wlx IIrMt Y — `73 mr nn 93 AIIYIvr0. MEf1lq n1E sIA1LV,IA6nl{ ' �1y1.i�O}Ylprg�� � App y�y� MA�AYg@1I��y��pqAr� �I�I Aq�pAWWY0N1NfIEf6 WxYl�lg�yy!@Ie F�Aj([ m 11¢�IOkm11kY �IA�oYM'Glrlo�dlplalV[YfIW IirlaAAyPErll Off lY�'s�s��Iy Min ,g1�WAtld/� 7LLL.L_ pL�g 11L Nty�¢iM Y,0.l�¢,,,,,,.I� p&LAYAp151g61�gly�A[9�pYI rw WiuFx €uol lycc M1IGlA Ef,�F IY5 CM1lun!ooeAIL�Y�1E wwmrc�IlayPYif6I 'Kim, EMINK""". APA1GYa AIaM; lolxifA�I € [Dari 11`[�tIW161IIryry1u�aA1A1Y1C[� LLIt1E- fIAAInL MII ry MLQO Rn:cr O'W1LXX�xIPOa all m][C�•F�L'nf A YwrtsxGLYw� �,. 0.[q 0.lo" ff.1. %INLY\ TH II A- A F.WWG b{a j9 LE6plN f� sm�c L . IN. Iry - P SfNi@�1tp 104t1[ P y1P aar xp• f"-�iN�f—lf-Z'-a1fST Y mw, xLVR 1m.. AE2. NY, IMn•1.... 11161 PLAT COW i.- "Am 134 a 4/26/2020 Screenshot_20200425-095622_Flexmis Pro.jpg https:email.google.comhnailtutol#inboxiFMfcgxwHMsZhkzwlkjgfHRQthhmSJvW?projector-'I &messagePartld=0.l 911 Conservation: A future land use area of particular environmental sensitivity due to topography, existence of unique land characteristics, conservation/open space/greenway easements, soil types or location with respect to other State or Federally preserved lands. Typical resources would include wetlands, ridgelines, mountainsides, scenic views from the Blue Ridge Parkway and Appalachian Trail, identified greenway corridors, productive agricultural lands, historical and cultural resources and threatened or endangered species habitats. Land Use Types: Agricultural Production - The production of crops, plants, vines, trees, livestock, poultry and eggs and associated services such as soil and crop preparation, landscape and horticultural care. Forest and Wood Products - Tree farms, forest nurseries and reforestation services. Parks - Large regional park facilities that are designed and developed to preserve the environmentally sensitive nature of the land. Public Lands - Includes land that is owned by a public entity but is not an official park. Examples would be Haven's Wildlife Management Area, Spring Hollow Reservoir, Carvin's Cove watershed, Appalachian Trail, Blue Ridge Parkway, Forest Service lands and publicly owned land on Green Ridge Mountain. Conservation Easements - Includes private lands that are protected by a conservation easement (includes scenic, agricultural, greenway and open space easements) held either by a private land trust or a State agency. Rural Residential - Very limited, low density single-family homes generally averaging a gross density of one unit per 10 acres. Cluster developments are encouraged. Land Use Determinants; EXISTING LAND USE PATTERN. - Locations where unique and important natural, agricultural, historical and cultural resources exist that deserve to have the highest level of protection. RESOURCE PROTECTION - Locations where valuable and irreplaceable resources such as open space, public water supply impoundments, rivers, streams, lakes, productive agricultural land, woodlands, critical slopes, ridgelines, historical and archeological sites and unique natural areas exist. ACCESS - Locations that are accessible by existing improved or unimproved rural roads. RURAL SECTOR - Locations not served by urban services. 10/1412020 Unofficial Property Record Card Unofficial Property Record Card - Roanoke County, VA General Property Data Parcel ID 090.00-03-34.00.0000 Prior Parcel ID Property Owner FIELDER MICHAEL H Mailing Address P O BOX 10742 City ROANOKE Mailing State VA Zip 24022 Jurlsdlctlon-ZoningCode- COUNTY AGI-AGRICULTURALIRURAL Description LOW DENSITY Account Number 41591 Property Location 4053 AEROSPACE RD Property Use INDUSTRIAL Most Recent Sale Date 5/812020 Legal Reference DB202004739 Grantor SANCTUARY MICHAEL F Sale Price 68,000 Land Area 9.03 - AC Current Property Assessment Card 1 Value Building Value 52,100 Xtra Features 0 Land Value 45,800 Total Value 97,900 Value Building Description Building Style WAREHOUSE # of Living Units 0 Year Built 1979 StylelStory Height 1.0 STORY Insulation NIA Foundation Type SPREAD FTG Frame Type PRE -FAB Roof Structure GABLE Roof Cover MOD METAL Siding MODULAR MTL Flooring Type GONG FINISHD Basement Floor NIA Heating Type NONE Heating Fuel 140NE Air Conditioning 0% Finished Area (SF) 3216 Interior Walls MASNRYIMIN # of Bsmt Garages 0 Number Rooms 0 # of Bedrooms 0 # of Full Baths 0 # of 314 Baths 0 # of 112 Baths 0 # of Other Fixtures 2 Legal Description TR B PLAT FOR KENT A & DARLENE D WHEELER BACK CREEK Narrative Description of Property This property contains 9.03 - AC acres of land mainly classified as INDUSTRIAL with a(n) WAREHOUSE style building, built about 1979, having MODULAR MTL exterior and MOD METAL roof cover, with 0 commercial unit(s) and 0 residential unit(s), 0 room(s), 0 bedroom(s), 0 bath(s), 0 half bath(s). Property Images _—------------- --- --- - A:r:.,X� .. 1 Disclaimer: This information is believed to be correct but is subject to change and Is not warranteed. https:llwebpro.roanokeeountyve.gov/RocordCard.asp 111 10-10-75 Lots 2 and 3, Settiou 1, of the R. F. Boxley Estate lands, Roanoke Cot+nty, Virginia, .as shown by Plat made by C. B. Malcolm, S.C.E.., dated August 25, 1,9.32, which said plat is of record in the Clerk's -Office of the Circuit Court, Roanoke County, Virginia, -in heed Book 213,. page 392. BE IT FUR'.1'fl%R' RESOLVED AND ORDERED by the Board of County stipe o� Roanoke County that pursuant to the proVjs ons of law, that a Special E,xceptlon. Feria to operate a. used car lot on the heretofore aesetiuetl proporty be issued with the stipulation that no true larger than three- qua.r"tar (3;/4) tort be sold on -the.pra-mxse.s. BE IT FURTHER RESOLVED AND ORDERED that the Cie k transmit a certified :copy of this F-inal order to the Gounty Engineer .sothat the zoning maps of Roaacke: County may be amended to reflect tUR rezoning, The foregoing Order was adopted. oil motion of. S.tzpervi:so.r Terry :and the following recorded. vote AYBS:; Mrs. Johnson, Mr. Myers, Mr. baric, 9r, Terry, Mr. Compton NAY$: None IN RE; PETITION OF KENT ALLEN WEIEBLER FOR RFZGVING FROM -1 TO M-1, OF A 5 -ACRE PORTIox OF A :12.203 -ACRE PARGBL ON .TATE, EAST SIDE OF ROUTE 116 AT WINx3Y GAP,. O:5 MILE WEST of rza ROAMOKE/FRANKLIN .COUNT: LINE IN TRE VINTON DISTR OT TO PERMIT THE .CONSTRUCTION AND OPERATION OF A STORAGE WAIMOUSE This requeast was presented to the Supervisors by EdWard A. Natt, Attorney, who explained that a storage warehouse is proposed on tJl18 s1.ta f'ar Mr. Wheeler's insulation business.. Tkla b:ua.ldi g would be, 84'. by 36.1; No one -appeared in oppositi,oit, FINAL ORDER NOW, ` HBRLf ORE, BP, IT RESOLVED AND ORDERED by the .Board :of. Gouuty Supervisors of Roanoke County, that pursuant to the provisionq of.].aw, the 10--10-78 property of Kent Allen Wheeler; thence N. 0° 2.6' 50" W. 260.25 feet to a point; thence N. 5° 04' 45" E. 122.11 feet to a point; thence N. 36° 59' 30" W, 191.17 feet to a point; thence N. 32° 52' 10" W. 40 feet, more or less, to a point; thence with a new line through the property of Kent Allen Wheeler S. 44° 03' 40" W. 575 feet, more or less, to the place of beginning a -ad containing 5 acres, more or less, being a portion of a 12.203 acre parcel as shown on a plat prepared by David }dick and Harry A, Wall, under date of March 22, 1971, BE IT FURTHER RESOLVED AND ORDERED that the Clerk transmit a certified copy of this Final. Order to the Connty Engineer so that the zoning maps of Roanoke County may be amended to reflect this rezoning, The foregoing; Order was adopted on motion of Supervisor Park and the following recorded 'cote, AYES: Mrs, Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton NAYS: None IN RE: REQUEST OF BERNARD N. AND ETHERL M. WEBB FOR•RENEWAL OF THEIR SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 1.4 -ACRE TRACT ON THE NORTH SIDE OF ROUTE 6.15, 0.25 MILE EAST OFF ROUTE 220 DEAR THE FRANKLIN COUNTY LINE IN THE RED HILL SECTION OF THE CAVE SPRING DISTRICT. No one was present at the hearing on behal of the applicants. There I was no opposition to this re3newal, request, Since there was no opposition and taking into consideration that this♦ is a renewal., Supervisor Johnson moved that the renewal request of Bernard and Ethel Webb be approved beginning July 13, 1978, subject to the provisions of the County Zoning Ordinance as it pertains to mobile houses, which motion was adopted unanimously, IN RE: REQUEST OF MRS. EFFIE POFF FOR RENEWAL, OF HER SPECIAL EXCEPTION TO PARK A MOBILE, HOME ON A 2.39 --ACRE TRACT 30 FEET FROM THE RIGHT OF WAY AT 1605 HIRAM STREET, OFF RIVERDALE ROAD IN THE VINTON DISTRICT (MOBILE HOME IS OCCUPIED BY WILLIAM R. LOONEY) 9-12-73 (4) Petition of Kent Allen Wheeler for rezoning from A-1 to M-1 of a 5 -acre portion of an 11 -acre tract on the east side of Route 116 at Windy Gap, about 1/2 dile west of the Roanoke/Franklin County line so that a storage warehouse may be constructed thereon. (5) Petition of Gordon M. Voldahl far rezoning from A-1 to B-3 of 0.84 acre located on the west side of Route 221 at Rant Mountain, about 1/2 mile north of Adney Gap. Rezoning is requested so the existing restaurant and gas station buildings, which have been vacant for several years, may be refurbished and operated by the petitioner. (6) Petition of Carl R. and Saundra M. Davis for rezoning from M-2 to -R-1 of about 1/3 acre on the west side of State Route. 858, 355 feet south off U. S. Route 11-460 at State Police headquarters -west of Salem: Rezoning is requested because petitioners wish to build an addition onto the existing dwelling. (7) Petition of Albert, 'Nadine, and William Salem for rezoning from A-1 to M-1 of 1,69 acres in Viewpoint heights Subdivision located on the southeast side of State Route 796 (Old Lee Highway) about 1,600 feet Bouthwest off, U. S. Route 11--460 west of Salem. (8) Petition of Pioneer Carper and Floor Covering, Inc -for rezoning front B-1 to B--2 of 1.4 acre located on the east side of Route 220 at its intersection with Route 676, about 200 yeards south of the Red Hill Church of the Brethren so a carpet shop may be operated thereon. IN R$: RESOLUTION NO. 2123 SUPPORTING AN AMENDMENT TO THE PAYMENT IN LIEU OF TAXSS ACT WHEREAS the Congress of the United States has previously enacted the payment in Lieu of Taxes -Act (P. L. 94-565); and WHEREAS the purpose of this Federal legislation was to at least partially compansate local governments for the Large quantities of National Park and other Federally owned, tax-exempt land removed from local tax rolls; and WHEREAS there are approximately' 2,774 acres of National. Park Land in Roanoke Couzzty; and WHEREAS, as a result of interpretation by the Secretary of the Interior of certain portions of the Payment in Lieu of Taxes Act, only 75 acres of these lands in Roanoke County are entitled to Federal payments; and WRERtAs amendments to the. Payment in Lieu of Taxes Act have been AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON THURSDAY, SEPTEMBER 25, 2018 ORDINANCE 092518-4 REZONING APPROXIMATELY 5.35 ACRES FROM 1-1 (LOW INTENSITY INDUSTRIAL) DISTRICT TO AG -1 (AGRICULTURALI RURAL LOW DENSITY) DISTRICT; LOCATED AT 4053 AEROSPACE ROAD, VINTON MAGISTERIAL DISTRICT WHEREAS, in 1978, 5.35 acres of an approximately 9 acre property located at 4053 Aerospace Road (Tax Map No. 090.00-03-34.00-0000), in the Vinton Magisterial District, was rezoned from agriculture (AG -1) to light industrial (1-1) use to allow the operation of an insulation business (the remaining portions of the property continued to be zoned AG -1); and WHEREAS, the insulation business no longer operates on the property; and WHEREAS, Michael Sanctuary and Dezaray Allaire, the present owners of the property purchased the property in 2017 and desire to build a single family residence on the property. They have accordingly filed a petition to rezone the industrial portion of their property back to its former agricultural designation); and WHEREAS, the first reading of this ordinance was held on August 28, 2018, and the second reading and public hearing were held on September 25, 2018; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 4, 2018; and M., WHEREAS, the Planning Commission recommends approval of the petition; and WHEREAS, legal notice and advertisement has been provided as required by Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: A. The petition of Michael Sanctuary and Dezaray Allaire to rezone approximately 5.35 acres (located at 4053 Aerospace Road, in the Vinton Magisterial District (Tax Map No. 090.00-03-34.00-0.000) from an 1.1 (low intensity industrial) district to an AG-1 (agricultural/ rural low density) district, is hereby approved. B. The Board finds that the proposed rezoning is consistent with the purpose and intent of the County's Comprehensive Plan and goodzoning practice, and will not be a substantial detriment to the community. C. That this ordinance shall be in full force and effect thirty (30) days after its final passage. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance: On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor Assaid and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None AkDeputyCler D Ce Board of Supervisors cc; Philip Thompson, Acting Director of Planning Page 2 of 3 Tarek Moneir, Acting Director of Development Services William Driver, director of Real Estate Valuation Peter Lubeck, Senior Assistant County Attorney John Murphy, Zoning Administrator Page 3 of 3 A � � ^§jkl����/ � �..,s22.�2,2 C tit � � . _: .. *- V .•'; :. - �'- � -- �.„ F - -;: -: n �'Y•a,c, ,�" - ."".rte �-_ i, - tial .� "'; . .y .A., t.,a� - ~... .i4-ri--�.. ; - r'� q -� _ ♦ _ �,'--. .. - -- � -v , .,. i � . 4�+ - . wY- � ;.�Jrt. 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Mil. s'-xr` n�.•r w Vt 'i�..,� �wi�' .'its J•�.+W[F s e_ RF '3� yJfvti-, �+ # �• _ -�_ . - .-a - A ef��� y.s�'z �. , -_' '�`� t • 1 � f ..i�F - - �., c� - '=-a - max- `� >♦ j. r' Tye �"�,,;�-=� k � ' . - • - -- _ - t "Y' _ _ v.. it atL>'P"►[•`e';'i�-- 71 Y T t Tw lG _ �� Y fie' 1�' f � ^�Y� �� �-. � `� °r�,� �� •�•s- i .I F4��.rs r {- - •A r 0 li 1 il;Y S l r I'm - x"71 T' Z 1 il;Y S l r I'm - x"71 G\J §/ 4-: 7 ( 0:� Q 2 k \ / k / § ) E / Z/ /§ %2� �3V) DL /00 / / 2 a{� / 4 �/ // ƒ/ •/�%/ =k / f x/ s r \ ~ , _ ( 0:� Q o2s \\E\ U w 6 eo /00 / ® I N =k i CD iO rn � U N NO 0 N O O c 0) N U N Q NN0 Lf. O) 0� 0 W =V) Z? E' mo 7 O T O V 0 O O Q > 0 N Y oo a_ a, W O C LL (") O 0 O% cu O O o O 7 O L O U J Lo O 0 N O o LL o 0 0 W 3 r N 0 ll U .3ack oCee" i CD iO � U N NO N O O O c 0) N U N Q E O � O N N 0� 0 a =V) Z? E' mo ° O Oo C)o O Q > 0 QO -C cU oo a_ a, U�m� o O LL (") O 0 O > O o O 7 � o 00 � � N O c 0) C 00 0 Co O Q O N 0) O Q > 0 �° U�m� o O J > o Nt O o 7 7 L O U Lo O 0 N O LL o AG -1 District Regulations SEC. 30-33. AG -1 AGRICULTURAL/RURAL LOW DENSITY DISTRICT. See. 30-33-1. Purpose. (A) The AG -1, agricultural/rural low density district consists of land primarily used as farmland, woodlands, and scattered residential development located within the rural service area. Also found in these areas are lands with steep slopes, and groundwater recharge areas. Many of the county's unique natural and scenic resources are also found in this district. The purpose of this district is to encourage these areas to remain in their rural state, and protect sensitive and unique land resources from degradation, consistent with the recommendations of the comprehensive plan for the rural preserve areas. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses, while allowing development to occur at a reasonable density. Non-farm residents should recognize that they are located in an agricultural environment where the right -to -farm has been established as county policy. This district is also intended to minimize the demand for unanticipated public improvements and services, such as public sewer and water, by reducing development densities and discouraging large scale development. (Ord. No. 042799-11, § lf., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-33-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. Agricultural and Forestry Uses Agriculture Agritourism * Farm Brewery * Farm Distillery * Farm Employee Housing * Farm Winery * Forestry Operations * Stable, Commercial * Stable, Private * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type II Manufactured Home * Manufactured Home, Accessory * Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single -Family Dwelling, Detached 3. Civic Uses Community Recreation * Family Day Care Home Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly Safety Services * Utility Services, Minor 4. Commercial Uses Bed and Breakfast * Veterinary Hospital/Clinic 2 AG -1 District Regulations AG -1 District Regulations 5. Miscellaneous Uses Amateur Radio Tower Wind Energy System, Small* (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Commercial Feedlots 2. Residential Uses Alternative Discharging Sewage Systems 3. Civic Uses Camps * Cemetery Day Care Center Utility Services, Major 4. Commercial Uses Agricultural Services Antique Shops * Bed and Breakfast Inn Campgrounds Country Inn Golf Course Kennel, Commercial Special Events Facility 3 AG -1 District Regulations Studio, Fine Arts 5. Industrial Uses Composting * Custom Manufacturing * Landfill, Construction Debris * Landfill, Sanitary * Resource Extraction * 6. Miscellaneous Uses Aviation Facilities, Private * Broadcasting Tower * Outdoor Gatherings * Shooting Range, Outdoor * Wind Energy System, Large* Wind Energy System, Utility* (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, § 8, 6-22-93; Ord. No. 82493-8, § 2, 8- 24-93; Ord. No. 42694-12, § 7, 4-26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609- 22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 091311-7, § 1, 9-13-11, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16, Ord. No. 082818-8, § 1, 8-28-18) Sec. 30-33-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. All lots, regardless of sewer and water provisions: a. Area: 1.5 acres (65,340 square feet). b. Frontage: 150 feet on a publicly owned and maintained street. El AG -1 District Regulations 5 C. Maximum width to depth ratio: 1 to 5 (W to D) on streets in existence prior to the adoption of this ordinance. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 20 feet. b. Accessory structures: 20 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet. b. Accessory structures: 10 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (C) Maximum height of structures. 1. All structures: 45 feet. (D) Maximum coverage. 1. Building coverage: 20 percent of the total lot area. 2. Lot coverage: 40 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13) 5 I-1 District Regulations SEC. 30-61. I-1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30-61-1. Purpose. (A) The purpose of the I-1, low intensity industrial district is to provide areas within the urban service area which are suitable for less intensive industrial activities. These areas are primarily designated based on the suitability of the land in terms of slope and freedom from flooding, as well as the availability of adequate sewer and water capacity, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system. This district generally coincides with the recommendations for the principal industrial land use category contained in the comprehensive plan, and particularly those areas unsuitable for more intensive or potentially hazardous industrial uses. Distributing these areas around the county in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged. Since land with suitable characteristics for less intensive industrial development is limited in the county, a high degree of protection is promoted where industrial development is located adjacent to existing or future residential areas. The conversion and/or redevelopment of existing non -conforming uses in this district which are unrelated to industrial needs is also encouraged. (Ord. No. 042799-11, § If., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-61-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture 2. Civic Uses Administrative Services Day Care Center * Guidance Services Park and Ride Facility Post Office Public Maintenance and Service Facilities Public Parks and Recreational Areas * Safety Services Utility Services, Major Utility Services, Minor 3. Office Uses Financial Institutions General Office Laboratories Medical Office 4. Commercial Uses Agricultural Services * Automobile Repair Services, Major * Automobile Repair Services, Minor * Automobile Parts / Supply, Retail * Business Support Services Business or Trade Schools Communication Services Construction Sales and Services * Consumer Repair Services Equipment Sales and Rental Garden Center * Laundry 2 I-1 District Regulations I-1 District Regulations Personal Improvement Services Restaurant, General Retail Sales Veterinary Hospital / Clinic 5. Industrial Uses Custom Manufacturing * Industry, Type I Landfill, Rubble Recycling Centers and Stations Transportation Terminal Truck Terminal Warehousing and Distribution 6. Miscellaneous Uses Amateur Radio Tower * Parking Facility * Wind Energy System, Small* (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Commercial Uses Automobile Dealership * Automobile Rental / Leasing Commercial Indoor Sports and Recreation Convenience Store * 3 I-1 District Regulations Fuel Center * Gasoline Station Manufactured Home Sales Mini -warehouse * Recreational Vehicle Sales and Service Surplus Sales Truck Stop * 2. Industrial Uses Composting * Construction Yards Resource Extraction Transfer Station * 3. Miscellaneous Uses Aviation Facilities, Private Broadcasting Tower Outdoor Gatherings Wind Energy System, Large Wind Energy System, Utility (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042297, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27- 99; Ord. No. 082807-18, § 1, 8-28-07; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 091311-7, § 1, 9-13-11, Ord. No. 111213- 15, § 1, 11-12-13, Ord. No. 092215-9, § 1, 9-22-15, Ord. No. 062816-4, § 1, 6-28-16, Ord. No. 062717-4, § 1, 7-27-17) Sec. 30-61-3. Site Development Regulations. El I-1 District Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: 30 feet, or 20 feet when all parking is located behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: behind front building line and 3 feet from side line. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. All structures: When adjoining property zoned residential, forty-five (45) feet, including rooftop mechanical equipment. The maximum height may be increased provided each required side and/or rear yard adjoining a residential district is increased two (2) feet for each foot in height over forty-five (45) feet. This distance shall be measured from the portion of 61 I-1 District Regulations the structure which exceeds forty-five (45) feet. In all other locations the height is unlimited. (D) Maximum coverage. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 42694-12, § 9, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08) 6 Conservation: A future land use area of particular environmental sensitivity due to topography, existence of unique land characteristics, conservation/open space/greenway easements, soil types or location with respect to other State or Federally preserved lands. Typical resources would include wetlands, ridgelines, mountainsides, scenic views from the Blue Ridge Parkway and Appalachian Trail, identified greenway corridors, productive agricultural lands, historical and cultural resources and threatened or endangered species habitats. Land Use Types: Agricultural Production - The production of crops, plants, vines, trees, livestock, poultry and eggs and associated services such as soil and crop preparation, landscape and horticultural care. Forest and Wood Products - Tree farms, forest nurseries and reforestation services. Parks - Large regional park facilities that are designed and developed to preserve the environmentally sensitive nature of the land. Public Lands - Includes land that is owned by a public entity but is not an official park. Examples would be Haven's Wildlife Management Area, Spring Hollow Reservoir, Carvin's Cove watershed, Appalachian Trail, Blue Ridge Parkway, Forest Service lands and publicly owned land on Green Ridge Mountain. Conservation Easements - Includes private lands that are protected by a conservation easement (includes scenic, agricultural, greenway and open space easements) held either by a private land trust or a State agency. Rural Residential - Very limited, low density single-family homes generally averaging a gross density of one unit per 10 acres. Cluster developments are encouraged. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where unique and important natural, agricultural, historical and cultural resources exist that deserve to have the highest level of protection. RESOURCE PROTECTION - Locations where valuable and irreplaceable resources such as open space, public water supply impoundments, rivers, streams, lakes, productive agricultural land, woodlands, critical slopes, ridgelines, historical and archeological sites and unique natural areas exist. ACCESS - Locations that are accessible by existing improved or unimproved rural roads. RURAL SECTOR - Locations not served by urban services. AV District Regulations SEC. 30-36. AV AGRICULTURAL/VILLAGE CENTER DISTRICT. See. 30-36-1. Purpose. (A) The purpose of the AV, agricultural/village center district is to establish areas which will serve as the focal point for cultural and commercial activity of the rural service areas of the county, as envisioned in the comprehensive plan land use category of the same name. The density recommended for these areas is intended to average between one (1) and three (3) units per acre. Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices and places of religious assembly, are commonly found at these crossroad locations. These areas bring a sense of community to the surrounding rural areas, with an emphasis on providing the essential goods and services to rural residents, but are not intended as employment destinations for urban residents. New development should therefore be carefully considered for its compatibility with the surrounding development and the purpose and intent of this district. Any expansion of these areas should be contiguous to existing village center areas to avoid leap -frog commercial development. Similarly additional development may warrant additional public services, such as community sewer and water systems. (Ord. No. 042799-11, §§ If., 2, 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-36-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. Agricultural and Forestry Uses Agriculture * Agritourism * Farm Brewery * Farm Distillery * Farm Winery * Stable, Private * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type II * Manufactured Home * Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single -Family Dwelling, Attached * Single -Family Dwelling, Detached Two -Family Dwelling * 3. Civic Uses Administrative Services Clubs * Community Recreation * Cultural Services Day Care Center * Educational Facilities, Primary/Secondary * Family Day Care Home * Park and Ride Facility * Post Office Public Parks and Recreational Areas * Religious Assembly * Safety Services * 2 AV District Regulations AV District Regulations Utility Services, Minor 4. Office Uses Financial Institutions * General Office Medical Office 5. Commercial Uses Agricultural Services * Antique Shops * Bed and Breakfast Consumer Repair Services Personal Improvement Services Personal Services Restaurant, General Studio, Fine Arts Veterinary Hospital/Clinic 6. Miscellaneous Uses Amateur Radio Tower Wind Energy System, Small* (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Commercial 2. Residential Uses 3 Alternative Discharging Sewage Systems Multi -family Dwelling Townhouse 3. Civic Uses Adult Care Residences Cemetery * Crisis Center Halfway House Life Care Facility Nursing Home Utility Services, Major 4. Commercial Uses Automobile Repair Services, Minor Automobile Parts/Supply, Retail Bed and Breakfast Inn Boarding House Business Support Services Commercial Outdoor Sports and Recreation Construction Sales and Services * Convenience Store * Country Inn * Equipment Sales and Rental * Fuel Center* El AV District Regulations AV District Regulations Funeral Services Garden Center * Gasoline Station * Kennel, Commercial * Mini -warehouse * Restaurant, Drive-in or Fast Food * Retail Sales * Special Events Facility * 5. Industrial Uses Construction Yards * Custom Manufacturing * Recycling Centers and Stations * 6. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4- 22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16, Ord. No. 082818-8, § 1, 8-28-18) See. 30-36-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 25,000 square feet 61 AV District Regulations b. Frontage: 85 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a. Area: 15,000 square feet b. Frontage: 60 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. All structures: 45 feet (D) Maximum coverage. 1. Building coverage: 35 percent of the total lot area. C7 AV District Regulations 2. Lot coverage: 75 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13) 7 O N ry IVA N72 i6 rr) 0 'S a µi� ° , �• '.�,�,,i �x f Y t l 4 ° 5t Q J F 0 RIO Ln 4} l d�b 1A NE r- v.� .)l E E 0 0 p p p a) O Q p dj E 01— o—, pp >1 co .� O •E r,%% � D wl—co a 1 o 0 u r—, 0 •• �lm ry LU 0 0 LP 0 - - NT pan&ids HM O N O N O M C- 0 U Q O Q � O }Q06� O O < E} p O p 0 O p 0 C) U U CL O O CL a > a� o s C C i H O � N r E O O a O u C� > 0 O O .- H � N EC E O O r O E} U 0 00) v C� *E .� 4 Q E LM N � � 0 O _ L� Peter S. Lubeck COUNTY ATTORNEY ROANOKE COUNTY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2071 FAX: (540) 772-2089 SAMPLE MOTIONS Mary Beth Nash Rachel W. Lower Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS The petition of Michael H. Fielder to rezone approximately 9.03 acres from AG -1 (Agricultural/Rural Low Density) District to 1-1 (Low Intensity Industrial) District, located at 4053 Aerospace Road, Vinton Magisterial District. MOTION TO APPROVE (AS REQUESTED) I find that the proposed rezoning request: 1. Is not consistent with the County's Future Land Use Designation of Conservation; however, the facility is existing and the property was previously split zoned I-1 (Low Intensity Industrial) District and AG -1 (Agricultural/Rural Low Density) District for over forty years, and is otherwise good zoning practice, and 2. Will not result in substantial detriment to the community. I therefore MOVE THAT WE APPROVE the rezoning request as it has been requested. MOTION TO APPROVE (AS RECOMMENDED BY STAFF) I find that a rezoning of the subject property to AV (Agricultural/Village Center) District: 1. Is more consistent with the County's Future Land Use Designation of Conservation, and is otherwise good zoning practice, and 2. Will not result in substantial detriment to the community. I therefore MOVE THAT WE APPROVE a rezoning of the subject property to AV (Agricultural/Village Center) District. MOTION TO DENY I find that the proposed rezoning request: 1. Is inconsistent with the purpose and intent of the County's adopted comprehensive plan and good zoning practice, or 2. Will result in substantial detriment to the community. I therefore MOVE THAT WE DENY the rezoning request. MOTION TO DELAY ACTION I find that the required information for the submitted proposal is incomplete. I therefore MOVE TO DELAY action until additional necessary materials are submitted to the Board of Supervisors. OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 • Roanoke, Virginia 24018-0798 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2020 ORDINANCE REZONING APPROXIMATELY 9.03 ACRES FROM AG -1 (AGRICULTURAL/RURAL LOW DENSITY) DISTRICT TO 1-1 (LOW INTENSITY INDUSTRIAL) DISTRICT, LOCATED AT 4053 AEROSPACE ROAD, VINTON MAGISTERIAL DISTRICT (TAX MAP NO. 090.00-03- 34.00-0000) WHEREAS, Michael H. Fielder is requesting to rezone approximately 9.03 acres, located at 4053 Aerospace Road, Vinton Magisterial District, from AG -1 (Agricultural/Rural Low Density) District to 1-1 (Low Intensity Industrial) District, to operate a small plumbing company out of the existing facility on the property (general office use); and WHEREAS, the first reading of this ordinance was held on November 17, 2020, and the second reading and public hearing were held on December 15, 2020; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 30, 2020; and WHEREAS, the Planning Commission recommends approval of the petition as requested; and WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The petition of Michael H. Fielder to rezone approximately 9.03 acres, located at 4053 Aerospace Road, Vinton Magisterial District, from AG -1 (Agricultural/Rural Low Density) District to 1-1 (Low Intensity Industrial) District, is approved. Page 1 of 2 2. The Board finds that the proposed rezoning request is not consistent with the Future Land Use Designation of Conservation; however, the facility on the property is existing and the property was previously split zoned 1-1 (Low Intensity Industrial) District and AG -1 (Agricultural/Rural Low Density) District for over forty years. 3. The Board further finds that the proposed rezoning is otherwise good zoning practice, and will not result in substantial detriment to the community. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2