HomeMy WebLinkAbout8/10/2021 - Regular
Roanoke County
Board of Supervisors
August 10, 2021
NOTE: The joint work session with the Roanoke County Board of
Supervisors and the Roanoke County School Board will be held at
5:00 p.m. in the Third Floor Training Room.
INVOCATION:
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
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
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Roanoke County
Board of Supervisors
Agenda
August 10, 2021
Good afternoon and welcome to our meeting for August 10, 2021. Regular meetings
are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at
7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be
announced. The meetings are broadcast live on RVTV, Channel 3, and will be
rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of
www.RoanokeCountyVA.gov. Our meetings are closed-captioned, so it is important for
everyone to speak directly into the microphones at the podium. Individuals who require
assistance or special arrangements to participate in or attend Board of Supervisors
meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in
advance. Please turn all cell phones off or place on silent.
A. OPENING CEREMONIES
1. Roll Call
B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
C. NEW BUSINESS
1. Resolution in support of expanding local sales and use taxing authority for all
Virginia localities, for the dedicated purposes of school construction and
renovation (Peter S. Lubeck, County Attorney)
D. FIRST READING OF ORDINANCES
1. Ordinance approving a lease with .com Properties, IV, LLC for 40 parking spaces
of a lot located at 200 East Calhoun Street (Joyce Earl, Director of Social
Services; Mary Beth Nash, Senior Assistant County Attorney)
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E. SECOND READING OF ORDINANCES
1.
to the Board of Supervisors of Roanoke County on property owned by Fred L.
Haynes, Jr. and Terri K. Haynes (Tax Map No. 095.01-02-41.00-0000), located at
7186 Bent Mountain Road, for the purpose of drainage improvements, Windsor
Hills Magisterial District (Tarek Moneir, Director of Development Services)
2. Ordinance authorizing the granting of a new three hundred and ten square foot
(310 S.F.) drainage easement to the Board of Supervisors of Roanoke County,
on property owned by Stephen R. Stimeling, II (Tax Map No. 038.11-05-01.00-
0000) located at 303 Vista Avenue, for the purpose of drainage improvements,
Hollins Magisterial District (Tarek Moneir, Director of Development Services)
3. Ordinance authorizing and approving a ground lease addendum between
Roanoke County and Eagle American, LLC on Twelve O'Clock Knob Road
(Susan Slough, Assistant Director for Communications)
4. Ordinance authorizing the acquisition of one-half (1/2) interest in three parcels of
real property containing approximately 34 acres adjacent to Explore Park,
located in Roanoke County and in Bedford County; and authorizing execution of
a purchase agreement, a deed of conveyance, and other documents necessary
to accomplish the acquisition of this real estate (Lindsay Webb, Parks Planning
and Development Manager)
F. APPOINTMENTS
1. Library Board (appointed by District)
2. Parks, Recreation and Tourism Advisory Commission (appointed by District)
3. Social Services Advisory Board (appointed by District)
G. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY
THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION
IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT
ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY
1. Request to accept and allocate funds in the amount of $3,000 from the Virginia
Information Technology Agency for the Public Safety Answering Points (PSAP)
Educational Grant Program
2. Request to accept and allocate grant funds of $25,900 from Virginia Department
of Emergency Management (VDEM) for an Elections Security Grant
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3. Confirmation of appointment to the Social Services Advisory Board (District)
H. CITIZENS' COMMENTS AND COMMUNICATIONS
I. REPORTS
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
J. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Paul M. Mahoney
2. Martha B. Hooker
3. Phil C. North
4. David F. Radford
5. P. Jason Peters
K. WORK SESSIONS
1. Work session with the Roanoke County Board of Supervisors and the Roanoke
County School Board (P. Jason Peters, Chairman of the Roanoke County Board
of Supervisors)
L. NEW BUSINESS
1. Resolution establishing the Career and Technical Education Citizen Advisory
Committee and appointing representatives to such committee (Peter S. Lubeck,
County Attorney)
M. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2-3711.A.3 To discuss or consider the acquisition of real property,
where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body. Specifically, the Board will
consider the acquisition of potential properties throughout the County for school
purposes
N. CERTIFICATION RESOLUTION
O. ADJOURNMENT
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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: August 10, 2021
AGENDA ITEM: Resolution in support of expanding local sales and use
taxing authority for all Virginia localities, for the dedicated
purposes of school construction and renovation
SUBMITTED BY: Peter S. Lubeck
County Attorney
APPROVED BY:
County Administrator
ISSUE:
Resolution in support of legislation that would expand the sales and use tax authority of
all localities for the dedicated purposes of school construction and renovation.
BACKGROUND:
In 2019, the Virginia General Assembly enacted a new Section 58.1-605.1 of the Code
of Virginia, granting Halifax County the authority to impose a general retail sales tax a
rate not to exceed 1% to provide revenue solely for capital projects for the construction
or renovation of schools, following approval of such a tax by citizens through a
referendum.
In 2020, the General Assembly granted the following localities the same authority:
· Charlotte County,
· Gloucester County,
· Henry County,
· Mecklenberg County,
· Northampton County,
· Patrick County,
· Pittsylvania County, and
· City of Danville.
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DISCUSSION:
It is recognized that the local needs of Roanoke County Public Schools align with the
needs of the above localities and many others across the Commonwealth. One specific
need for Roanoke County is a renovated or new Burton Arts Career and Technical
School, which school contributes to economic growth in Roanoke County.
The Virginia Association of Counties (VACo) is urging the General Assembly to grant all
Virginia localities such authority.
It is proposed that the Board adop
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of the proposed resolution.
STAFF RECOMMENDATION:
Insofar as the Board supports VACo's position regarding this issue, staff recommends
adoption of the resolution.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, AUGUST 10, 2021
RESOLUTION IN SUPPORT OF EXPANDING LOCAL SALES AND USE
TAXING AUTHORITY FOR ALL VIRGINIA LOCALITIES, FOR THE
DEDICATED PURPOSES OF SCHOOL CONSTRUCTION AND
RENOVATION
WHEREAS, the Board recognizes that the local needs of Roanoke County Public
Schools align with the needs of many localities across the Commonwealth; and
WHEREAS, one specific need for Roanoke County is a renovated or new Burton
Arts Career and Technical School, which school contributes to local economic growth in
Roanoke County; and
WHEREAS, the Board supports the position that the same opportunity afforded to
Halifax County (and, subsequently, several other localities) pursuant to the authority
granted to it in Virginia Code § 58.1-602, § 58.1-605.1 and § 58.1-606.1 would greatly
benefit Roanoke County as well; and
WHEREAS, the Board supports the position of Virginia Association of Counties
(VACo) for universal statewide expansion of a dedicated local sales and use tax
authority for local counties through a voter referendum.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the Board supports legislation that would grant all Virginia local
governments the authority granted pursuant to Virginia Code §58.1-602, § 58.1-605.1
and § 58.1-606.1, allowing the use of increased sales and use tax revenue for school
construction and improvement, if approved in a referendum.
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ACTION NO.
ITEM NO. D.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 10, 2021
AGENDA ITEM: Ordinance approving a lease with .com Properties, IV, LLC
for 40 parking spaces of a lot located at 200 East Calhoun
Street
SUBMITTED BY: Joyce Earl
Director of Social Services
APPROVED BY:
County Administrator
ISSUE:
Approval of a new lease for parking for Department of Social Services
BACKGROUND:
The Department of Social Services (DSS) building located at 220 East Main Street in
Salem has limited parking for the approximately one hundred DSS staff members and
the clients they serve. The County currently leases parking spaces that are directly
utilization of these 40 parking spaces.
DISCUSSION:
The parking spaces previously owned by Union Bank and Trust were purchased by
.com Properties, IV, LLC. The manager of .com Properties originally declined to
continue the lease, pending sale or lease of the other commercial buildings he owns,
however, a six-month term was agreed upon. There are no other viable options for
parking spaces.
FISCAL IMPACT:
Roanoke County will pay rent of $1,500 per month for the initial six-month term. We will
have the option to review this lease for six (6) additional months with the same terms
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and conditions.
STAFF RECOMMENDATION:
Staff recommends approving the first reading of the ordinance and establishing a
second reading on August 24, 2021.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 10, 2021
ORDINANCE APPROVING A LEASE WITH .COM PROPERTIES, IV,
LLC, FOR 40 PARKING SPACES OF A LOT LOCATED AT 200
EAST CALHOUN STREET IN SALEM, VIRGINIA
WHEREAS, the Roanoke County Department of Social Services
employs more than 100 persons and provides services to Roanoke County, the
Town of Vinton, and the City of Salem); and
WHEREAS DSS is located in a former bank building located at 220 East Main
Street, Salem, Virginia; and
WHEREAS, the County owns some land adjacent to the DSS building, but
such land is insufficient to meet the parking needs of all staff members and clients of
DSS; and
WHEREAS, no other reasonably suitable parcels or tracts of land are
available for lease or sale to use as parking facilities to serve DSS staff and clients
near the County-owned DSS building; and
nterest
to the prior banking institutions who owed the adjacent real estate ; and
WHEREAS, the County has leased parking spaces from the banks that
owned property adjacent to the DSS building for necessary use by DSS staff and
clients since the County acquired the building in 2001;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Sections 2.01 and 2.03 of the
Charter of Roanoke County, the County is authorized to acquire property, including
the lease of real estate; and,
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2. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, the acquisition of any interest in real estate shall be accomplished
by ordinance, the first reading of this ordinance was held on August 10, 2021, and
the second reading of this ordinance was held on August 24, 2021.
3. That the execution of a Lease Agreement with Dotcom
to lease 40 parking spaces in a parking lot located at 200 East Calhoun Street,
Salem, Virginia, for use by DSS staff and clients is hereby authorized.
4. That the lease term shall commence on September 1, 2021, and
continue for a period of six months, with the option to renew for an additional
successive six-month periods, upon the same terms and conditions contained in the
Agreement, unless terminated as provided in the agreement.
5. That the rent shall be the sum of $1,500 per month during the initial six-
month term.
6. That the County Administrator, or an Assistant County Administrator, is
authorized to execute such documents and take such actions on behalf of the Board
of Supervisors in this matter as are necessary to accomplish the lease of this
property, all of which shall be approved as to form by the County Attorney.
8. That this ordinance shall be effective on and from the date of its
adoption.
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DEED of LEASE
WHEREAS, .com Properties, IV, LLC
Salem, Virginia, including commercial parking spaces located behind a building owned by
the Board of Supervisors of Roanoke County, Virginia for its Department of Social
Services ; and
WHEREAS, .com purchased commercial property previously owned by Union Bank
& Trust and assumed the existing lease between Union Bank and Roanoke County for such
parking spaces; and
WHEREAS, Roanoke County Department of Social Services has offices
near commercial property in Salem, Virginia and needs access to additional parking
spaces for its employees;
And WHEREAS, the County and .com have reached an agreement for the County to
lease parking spaces from .com for use by County employees, and the parties have agreed
to the following terms:
W I T N E S S E T H
This DEED OF LEASE, made and entered into this ________ day of September,
2021, by and between .COM PROPERTIES, IV, LLC, Grantor, hereinafter referred to as
,
political subdivision of the Commonwealth of Virginia, its successors or assigns, Grantee,
.
That for and in consideration of the premises and the mutual covenants contained
herein, the parties agree as follows:
1. Leased Premises. The Landlord hereby rents and leases to the Tenant, in
accordance with the terms and conditions set forth in this Agreement, the following real
property, herein referred to as tremises,-wit:
A portion of that tract or parcel of real estate containing forty (40) parking
spaces of a parking lot located at 200 E. Calhoun Street, Salem, Virginia,
bounded by Calhoun Street and Colorado Street, said parcel designated as
City of Salem Tax Map #106-13-9 (attached as ).
2. Term of Lease. The term of this lease shall be for a period of six (6) months,
said term to commence on September 1, 2021, and continue through February 28, 2022.
The Tenant shall have the option to renew this Lease for six (6) additional months
commencing March 1, 2022 and continuing until August 31, 2022, upon the same terms and
conditions contained in this Agreement; said lease may be renewed by providing written
notice to the Landlord on or before March 31, 2022. Either party may terminate this lease by
providing ninety days written notice unless the Premises are sold by the Landlord. In that
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case, Termination Notice will be sixty (60) days written notice from the Purchase Contract
Effective Date.
3. Rental. The Tenant shall pay as rent the sum of One Thousand Five
Hundred Dollars per month for the initial six-month term. Rent shall be payable each month
in advance by Tenant to Landlord at the address designated herein, or by electronic transfer
of funds,
appropriations being made for such purpose by the governing body of the County of
Roanoke.
4. Taxes. During the term of this Lease, Landlord shall remain responsible for
the payment of all taxes and assessments imposed on the Premises, provided, however,
that Tenant agrees to pay the amount of any real estate tax increase which is directly
attributable to improvements made to the premises by the Tenant.
5. Use and Possession. It is understood and agreed by the parties that the
Premises are to be used, during the term of this lease, for the purpose of parking or storing
motor vehicles, and may include the construction of certain improvements by the Tenant for
any related purposes. Any structures or other improvements placed upon the property by
the Tenants shall remain the property of the Tenant and may be removed at any time prior to
the expiration of this Agreement, but such removal shall not be deemed an abandonment or
storage facilities for petroleum products on the property.
6. Condition. The Tenant has examined and knows the condition of the
Premises and accepts same in its current condition. Tenant acknowledges that no
representation as to the condition or repair of the Premises thereof has been made by the
Landlord, except as provided for herein. The Premises shall be returned to the Landlord at
the expiration of this lease in its current condition and state of repair, with allowance for
ordinary wear and tear.
7. Liabilities. During the term of this Lease, Tenant will provide and pay for all
utilities which may be necessary to Tenant for the reasonable and proper use and enjoyment
of the demised premises by the Tenant. Landlord agrees to grant such approvals to the
utility companies as may be necessary for the installation of utility services.
8. Insurance. Tenant covenants that it shall, during the term of this lease, keep
in full force and effect a policy of general liability insurance or such comparable self-
insurance as may be authorized by the laws of the Commonwealth of Virginia with limits of at
least $1,000,000 for personal injury to or death of any one person and $2,000,000 for injury
to or death of more than one person in any one occurrence and $100,000 for property
damage.
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9. Landlord Covenants. Landlord covenants and represents that it has the full
and complete ownership of the leased Premises; that it has the full power and right to
execute this lease and to perform the obligations hereunder; that no private restrictions exist
with respect to the said premises or the use thereof; that no one, exclusive of the Landlord
and Tenant and their respective successors in interest, has any interest in or claim against
the leased premises; and that the proposed use of the leased premises by the Tenant is
lawful and permissible under all laws and regulations.
10. Notices. All written notices required or permitted by this Lease Agreement
may be delivered in person or shall be sent by certified mail, return receipt requested
(postage prepaid) to the Landlord or Tenant at the following addresses:
Landlord: Richard C. Bishop
.com Properties, IV, LLC
1401 Coulter Drive, NW
Roanoke, VA 24012
Tenant: Board of Supervisors of Roanoke County
Attn: Doug Blount, Director
Department of General Services
1206 Kessler Mill Road
Salem, VA 24153
11. Agent. Landlord acknowledges that no real estate agent was involved in this
transaction and agrees to indemnify and hold Tenant harmless from any claim for a
12. Modification. This Agreement represents the entire understanding between
the parties and may not be modified or changed except by written instrument executed by
the parties.
13. Governing Law. This Agreement shall be construed pursuant to the laws of
the Commonwealth of Virginia and shall be binding upon the parties hereto, their heirs,
personal representatives, successors and assigns.
14. Authority. This Lease Agreement is executed by the County Administrator of
Roanoke County by authority and on behalf of the Board of Supervisors of Roanoke County,
Virginia, pursuant to Ordinance #__________________________ adopted by said Board on
the ________ day of August, 2021.
15. Indemnification. Landlord shall indemnify Tenant and hold Tenant harmless
from and against any and all claims, actions, damages, liability and expense (including
without limitation, fees of attorneys, investigators and experts) in connection with the loss of
life, personal injury or damage to property caused to any person in or about the Premises or
occasioned wholly or in part by any act or omission of Landlord, its agents, contractors,
employees, licensees or invitees; unless such loss, injury or damage was caused solely by
the negligence of Tenant, its agents, employees, licensees or invitees. Tenant agrees that it
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maintains liability and other applicable insurance policies for any covered acts that may
assigns.
16. Execution. This Agreement shall be executed in duplicate, each of which
shall constitute an original.
WITNESS the following signatures and seals:
Approved as to form: BOARD OF SUPERVISORS OF ROANOKE
COUNTY
___________________________ By:___________________________________
County Attorney
County Administrator
Commonwealth of Virginia,
County of Roanoke, to-wit:
The foregoing instrument was acknowledged before me this ______ day of
_________________________, 2021, by , County Administrator, on
behalf of the Board of Supervisors of Roanoke County, Virginia, Tenant.
______________________________________
Notary Public
My commission expires:
__________________
.COM PROPERTIES, IV, LLC
By:___________________________________
Richard Bishop
Title___________________________________
Commonwealth of Virginia,
City/County of ___________, to-wit:
The foregoing instrument was acknowledged before me this ______ day of
_____________________________, 2021, by Richard Bishop on behalf of .com Properties,
IV, LLC, Landlord.
______________________________________
Notary Public
My commission expires:
__________________
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ACTION NO.
ITEM NO. E.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 10, 2021
AGENDA ITEM: Ordinance authorizing the granting of a new fift
drainage easement to the Board of Supervisors of Roanoke
County on property owned by Fred L. Haynes, Jr. and Terri
K. Haynes (Tax Map No. 095.01-02-41.00-0000), located at
7186 Bent Mountain Road, for the purpose of drainage
improvements, Windsor Hills Magisterial District
SUBMITTED BY: Tarek Moneir
Director of Development Services
APPROVED BY:
County Administrator
ISSUE:
Ordinance authorizing the granting of a new fifteen foot (15') drainage easement to
the Board of Supervisors of Roanoke County on property owned by Fred L. Haynes,
Jr., and Terri K. Haynes (Tax Map No. 095.01-02-41.00-0000) for the purpose of
drainage improvements, Windsor Hills Magisterial District.
BACKGROUND:
Fred L. Haynes and Terri K.
acres (more and less) drainage easement to the Roanoke County Board of Supervisors
located on Tap Max No. 095.01-02-41.00-0000 as shown on the attached plat.
DISCUSSION:
The easement is necessary for the installation and maintenance of an adequate
drainage system to prevent flooding of an adjacent home east of the subject property.
Staff met with the Virginia Department of Transportation and it was felt that constructing
an adequate outfall was the best solution. Our drainage crew will be making the
necessary improvements within the drainage easement.
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Once this drainage easement is accepted by Roanoke County and improvements
completed, Roanoke County will assume the responsibility for ongoing maintenance.
FISCAL IMPACT:
There is no additional fiscal impact associated with this agenda item. The County will
maintain the structures within the drainage easement utilizing existing funding
designated for stormwater maintenance within the Department of Development
Services budget.
There have been no changes since the first reading of the ordinance on July 27, 2021.
STAFF RECOMMENDATION:
Staff recommends approval of this ordinance.
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PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney
VSB # 88094
Office of the County Attorney
5204 Bernard Drive
Roanoke, VA 24018
This instrument is exempt from the imposition of fees and taxes pursuant to § 58.1-811(A)(3) and
§ 17.1-266 of the Code of Virginia (1950), as amended.
Roanoke County Tax Map No: 095.01-02-41.00-0000
Property Owners: Fred L. Haynes, Jr. and Terri K. Haynes
THIS DEED OF EASEMENT is entered into this ________ day of ______________,
20__, by and between FRED L. HAYNES, JR. and TERRI K. HAYNES, Grantors, and the
BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision
of the Commonwealth of Virginia, Grantee.
W I T N E S S E T H
That for and in consideration of the sum of Ten Dollars ($10.00), paid in hand at and with
the execution and delivery of this Deed, and other good and valuable consideration, the receipt,
adequacy and sufficiency of which is hereby acknowledged, Grantor does hereby GRANT and
CONVEY unto the Grantee, its successors and assigns, the following described real estate for
drainage purposes:
A to construct,
install, improve, operate, inspect, use, maintain, and repair or replace a drainage
system, together with related improvements, including slope(s), if applicable,
together with the right of ingress and egress thereto from a public road, upon,
over, under, and across a tract or parcel of land belonging to Fred L. Haynes, Jr.
and Terri K. Haynes, Grantors, shown and designated a
upon the Plat EASEMENT PLAT FOR
ROANOKE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES
prepared by Caldwell White Associates, dated June 7, 2021 and revised on June
10, 2021, said parcel being designated on the Roanoke County Land Records as
Tax Map # 095.01-02-41.00-0000. The location of said easement is more
particularly described on the plaExhibit A
incorporated herein.
Page 1 of 5
The drainage easement being for the installation and maintenance of a drainage system,
and to allow for necessary grading and storage during any phase of construction, reconstruction,
repair or replacements of the improvements to the drainage system, the location of which is set
forth on the plat. The Grantee agrees to restore and repair any actual damage to Grantor
property that may be directly caused by the construction, reconstruction, or maintenance of said
project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected
to restore the property to the identical original condition, but rather as near thereto as is
practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration.
It is expressly agreed between the parties hereto that the Grantee and its agents have the
right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery,
undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that
in any way endanger or interfere with the proper use of the same. The Grantor covenants that no
building or structure shall be erected upon or within the easement herein granted or placed in
such location as to render said easement inaccessible. In the event that this covenant is violated,
the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such
improvements if damaged or removed.
The Grantor acknowledges that the plans for the aforesaid project as they affect Grantor
property have been fully explained to Grantor. The fixtures, facilities, lines, utilities, and any
other improvements placed upon, under, or across the easement by the Grantee shall remain the
property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any
easement or right-of-way now in existence or which may be acquired in the future.
The Grantor covenants and agrees for themselves, and for their successors and assigns
that the consideration aforementioned and the covenants herein shall be in lieu of any and all
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claims to compensation and damages by reason of the location, construction, operation,
maintenance, or reconstruction of or within the easement area.
The grant and provision of this Deed of Easement shall constitute a covenant running
with the land for the benefit of the Grantee, its successors and assigns forever.
, County Administrator of Roanoke County, Virginia, hereby joins
in the execution of this instrument to signify the acceptance by the Board of Supervisors of the
interest in the real estate conveyed herein pursuant to Action No. _________________ adopted
by the Board of Supervisors of Roanoke County, Virginia, on the _______ day of
__________________, 20__.
WITNESS the following signatures and seals:
By____________________________________
FRED L. HAYNES, JR.
State of Virginia
County/City of , to-wit:
The foregoing instrument was acknowledged before me this ____ day of ______________
20__, by Fred L. Haynes, Jr.
_______________________________________
Notary Public
My commission expires: _______________
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By____________________________________
TERRI K. HAYNES
State of Virginia
County/City of , to-wit:
The foregoing instrument was acknowledged before me this ____ day of ______________
20__, by Terri K. Haynes.
_______________________________________
Notary Public
My commission expires: _______________
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BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By____________________________________
, County Administrator
State of Virginia
County of Roanoke, to-wit:
The foregoing instrument was acknowledged before me this ____ day of ______________
20__, by nnell, County Administrator, on behalf of the Board of Supervisors of
Roanoke County, Virginia.
_______________________________________
Notary Public
My commission expires: _______________
Approved as to form:
_______________________________
County Attorney
Page 5 of 5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 10, 2021
ORDINANCE AUTHORIZING THE GRANTING OF A NEW FIFTEEN (15)
FOOT DRAINAGE EASEMENT TO THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, ON PROPERTY OWNED BY FRED L. HAYNES,
JR AND TERRI K. HAYNES (TAX MAP NO. 095.01-02-41.00-0000),
LOCATED AT 7186 BENT MOUNTAIN ROAD, FOR THE PURPOSE OF
DRAINAGE IMPROVEMENTS, WINDSOR HILLS MAGISTERIAL
DISTRICT
WHEREAS, it appears that improvements to a drainage system located at 7186
Bent Mountain Road (Tax Map No. 095.01-02-41.00-0000), in the Windsor Hills
Magisterial District, are needed; and
WHEREAS, in order to assist the property owner in making such drainage system
improvements, the County has requested that the property owner grant a new fifteen (15)
foot easement to the County; and
WHEREAS, the property owner has agreed to convey the new fifteen (15) foot
drainage easement to the County; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on July 27, 2021, and the second reading and was
held on August 10, 2021.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the conveyance of a new fifteen (15) foot drainage easement by Fred
L. Haynes, Jr. and Terri K. Haynes to the Roanoke County Board of Supervisors, in the
Page 1 of 2
Windsor Hills Magisterial District, located at 7186 Bent Mountain Road (Tax Map No.
095.01-02-41.00-0000), is hereby authorized and approved.
2. That the County Administrator, or any Assistant County Administrator,
either of whom may act, are authorized to execute, deliver and record the deed, and any
other documents on behalf of the County, and to take all such further action as any of
them may deem necessary or desirable in connection with this project. The form of the
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. E.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 10, 2021
AGENDA ITEM: Ordinance authorizing the granting of a new three hundred
and ten square foot (310 S.F.) drainage easement to the
Board of Supervisors of Roanoke County, on property
owned by Stephen R. Stimeling, II (Tax Map No. 038.11-05-
01.00-0000) located at 303 Vista Avenue, for the purpose of
drainage improvements, Hollins Magisterial District
SUBMITTED BY: Tarek Moneir
Director of Development Services
APPROVED BY:
County Administrator
ISSUE:
Ordinance granting of a new 310 square foot (310 S.F.) drainage easement to the
Board of Supervisors of Roanoke County on property owned by Stephen R.
Stimeling, II (Tax Map No. 038.11-05-01.00-0000) for the purpose of drainage
improvements in the Hollins Magisterial District.
BACKGROUND:
Mr. Stephen R. Stimeling, II is granting a new 310 square foot storm drain easement to
the Roanoke County Board of Supervisors located on Tax Map No. 038.11-05-01.00-
0000 as shown on the attached plat property located at 303 Vista Avenue, in the Hollins
Magisterial District.
DISCUSSION:
The easement is necessary for the installation and maintenance of an adequate
a stormwater conveyance system for this area of Oakland Boulevard was not
completed. As a result, the existing drainage system becomes overwhelmed creating
erosion and, at times, makes the roadway impassable.
Page 1 of 2
The Virginia Department of Transportation will be participating in this project by
providing new structures (drop inlets, manholes, pipes) and pavement work. However,
Roanoke County drainage crews will be performing the construction and installation of
the new structures.
Once this drainage easement is accepted by Roanoke County and improvements
completed, Roanoke County will assume responsibility for ongoing maintenance.
There have been no changes since the first reading of the ordinance on July 27, 2021.
FISCAL IMPACT:
There is no additional fiscal impact associated with this agenda item. The County will
maintain the structures within the drainage easement utilizing existing funding
designated for stormwater maintenance within the Department of Development
Services budget.
STAFF RECOMMENDATION:
Staff recommends approval of the attached ordinance.
Page 2 of 2
PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney
VSB # 88094
Office of the County Attorney
5204 Bernard Drive
Roanoke, VA 24018
This instrument is exempt from the imposition of fees and taxes pursuant to § 58.1-811(A)(3) and
§ 17.1-266 of the Code of Virginia (1950), as amended.
Roanoke County Tax Map No: 038.11-05-01.00-0000
Property Owner: Stephen R. Stimeling, II
THIS DEED OF EASEMENT is entered into this ________ day of ______________,
20__, by and between STEPHEN R. STIMELING, II, Grantor, and the BOARD OF
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, Grantee.
W I T N E S S E T H
That for and in consideration of the sum of Ten Dollars ($10.00), paid in hand at and with
the execution and delivery of this Deed, and other good and valuable consideration, the receipt,
adequacy and sufficiency of which is hereby acknowledged, Grantor does hereby GRANT and
CONVEY unto the Grantee, its successors and assigns, the following described real estate for
drainage purposes:
A 310 square foot storm drain easement to construct, install, improve, operate,
inspect, use, maintain, and repair or replace a drainage system, together with
related improvements, including slope(s), if applicable, together with the right of
ingress and egress thereto from a public road, upon, over, under, and across a tract
or parcel of land belonging to Stephen R. Stimeling, II, Grantor, shown and
310 Sq. Ft. STORM DRAIN EASEMENT TO BE CONVEYED
TO THE COUNTY OF ROANthe Plat EASEMENT PLAT
FOR COUNTY OF ROANOKE, VIRGINIA SHOWING 310 Sq. Ft. OF STORM
DRAIN EASEMENT BEING CONVEYED TO THE COUNTY OF ROANOKE,
prepared by Caldwell White
Associates, dated May 13, 2021, said parcel being designated on the Roanoke
County Land Records as Tax Map # 038.11-05-01.00-0000. The location of said
Exhibit A
and by reference incorporated herein.
Page 1 of 4
The drainage easement being for the installation and maintenance of a drainage system,
and to allow for necessary grading and storage during any phase of construction, reconstruction,
repair or replacements of the improvements to the drainage system, the location of which is set
forth on the plat. The Grantee agrees to restore and repair any actual damage to Grantor
property that may be directly caused by the construction, reconstruction, or maintenance of said
project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected
to restore the property to the identical original condition, but rather as near thereto as is
practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration.
It is expressly agreed between the parties hereto that the Grantee and its agents have the
right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery,
undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that
in any way endanger or interfere with the proper use of the same. The Grantor covenants that no
building or structure shall be erected upon or within the easement herein granted or placed in
such location as to render said easement inaccessible. In the event that this covenant is violated,
the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such
improvements if damaged or removed.
The Grantor acknowledges that the plans for the aforesaid project as they affect Grantor
property have been fully explained to Grantor. The fixtures, facilities, lines, utilities, and any
other improvements placed upon, under, or across the easement by the Grantee shall remain the
property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any
easement or right-of-way now in existence or which may be acquired in the future.
The Grantor covenants and agrees for themselves, and for their successors and assigns
that the consideration aforementioned and the covenants herein shall be in lieu of any and all
Page 2 of 4
claims to compensation and damages by reason of the location, construction, operation,
maintenance, or reconstruction of or within the easement area.
The grant and provision of this Deed of Easement shall constitute a covenant running
with the land for the benefit of the Grantee, its successors and assigns forever.
, County Administrator of Roanoke County, Virginia, hereby joins
in the execution of this instrument to signify the acceptance by the Board of Supervisors of the
interest in the real estate conveyed herein pursuant to Action No. _________________ adopted
by the Board of Supervisors of Roanoke County, Virginia, on the _______ day of
__________________, 20__.
WITNESS the following signatures and seals:
By____________________________________
STEPHEN R. STIMELING, II
State of Virginia
County/City of , to-wit:
The foregoing instrument was acknowledged before me this ____ day of ______________
20__, by Stephen R. Stimeling, II.
_______________________________________
Notary Public
My commission expires: _______________
Page 3 of 4
BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By____________________________________
, County Administrator
State of Virginia
County of Roanoke, to-wit:
The foregoing instrument was acknowledged before me this ____ day of ______________
20__, by , County Administrator, on behalf of the Board of Supervisors of
Roanoke County, Virginia.
_______________________________________
Notary Public
My commission expires: _______________
Approved as to form:
_______________________________
County Attorney
Page 4 of 4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 10, 2021
ORDINANCE AUTHORIZING THE GRANTING OF A NEW THREE
HUNDRED AND TEN SQUARE FOOT (310 S.F.) DRAINAGE EASEMENT
TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON
PROPERTY OWNED BY STEPHEN R. STIMELING, II (TAX MAP NO.
038.11-05-01.00-0000), LOCATED AT 30 VISTA AVENUE, FOR THE
PURPOSE OF DRAINAGE IMPROVEMENTS, IN THE HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, it appears that improvements to a drainage system located at 30 Vista
Avenue (Tax Map No. 038.11-05-01.00-0000), in the Hollins Magisterial District, are
needed; and
WHEREAS, in order to assist the property owner in making such drainage system
improvements, the County has requested that the property owner grant a new 310 square
foot drainage easement to the County; and
WHEREAS, the property owner has agreed to convey the new 310 square foot
drainage easement to the County; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on July 27, 2021, and the second reading was
held on August 10, 2021.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the conveyance of a new 310 square foot drainage easement by
Stephen R. Stimeling, II to the Roanoke County Board of Supervisors, in the Hollins
Page 1 of 2
Magisterial District, located at 30 Vista Avenue (Tax Map No. 038.11-05-01.00-0000), is
hereby authorized and approved.
2. That the County Administrator, or any Assistant County Administrator,
either of whom may act, are authorized to execute, deliver and record the deed, and any
other documents on behalf of the County, and to take all such further action as any of
them may deem necessary or desirable in connection with this project. The form of the
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. E.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 10, 2021
AGENDA ITEM: Ordinance authorizing and approving a ground lease
addendum between Roanoke County and Eagle American,
LLC on Twelve O'Clock Knob Road
SUBMITTED BY: Susan Slough
Asst. Director for Communications
APPROVED BY:
County Administrator
ISSUE:
Approval of lease agreement with Eagle American, LLC for placement of critical
emergency communications equipment on Twelve O'Clock Knob Road.
BACKGROUND:
Section 18.04 of the Charter of Roanoke County requires the acquisition of any interest
in real estate shall be approved by the Board by ordinance.
The County provides public safety services to its citizens and places various
communications equipment at non-County locations to facilitate communications
throughout the County. Given the topography of the County, such equipment is most
effective when placed in specific locations around the county. The Twelve O'Clock Knob
location has been a viable spot for placement of the equipment to support the public
safety infrastructure.
The County has re-negotiated a long-standing contract with Eagle American, LLC for a
ground lease for such equipment as it provides public safety services to persons in the
County.
Page 1 of 2
DISCUSSION:
The leased premises consist of 1,000 square feet of parcel and is located at 3351
Twelve O'Clock Knob Road in Roanoke County
The term of the lease shall be a period of five (5) years and commence on August 1,
2021 and terminating on July 31, 2026.
There have been no changes since the first reading of this ordinance on July 27, 2021.
FISCAL IMPACT:
The County shall pay as rent the sum of one thousand dollars ($1,000) per month for
first year of the lease. Rent shall increase fifty dollars ($50) per month during each
successive renewal year.
STAFF RECOMMENDATION:
Staff recommends approving the attached ordinance.
Page 2 of 2
DEED OF LEASE
WHEREAS, Eagle American, LLC is the owner of a certain parcel of property in
Roanoke County, which parcel is more fully described herein, that the Board of Supervisors
of Roanoke County has leased for placement of certain critical emergency
communications equipment since 2004; and
WHEREAS, Eagle American, LLC is a successor in interest to the prior landowner
and landlord; and
WHEREAS, the County, through its Communications-Information Technology staff,
has determined that the continued placement of
emergency communications infrastructure; and
WHEREAS, the County and Eagle American, LLC have reached an agreement for the
County to continue leasing space on the Eagle American, LLC property for the County
communications equipment, the parties have agreed to the following terms, which shall
supersede and replace the terms of any prior agreements regarding the placement of County
communications equipment:
W I T N E S S E T H
This DEED OF LEASE, made and entered into this 1st day of August, 2021, by and
between EAGLE AMERICAN, LLC, Lessor,
BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision
of the Commonwealth of Virginia, its successors or assigns, Grantee, hereinafter referred to
County.
That for and in consideration of the premises and the mutual covenants contained
herein, the parties agree as follows:
1. Leased Premises. The Landlord hereby rents and leases to the County, in
accordance with the terms and conditions set forth in this Agreement, the following real
property, herein referred to as tremises,-wit:
A portion of that tract or parcel of real estate located on 3351 Twelve lock
Knob Road, in Roanoke County, consisting of 1,000 square feet, in the County
of Roanoke, located at Latitude 37-15-12, Longitude 80-04-56, as depicted on
Exhibit A, attached hereto.
2. Term of Lease. The term of this lease shall be for a period of five (5) years,
said term to commence on August 1, 2021 and continue through July 31, 2026. Neither party
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may terminate this five-year lease. Upon expiration of this five-year term, County shall have
the option to renew this Lease for five (5) additional years in successive one (1) year terms,
commencing August 1, 2026 and continuing until July 31, 2031, upon the same terms and
conditions contained in this Agreement with exception to the Rental amount stated in
paragraph 3; said lease may be renewed by providing written notice to the Landlord on or
before the 1st day of February 2022. The successive renewals may be terminated at the end of
each one (1) year term by either party by providing a six (6) months written notice. If the
Premises are sold by the Landlord, termination Notice will be ninety (90) days written notice
from the Purchase Contract Effective Date.
3. Rental. The County shall pay as rent the sum of One Thousand Dollars
($1,000.00) per month for first year of the lease. Rent shall increase Fifty Dollars ($50) per
month during each successive renewal year. Rent shall be payable each month in advance by
County to Landlord at the address designated herein, without demand therefor. County
obligation to pay amounts due herein is subject to annual appropriations for such purpose
from the governing body of the County of Roanoke. The schedule of montrent is more
specifically set forth below:
Original five (5) vear term:
$1000.
August 1, 2021 to July 31,
$1050.
August 1, 2022 to July 31,
$1100.
August 1, 2023 to July 31,
$1150.
August 1, 2024 to July 31,
$1200.
August 1, 2025 to July 31,
Successive renewal one (l ) year
terms:
$1250.
$1300.
August 1, 2027 to July 31,
$1350.
August 1, 2028 to July 31,
$1400.
August 1, 2029 to July 31,
$1450.
August 1, 2030 to July 31,
4. Taxes. The County is a tax-exempt political subdivision of the
Commonwealth of Virginia. County-exempt status shall not inure to the benefit of
Landlord. During the term of this Lease, Landlord shall remain responsible for the payment
of all applicable local, state and federal taxes including, but not limited to, real estate taxes
and assessments.
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5. Use and Possession. It is understood and agreed by the parties that the
Premises are to be used, during the term of this lease, for the purpose of locating and
installing County and may include the construction
of certain improvements by the County for any related purposes. Any structures or other
improvements placed upon the property by the County shall remain the property of the
County and may be removed at any time prior to the expiration of this Agreement, but such
removal shall not be deemed an abandonment or waiver of County
Agreement. Upon the expiration of this lease, County shall, at County, remove any
above ground improvements from the premises, unless County and Landlord make an
agreement for any or all improvements to remain on the premises. County shall have the right
to sublease any portion of the leased premises; however, no sublease shall relieve the County
of any of its obligations under this Lease. County shall remit to Landlord twenty-five percent
(25%) of the sub-lease revenue received by County for the Premises.
6. Condition. The County has examined and knows the condition of the
Premises and accepts same in its current condition. County acknowledges that no
representation as to the condition or repair of the Premises thereof has been made by the
Landlord, except as provided for herein. The Premises shall be returned to the Landlord at the
expiration of this lease in its current condition and state of repair, with allowance for ordinary
wear and tear. Landlord represents and warrants to County that Landlord has never generated,
stored, handled, disposed of any hazardous waste or hazardous substance upon the Leased
Premises, and that Landlord has no knowledge of such uses historically having been made of
the Leased Premises or such substances having been introduced on Leased Premises.
7. Improvements. The communications equipment including, without
limitation, antennas, conduits, and other improvements shall be at County expense, and
installation shall be at the discretion and option of County. County shall have the right to
replace, repair, add or otherwise modify its communications equipment, antennas, conduits or
other improvements or any portion thereof and the frequencies over which the
communications equipment operates, whether or not any of the communications equipment,
antennas, conduits or other improvements are listed on Exhibit A.
8. Liabilities. During the term of this Lease, County will provide and pay for all
utilities which may be necessary for the reasonable and proper use of the leased premises by
the County. Landlord agrees to grant such approvals to the utility companies as may be
necessary for the installation of utility services. County shall notify the Landlord of any
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needed maintenance on the access road. Landlord and County shall agree to necessary
maintenance and shared costs for same.
9. Insurance. County covenants that it shall, during the term of this lease, keep
in full force and effect a policy of general liability insurance or such comparable self-
insurance as may be authorized by the laws of the Commonwealth of Virginia with limits of
at least $1,000,000 for personal injury to or death of any one person and $2,000,000 for
injury to or death of more than one person in any one occurrence and $100,000 for property
damage.
10. Landlord Covenants. Landlord covenants and represents that it has the full
and complete ownership of the leased Premises; that it has the full power and right to execute
this lease and to perform the obligations hereunder; that no private restrictions exist with
respect to the said premises or the use thereof; that no one, exclusive of the Landlord and
County and their respective successors in interest, has any interest in or claim against the
leased premises; and that the proposed use of the leased premises by the County is lawful and
permissible under all laws and regulations.
11. Notices. All written notices required or permitted by this Lease Agreement
may be delivered in person or shall be sent by certified mail, return receipt requested (postage
prepaid), to the Landlord or County at the following addresses:
Landlord: Eagle American, LLC
P.O. Box 907
Salem, VA 24153
County: Board of Supervisors of Roanoke County
Attn: Bill Hunter, Director
Communications and Information Technology Department
5925 Cove Road
Roanoke, VA 24019
12. Agent. Landlord acknowledges that no real estate agent was involved in this
transaction and agrees to indemnify and hold County harmless from any claim for a
commission by reason of any action on Landlord
13. Modification. This Agreement represents the entire understanding between
the parties and may not be modified or changed except by written instrument executed by the
parties.
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14. Governing Law. This Agreement shall be construed pursuant to the laws of
the Commonwealth of Virginia and shall be binding upon the parties hereto, their heirs,
personal representatives, successors and assigns.
15. Authority. This Lease Agreement is executed by the County Administrator of
Roanoke County by authority and on behalf of the Board of Supervisors of Roanoke County,
Virginia, pursuant to Ordinance #____________________ adopted by said Board on the
________ day of ________________, 2021.
16. Indemnification. Landlord shall indemnify County and hold County
harmless from and against any and all claims, actions, damages, liability and expense
(including without limitation, fees of attorneys, investigators and experts) in connection with
the loss of life, personal injury or damage to property caused to any person in or about the
Premises or occasioned wholly or in part by any act or omission of Landlord, its agents,
contractors, employees, licensees or invitees; unless such loss, injury or damage was caused
solely by the negligence of County, its agents, employees, licensees or invitees. County
agrees that it maintains liability and other applicable insurance policies for any covered acts
that may result from negligent acts or omissions of County
assigns.
17. Right of First Refusal. If at any time after the Effective Date, Landlord
receives an offer or letter of intent from any person or entity that is in the business of owning,
managing or operating communications facilities, or is in the business of acquiring Landlord
interests in agreements relating to communications facilities, to purchase fee title, an
easement, a lease, a license, or any other interest in the Premises or any portion thereof or to
acquire any interest in this Agreement, or an option for any of the foregoing, Landlord shall
provide written notice to County LandlordLandlord
any other
consideration being offered, the other terms and conditions of the offer, a description of the
portion of and interest in the Premises and/or this Agreement which will be conveyed in the
proposed transaction, and a copy of any letters of intent or form agreements presented to
Landlord by the third party offeror. County shall have the right of first refusal to meet any
bona fide offer of sale or transfer on the terms and conditions of such offer or by effectuating
a transaction with substantially equivalent financial terms. If County fails to provide written
notice to Landlord that County intends to meet such bona fide offer within 30 days after
receipt of LandlordLandlord may proceed with the proposed transaction in
accordance with the terms and conditions of such third party offer, in which event this
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Agreement shall continue in full force and effect, and the right of first refusal described in
this paragraph shall survive any such conveyance to a third party. If County provides
Landlord with notice of County
receipt of LandlordLandlord
greater space than the Premises, County may elect to proceed with a transaction covering
only the Premises, and the purchase price shall be pro-rated on a square footage basis.
Further, Landlord acknowledges and agrees that if County exercises this right of first refusal,
County may require a reasonable period of time to conduct due diligence and effectuate the
closing of a transaction on substantially equivalent financial terms of the third party offer.
County may elect to amend this Agreement to effectuate the proposed financial terms of the
third party offer rather than acquiring fee simple title or an easement interest in the Premises.
For purposes of this Paragraph, any transfer, bequest or devise of Landlord's interest in the
Property as a result of the death of Landlord, whether by will or intestate succession, or any
conveyance to Landlord
for the benefit of family members, shall not be considered a sale for which County has any
right of first refusal.
18. Rights Upon Sale. Should Landlord, at any time during the Term, decide (i)
to sell or otherwise transfer all or any part of the Property, or (ii) to grant to a third party by
easement or other legal instrument an interest in and to any portion of the Premises or
Easement, such sale, transfer, or grant of an easement or interest therein shall be under and
subject to this Agreement, and any such purchaser or transferee shall recognize County's
rights hereunder. In the event that Landlord completes any such sale, transfer, or grant
described in this paragraph without executing an assignment of the Agreement whereby the
third party agrees in writing to assume all obligations of Landlord under this Agreement, then
Landlord shall not be released from its obligations to County under this Agreement, and
County shall have the right to look to Landlord and the third party for the full performance of
the Agreement.
19. Execution. This Agreement shall be executed in duplicate, each of which
shall constitute an original.
WITNESS the following signatures and seals:
Approved as to form: BOARD OF SUPERVISORS
OF ROANOKE COUNTY
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________________________________ By__________________________________
County Attorney
County Administrator
Commonwealth of Virginia,
County of Roanoke, to-wit:
The foregoing instrument was acknowledged before me this ______ day of
_____________________________, 2021, by , County Administrator.
_____________________________________
Notary Public
My commission expires: ___________
Registration No. __________________
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EAGLE AMERICAN, LLC
By__________________________________
Sherrill L. Smith
Member of Eagle American, LLC
Commonwealth of Virginia,
County of Roanoke, to-wit:
The foregoing instrument was acknowledged before me this ______ day of
___________________________, 2021, by Sherrill L. Smith.
_____________________________________
Notary Public
My commission expires: ___________
Registration No. __________________
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, AUGUST 10, 2021
ORDINANCE AUTHORIZING AND APPROVING A GROUND LEASE
ADDENDUM BETWEEN ROANOKE COUNTY AND EAGLE AMERICAN,
WHEREAS, Roanoke County and Eagle American, LLC
wish to enter into an addendum of an existing ground lease whereby the County
will continue to lease approximately
Road at Latitude 37-15-12, Longitude 80-04-56 in Roanoke County, more particularity
depicted on Exhibit A of the Lease, together with the non-exclusive right of ingress and
egress to the Leased Premises over the existing gravel access and private driveway for
purposes of maintaining an existing emergency communications tower and facility with
supporting equipment; and
WHEREAS, the location of the tower is a site that is critical for emergency
communications infrastructure; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on July 27, 2021
and the second reading was held on August 10, 2021.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. The 2021 ground lease addendum between Roanoke County and Eagle
American, LLC be approved.
Page 1 of 2
2. That the County Administrator or an Assistant County Administrator is hereby
authorized to execute a lease agreement on behalf of the Board of Supervisors
of Roanoke County and to execute such other documents and take such further
actions as are necessary to accomplish this transaction, all of which shall be
upon form and subject to the conditions by the County Attorney.
3. That this ordinance shall be effective on and from the date of its adoption.
Page 2 of 2
ACTION NO.
ITEM NO. E.4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 10, 2021
AGENDA ITEM: Ordinance authorizing the acquisition of one-half (1/2)
interest in three parcels of real property containing
approximately 34 acres adjacent to Explore Park, located in
Roanoke County and in Bedford County; and authorizing
execution of a purchase agreement, a deed of conveyance,
and other documents necessary to accomplish the
acquisition of this real estate
SUBMITTED BY: Lindsay B. Webb
Parks Planning and Development Manager
APPROVED BY:
County Administrator
ISSUE:
Ordinance authorizing the acquisition of one-half (1/2) interest in three parcels of real
property containing approximately 34 acres adjacent to Explore Park, located in
Roanoke County and in Bedford County; and authorizing execution of a purchase
agreement, a deed of conveyance, and other documents necessary to accomplish the
acquisition of this real estate
BACKGROUND:
Roanoke County has operated Explore Park since 2013 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. 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 north of the Roanoke River
Page 1 of 4
within the boundaries of Explore Park. These parcels are co-owned by the VRFA and
Betty W. Mayes, who each own a half-interest (50%) in each of the three parcels. Two
of the parcels are located in Bedford County and one of the parcels is located in
Roanoke County, as shown on the attached map and summarized below:
Tax Map 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
· 2021 Assessed Value: $16,700
Tax Map Number 172-A-14A
· 8.05 deeded acres; wooded; undeveloped
· Located in Bedford County
· 2021 Assessed Value: $16,100
Tax Map Number 172-A-42
· 12.10 deeded acres; wooded; undeveloped
· Located in Bedford County
· 2021 Assessed Value: $64,400
Ms. Mayes approached Roanoke County expressing her willingness to sell her half-
interest in the three parcels. Roanoke County submitted a grant application in 2018 to
the Virginia Outdoors Foundation (VOF) Forest CORE Program for acquisition of Ms.
Mayes half-interest in the three parcels. The VOF awarded a grant to Roanoke
County in the amount of $165,450.00 for the purchase -
interest. On December 15, 2020, the Roanoke County Board of Supervisors approved
an ordinance accepting and appropriating $165,450.00 from the VOF for the purchase
of Ms. Mayes' half-interest in the three parcels. On January 7, 2021, a grant agreement
was executed between Roanoke County and the VOF for acquisition of Ms. Mayes'
interest in the parcels.
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.
DISCUSSION:
Page 2 of 4
Following execution of the grant agreement, staff began negotiating with Ms. Mayes on
a real estate purchase agreement, in accordance with the VOF requirements. On June
15, 2021, Ms. Mayes agreed to a purchase price of $58,600, which is based upon half
of the 2021 real estate assessment values for the three parcels, plus $10,000. Staff are
requesting that the Board of Supervisors approve an ordinance allowing execution of
the real estate purchase agreement, a deed of conveyance (with any changes as
approved by the County Attorney's Office), and any documents necessary to complete
uisition of Ms. Mayes' half-interest in the three parcels.
Following approval of the ordinance from the Board of Supervisors, staff will proceed
with procurement of the due diligence items required by the VOF Forest CORE grant
program to acquire the half-interest in the parcels, including a survey, appraisal, title
report, and environmental assessment of the parcels. These services will be performed
to the satisfaction of County and VOF requirements in advance of a real estate closing
and recordation of a deed of conveyance
The deeds will need to be adjusted to include a specific legal description once a survey
and plat of the three parcels is finalized. The deeds may also need to be adjusted to
include necessary open space and forest management restrictions after staff receives
input from the VOF. These are changes which will all be approved by the County
There have been no changes since the first reading of this ordinance.
FISCAL IMPACT:
The VOF Forest CORE Program provides one-hundred percent (100%) of the costs
associated with the land acquisition, including the appraisals, survey, environmental
assessments, title reports, and closing costs. The funding was appropriated by the
Board of Supervisors on December 15, 2020.
Per the grant agreement executed on January 7, 2021, the VOF grant funds distributed
shall not exceed the approved appraised value of the three properties acquired plus
eligible costs incurred (i.e., survey, appraisal, title report, environmental assessment,
closing, and recordation), not to exceed the total grant amount of $165,450. The grant
funds may be released in stages as each of the parcels are acquired and subsequent
required enhancement activities occur. Roanoke County staff will request
reimbursement for eligible grant expenses after the half-interest is acquired from Ms.
Mayes.
Roanoke County Parks, Recreation and Tourism will contribute up to $10,000 from the
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Recreation Fee Class account to fund any costs that the VOF Forest CORE Program
does not provide reimbursement for or is necessary for the land acquisition process
above the grant funding total of $165,450.
STAFF RECOMMENDATION:
Staff recommends approval of this ordinance.
Page 4 of 4
THIS AGREEMENT OF SALE AND PURCHASE
entered into this _____ day of ____, 2021 , by and between BETTY W.
MAYES, whose address is and the
ROANOKE COUNTY BOARD OF SUPERVISORS, of the County of Roanoke, Virginia, a
political subdivision of the Commonwealth of Virginia, whose address is 5204 Bernard Drive,
Roanoke, Virginia 24018 The parties acknowledge that no real estate broker was
involved in this transaction. Purchaser, through its employees, has negotiated directly with Seller.
RECITALS
Seller is the owner of one-half (1/2) interest in the following three (3) unimproved parcels
of real property:
(1) Parcel 1, located in Roanoke County, Virginia, bearing County of Roanoke Tax
Map No. 080.00-05-17.00-0000, and ;
(2) Parcel 2, located in Bedford County, Virginia, bearing County of Bedford Tax Map
; and
(3) Parcel 3, located in Bedford County, Virginia, bearing County of Bedford Tax Map
No. 172 A 42, and containing approximately 12.10
The remaining one-half (1/2) interest in Parcel 1, Parcel 2, and Parcel 3 are owned by the
Virginia Recreational Facilities Authority, a political subdivision of the Commonwealth of
Virginia.
Seller desires to sell her one-half (1/2) interest in Parcel 1, Parcel 2, and Parcel 3 to
Purchaser, and Purchaser desires to purchase the Property from Seller, on the terms and conditions
set forth in this Agreement.
WITNESSETH
Now, therefore, in consideration of the premises and of the mutual covenants set forth
herein, the parties agree as follows:
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(1) Sale and Purchase. In consideration of the sum of Fifty Eight Thousand Six
in cash (by wire transfer of good funds or bank check) in full, at the Closing hereinafter provided
for, Seller hereby agrees to sell, and agrees to grant and convey to Purchaser, and Purchaser hereby
agrees to purchase, and agrees to accept conveyance of, the Property from Seller, on the terms and
subject to the conditions of this Agreement.
(2) Right of Access for Inspections.
(a) Between the Effective Date and the date which is ninety (90) days after the
Effective Date , Purchaser and its agents and
contractors shall have the right of free access to and entry upon the Property for
the purpose of making such surveys, inspections, surface and subsurface
explorations, tests, borings, appraisals, and other site evaluations and analyses
as Purchaser may desire to make. Purchaser shall (i) indemnify Seller and hold
Seller harmless from and against any loss, cost, damage, or liability arising out
contractors of the rights granted by this paragraph (2), to the extent allowed
under the laws of the Commonwealth of Virginia, and (ii) if Closing does not
occur under this Agreement, at its expense, restore the Property substantially to
its condition immediately prior to those tests and inspections.
(b) If Closing does not occur, Purchaser shall deliver to Seller copies of the results
of any and all such surveys, tests, and studies not later than ten (10) days after
termination or expiration of the Inspection Period.
(c) Purchaser may, at any time prior to the end of the Inspection Period (including
on the final day of the Inspection Period), by written notice to Seller terminate
this Agreement, for any reason or no reason. If Purchaser does not terminate
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this Agreement before the expiration of the Inspection Period, then Purchaser
shall be deemed to have waived its rights to terminate the Agreement under this
paragraph (2).
(3) Title Examination. Purchaser shall, at its expense, obtain such examination of the
title to the Property as Purchaser shall deem necessary or advisable. Should any title examination
indicate that Seller cannot convey to Purchaser good and marketable fee simple title to the
Property, other than because of liens in a total amount less than the Purchase Price which can be
satisfied by the payment of money deducted from the Purchase Price at Closing, then Purchaser
shall give Seller written notice of any conditions, restrictions or encumbrances which Purchaser
Seller will have a period of sixty (60) days from its
receipt of such notice to take such action as Seller wishes to take to cure the Title Exceptions (the
. solving and
removing the Title
Purchaser against loss resulting from the exception, on terms reasonably satisfactory to Purchaser.
If all Title Exceptions have not been cured within the Title Cure Period, then Purchaser shall have
the option either (i) to terminate this Agreement or (ii) to allow this Agreement to continue in
effect and to proceed with Closing with no reduction in the Purchase Price. Seller agrees that it
will not, from the Effective Date until the date of Closing, convey any rights in the Property
(including by lease) to any other person or entity without the specific written consent of Purchaser,
which consent Purchaser may grant, condition, or withhold in its sole discretion.
(4) Existing Lease. Seller and Purchaser acknowledge that the Property is currently
subject to a lease between the Virginia Recreational Facilities Authority and the Board of
Supervisors of Roanoke County, Virginia.
(5) Closing; Closing Costs. Closing shall take place on a date as agreed upon by Seller
and Purchaser, at a location in the City or County of Roanoke, Virginia, selected by Purchaser.
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At Closing, Purchaser
shall pay to Seller the Purchase Price and Purchaser shall also pay all closing costs except those
that are specifically provided in this paragraph (5) to be paid by Seller. At Closing, Seller shall
deliver to Purchaser a fully executed and notarized general warranty deed with modern English
covenants of title, conveying good and marketable fee simple title to the Property to Purchaser,
subject only to real estate taxes which are not yet delinquent and to such other Title Exceptions as
Purchaser shall have agreed in writing, prior to Closing, to accept or otherwise accepted in
accordance with paragraph (3). The deed shall convey the Property to Purchaser with all
appurtenances and by description based on the current survey obtained by Purchaser, or if
Purchaser has not obtained a current survey, by the description(s) set forth in the deed(s) conveying
the Property to Seller. Seller shall also deliver such other documents, instruments, certificates, and
affidavits as shall be reasonably and customarily required by Purchaser and its title insurer to
complete and evidence the purchase and sale transaction. Seller shall pay its .
Real estate taxes shall be prorated as of the date of the Closing.
(6) Risk of Loss. If after the expiration of the Inspection Period (and Purchaser not
having elected to terminate this Agreement during the Inspection Period), but prior to Closing the
Property is materially damaged by a casualty or the environmental condition of the Property is
materially and adversely changed (and such change is not due to the acts of Purchaser or its agents
or contractors), then, Purchaser shall have ten (10) business days within which to notify Seller
whether it wishes to (a) proceed to close and be entitled to an assignment of all insurance proceeds
at Closing; or (b) terminate this Agreement which shall have no further force or effect
except for any liability pursuant to the indemnity provisions of paragraph (2). For purposes of this
paragraph (6), the Property shall be considered materially damaged if the cost of repair or cure
exceeds Thirty Thousand and 00/100 Dollars ($30,000.00). Seller agrees that if the Property is
damaged within thirty (30) days of the Closing date as a consequence of an insured casualty for
4
which Seller has not commenced repair, then Seller will assign any insurance proceeds received
by Seller and associated with that casualty to Purchaser at Closing.
(7) Possession. Seller shall deliver exclusive possession of the Property to Purchaser
on the date of Closing and shall, prior to Closing, remove a
the Property.
(8) Assignment. Purchaser may assign its rights under this Agreement at any time prior
to the Closing date, in which case it shall give Seller written notice of assignment stating the name
and address of the assignee. In the event of an assignment, the assignee shall succeed to all of the
rights and obligations of the Purchaser under this Agreement.
(9) Notices. Any notice required or permitted to be given under this Agreement shall
be in writing, addressed to the parties at the addresses set forth above in the opening paragraph of
this Agreement, and sent either by certified mail, return receipt requested, via the United States
Postal Service, or by a nationally recognized overnight delivery service. The postmark date, in the
case of a mailed notice, or the date of deposit with the overnight delivery service, in the case of
use of an overnight courier, shall be the effective date of such notice. Any notice sent to Purchaser
shall be addressed to the Roanoke
(10) Default.
(a) If Purchaser is ready, willing and able to close and tenders closing on the date
set for Closing, but Seller fails to deliver to Purchaser on or before the Closing
date the executed deed and other Closing documents required by paragraph (5)
above and/or is unable to deliver to Purchaser exclusive possession of the
Property as required by paragraph (7) above and to proceed with Closing, then
Seller shall be in default under this Agreement.
(b) If Seller is ready, willing and able to close on the date set for Closing, but
Purchaser fails to close, then Purchaser shall be in default under this Agreement.
5
(c) Prior to the exercise of any default remedies, the non-defaulting party shall
provide written notice of any default(s) to the defaulting party (the
default(s). If the defaulting party does not cure the default(s) or does not
respond to the Default Notice, then the non-defaulting party may pursue any
legally available remedies provided by law.
(12) . Seller represents and warrants to Purchaser that: (a) Seller is
the sole testate or intestate heir to the one-half (1/2) interest in Parcel 1, which is currently titled
in the name of her late husband, and that Seller will take all steps necessary to secure good and
marketable fee simple title to the Property prior to the Closing and provide proof thereof to
Purchaser; (b) Seller has full right and power to enter into and perform her obligations under this
Agreement; (c) this Agreement constitutes the valid and binding agreement of Seller and is fully
enforceable in accordance with its terms; (d) there are no actions, suits or proceedings at law or in
equity pending, threatened against, or affecting the Property before or by any federal, state,
municipal, or other governmental department, commission, board, bureau, agency, or
instrumentality; and (e) to the best of Seller's actual knowledge: no toxic or hazardous materials
(as said terms are defined in any applicable federal or state laws) have been used, discharged or
stored on or about the Property in violation of said laws, no such toxic or hazardous materials are
now or will be at Closing located on or below the surface of the Property, and there are no
petroleum storage tanks located on or beneath the surface of the Property.
(13) Agents and Brokers. Each party represents and warrants that it did not consult or
deal with any agent or broker with regard to this Agreement or the transaction contemplated herein
and, to the extent permitted by law, each party hereto agrees to indemnify and hold harmless the
6
that may arise by reason of any claim, demand or suit of any agent or broker arising out of facts
constituting a breach of the foregoing representation and warranty.
(14) Entire Agreement; Amendment; Governing Law. This Agreement contains the
entire agreement of the parties with respect to its subject matter, and it shall not be amended except
by a written amendment signed by both Seller and Purchaser. It shall be governed by and construed
under the laws of the Commonwealth of Virginia, and any actions or suits relating to this
Agreement shall be brought in the courts of the County of Roanoke.
(15) Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon and enforceable against the parties hereto and their respective personal
representatives, heirs, successors and assigns.
WITNESS the signatures and seals of the parties as of the date first above written:
Seller: BETTY W. MAYES
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF _____________________________, TO WIT:
I, __________________________________, a Notary Public for the Commonwealth of
Virginia, hereby certify that BETTY W. MAYES personally appeared before me this day and
acknowledged the foregoing instrument.
WITNESS my hand and official seal this ______ day of _________________, 20____.
____________________________
Notary Public
My commission expires: _____________________
7
Purchaser: ROANOKE COUNTY BOARD OF
SUPERVISORS
By:
Daniel R.
Title: County Administrator
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF _____________________________, TO WIT:
I, __________________________________, a Notary Public for the Commonwealth of
Virginia, hereby certify that personally appeared before me this day
and acknowledged the foregoing instrument.
WITNESS my hand and official seal this ______ day of _________________, 20____.
____________________________
Notary Public
My commission expires: _____________________
8
Mayes/VRFA (Tax Map No. 172-A-14A, 8.05 acres)
Mayes/VRFA (Tax Map No. 172-A-42, 12.10 acres)
Mayes/VRFA (Tax Map No. 080.00-05-17.00-0000,13.95 acres)
´
Explore Park
National Park Service
Jurisdictional Boundary
Railroad Tracks
Roanoke River
Feet
08001,6003,200
Back Creek
Proposed Property Acquisition from Betty W. Mayes
Roanoke County, VA 2019, Source: Esri, Maxar, GeoEye, Earthstar
Virginia Outdoors Foundation Forest CORE Grant Fund
Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the
June 15, 2021
GIS User Community
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.
2
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
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, AUGUST 10, 2021
ORDINANCE AUTHORIZING THE ACQUISITION OF ONE-HALF (1/2)
INTEREST IN THREE PARCELS OF REAL PROPERTY CONTAINING
APPROXIMATELY 34 ACRES ADJACENT TO EXPLORE PARK,
LOCATED IN ROANOKE COUNTY AND IN BEDFORD COUNTY; AND
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT, A DEED
OF CONVEYANCE, AND OTHER DOCUMENTS NECESSARY TO
ACCOMPLISH THE ACQUISITION OF THIS REAL ESTATE
WHEREAS, Betty W. Mayes is the owner of one-half (1/2) interest in three
parcels of property, containing approximately 34 acres, located in Roanoke County
(identified as Roanoke County Tax Map Number 080.00-05-17.00-0000) and in Bedford
County (identified as Bedford County Tax Map Numbers 172 A 14A and 172 A 42); and
WHEREAS, the remaining one-half (1/2) interest in the three parcels is owned by
the Virginia Recreational Facilities Authority, a political subdivision of the
Commonwealth of Virginia; and
WHEREAS, Betty W. Mayes has agreed to sell her one-half (1/2) interest in the
three parcels collectively to Roanoke County for $58,600.00; and
WHEREAS, the Virginia Outdoors Foundation has awarded Roanoke
County $165,450.00 in grant funds for the purchase of the one-half (1/2) interest in the
three parcels which are adjacent to Explore Park; and
WHEREAS, on December 15, 2020, the Board of Supervisors appropriated
$165,450.00 from the VOF for the purchase of the three parcels; and
WHEREAS, the three parcels will be used to manage the property as part of
Explore Park, remaining forested and largely undeveloped, except for trails and similar
facilities for outdoor recreation; and
Page 1 of 3
WHEREAS, the Board of Supervisors of Roanoke County has determined that it
is in the public interest to acquire a one-half (1/2) interest in these three parcels; and
WHEREAS, § 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 to be held on July 27, 2021, and the second reading to be held on
August 10, 2021;
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acquisition of approximately 34 acres located in Roanoke County
(identified as Roanoke County Tax Map Number 080.00-05-17.00-0000) and
in Bedford County (identified as Bedford County Tax Map Numbers 172 A
14A and 172 A 42) is hereby authorized and approved at the purchase price
of $58,600.00.
2. Funding for the purchase and incidental costs to the acquisition is available in
the grant fund, which was created pursuant to Ordinance 121520-6
whereby the Board accepted and appropriated $165,450.00 from the VOF for
the purchase of the land.
3. That the County Administrator or Assistant County Administrator are hereby
authorized to execute such documents, including but not limited to the
purchase agreement, the deeds of conveyance (with any changes as
, and any other documents
necessary to accomplish the acquisition and to take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition
Page 2 of 3
of this real estate, all of which shall be approved as to form by the County
Attorney.
4. That this ordinance is to be in full force and effect upon its passage.
Page 3 of 3
PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney
VSB # 88094
Office of the County Attorney
5204 Bernard Drive
Roanoke, VA 24018
Consideration: ___________
Assessed Value: __________
Title Insurance: Fidelity National Title Insurance Company
Bedford County Tax Map Numbers: 172 A 14A and 172 A 42
This instrument is exempt from the imposition of recordation taxes (other than those recordation taxes imposed by §
58.1-802) pursuant to § 58.1-811(A)(3) of the Code of Virginia (1950), as amended.
THIS DEED is made and entered into this _____ day of _______________, 20__, by and
between BETTY W. MAYES, party of the first part (, and the BOARD OF
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the
Commonwea.
WITNESSETH:
WHEREAS, Grantor has the authority to execute this Deed of conveyance; and
WHEREAS, Grantor is the owner of one-half (1/2) interest in the parcels of real estate that
are the subject of this Deed ies; and
WHEREAS, the remaining one-half (1/2) interest in the Properties is owned by the Virginia
Recreational Facilities Authority, a political subdivision of the Commonwealth of Virginia; and
WHEREAS, -half (1/2) interest in the Properties to
Grantee, and Grantee desires to purchase the Properties; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of ______________
($__________) cash in hand paid by Grantee unto Grantor, and other good and valuable
consideration, the receipt whereof is hereby acknowledged, Grantor does hereby bargain, sell,
grant and convey with General Warranty and Modern English Covenants of Title unto Grantee, all
1
of the following lot or parcels of land lying and being in the County of Bedford, Commonwealth
of Virginia, and more particularly described as follows:
PARCEL 2, located in Bedford County, Virginia, bearing County
of Bedford Tax Map No. 172 A 14A, and containing
approximately 8.05 acres (legal description to be updated once a
complete survey is done on the parcels to be purchased and a plat
is finalized)
PARCEL 3, located in Bedford County, Virginia, bearing County
of Bedford Tax Map No. 172 A 42, and containing approximately
12.10 acres (legal description to be updated once a complete
survey is done on the parcels to be purchased and a plat is
finalized)
This conveyance is made subject to all recorded easements, conditions, reservations, and
restrictions now affecting the Property.
WITNESS the following signatures and seals:
Page 2 of 4
GRANTOR:
BETTY W. MAYES
(SEAL)
STATE OF ____________________
CITY/COUNTY OF ________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
____________________, 20__, by Betty W. Mayes.
Notary Public
Commission Expires:
Registration Number:
Page 3 of 4
GRANTEE:
THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By: _________________________________
STATE OF ____________________
CITY/COUNTY OF ________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
____________________, 20__
Roanoke, Virginia.
Notary Public
Commission Expires:
Registration Number:
Approved as to form:
_____________________
County Attorney
Page 4 of 4
PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney
VSB # 88094
Office of the County Attorney
5204 Bernard Drive
Roanoke, VA 24018
Consideration: ___________
Assessed Value: __________
Title Insurance: Fidelity National Title Insurance Company
Roanoke County Tax Map Number: 080.00-05-17.00-0000
This instrument is exempt from the imposition of recordation taxes (other than those recordation taxes imposed by §
58.1-802) pursuant to § 58.1-811(A)(3) of the Code of Virginia (1950), as amended.
THIS DEED is made and entered into this _____ day of _______________, 20__, by and
between BETTY W. MAYES, party of the first part (, and the BOARD OF
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the
Commonwea.
WITNESSETH:
WHEREAS, Grantor has the authority to execute this Deed of conveyance; and
WHEREAS, Grantor is the owner of one-half (1/2) interest in the parcel of real estate that
is the subject of this Deed ; and
WHEREAS, the remaining one-half (1/2) interest in the Property is owned by the Virginia
Recreational Facilities Authority, a political subdivision of the Commonwealth of Virginia; and
WHEREAS, -half (1/2) interest in the Property to
Grantee, and Grantee desires to purchase the Property; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of ______________
($__________) cash in hand paid by Grantee unto Grantor, and other good and valuable
consideration, the receipt whereof is hereby acknowledged, Grantor does hereby bargain, sell,
grant and convey with General Warranty and Modern English Covenants of Title unto Grantee, all
1
of the following lot or parcel of land lying and being in the County of Roanoke, Commonwealth
of Virginia, and more particularly described as follows:
PARCEL 1, located in Roanoke County, Virginia, bearing County
of Roanoke Tax Map No. 080.00-05-17.00-0000, and containing
approximately 13.95 acres (legal description to be updated once a
complete survey is done on the parcels to be purchased and a plat
is finalized)
This conveyance is made subject to all recorded easements, conditions, reservations, and
restrictions now affecting the Property.
WITNESS the following signatures and seals:
Page 2 of 4
GRANTOR:
BETTY W. MAYES
(SEAL)
STATE OF ____________________
CITY/COUNTY OF ________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
____________________, 20__, by Betty W. Mayes.
Notary Public
Commission Expires:
Registration Number:
Page 3 of 4
GRANTEE:
THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By: _________________________________
STATE OF ____________________
CITY/COUNTY OF ________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
____________________, 20__
Roanoke, Virginia.
Notary Public
Commission Expires:
Registration Number:
Approved as to form:
_____________________
County Attorney
Page 4 of 4
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: August 10, 2021
AGENDA ITEM: Appointments to Committees, Commissions and Boards
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:
County Administrator
ISSUE:
Open district appointments
BACKGROUND:
1. Library Board (appointed by District)
The following District appointments remain open:
Vinton Magisterial District
Windsor Hills Magisterial District
2. Parks, Recreation and Tourism Advisory Commission (appointed by District)
The following appointments remain open:
Steve Hetherington's three (3) year term representing the Catawba Magisterial
District expired June 30, 2021.
June 30, 2019.
Rich Tomlinson's three (3) year term representing the Vinton Magisterial District
expired June 30, 2021.
Page 1 of 2
Murray Cook's three (3) year term representing the Windsor Hills Magisterial District
expired June 30, 2020.
There is also one open Windsor Hills Magisterial District appointee.
3. Social Services Advisory Board (appointed by District)
Jerry Canada represents the Hollins Magisterial District and his four-year term
expired July 31, 2021. Supervisor North has recommended the reappointment of
Mr. Canada to an additional four-year term to expire July 31, 2025. Confirmation of
this appointment has been added to the Consent Agenda.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
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,AUGUST 10, 2021
RESOLUTION APPROVINGAND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM G-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 August 10,
2021,designated as Item G-Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through3
inclusive, as follows:
1.Request to accept and allocate funds in the amount of $3,000 from the Virginia
Information Technology Agency for the Public Safety Answering Points (PSAP)
Educational Grant Program
2.Request to accept and allocate grant funds of $25,900 from Virginia Department
of Emergency Management (VDEM) for an Elections Security Grant
3.Confirmation of appointment to the Social Services Advisory Board (District)
Page 1of 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: August 10, 2021
AGENDA ITEM: Request to accept and allocate funds in the amount of
$3,000 from the Virginia Information Technology Agency for
the Public Safety Answering Points (PSAP) Educational
Grant Program
SUBMITTED BY: Susan Slough
Asst. Director for Communications
APPROVED BY:
County Administrator
ISSUE:
Request to accept and allocate funds in the amount of $3,000 in grant funding from the
Virginia Information Technology Agency Public Safety Access Point (PSAP) program.
BACKGROUND:
The Virginia Information Technologies Agency awards grant funds from 911 user taxes.
The purpose of the program is to financially assist Virginia primary Public Safety
Answering Points (PSAPs) with the purchase of equipment, services and training that
support the continuity and enhancement of wireless E-911.
DISCUSSION:
Each year the Roanoke County E-911 Center has applied for, and been awarded, an
educational grant, provided by the Virginia E-911 Services Board. This grant is used to
offset the expense of training.
FISCAL IMPACT:
Awarded grant funds total $3,000. No local matching funds are required.
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends accepting and allocating $3,000 for the Public Safety Access Point
grant program.
Page 2 of 2
DPNNPOXFBMUIpgWJSHJOJB
Virginia 9-1-1 Services Board
Saving lives through effective emergency management and homeland security.
“A Ready Virginia is a Resilient Virginia.”
ACTION NO.
ITEM NO. G.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 10, 2021
AGENDA ITEM: Request to accept and allocate grant funds of $25,900 from
Virginia Department of Emergency Management (VDEM) for
an Elections Security Grant
SUBMITTED BY: Maria Ward
Assist. Director for InformationTechnology
APPROVED BY:
County Administrator
ISSUE:
Accept and allocate an Elections Security Grant for $25,900 from the Virginia
Department of Emergency Management.
BACKGROUND:
The 2020 Homeland Security Grant Program (HSGP) allocated grants through the State
Homeland Security program (SHSP) and VDEM to local governments for prevention of
terrorism and to prepare the nation for threats and hazards that pose the greatest risk to
the security of the United States, including the priority area of enhancing cybersecurity,
which includes election security. Funds may be used for planning, training and
awareness, equipment, capital projects and exercises. Example project types include
cybersecurity risk assessments, vulnerability identification, and improvements to
cybersecurity of critical infrastructure to meet Certified Information Systems Auditor
(CISA) minimum levels.
DISCUSSION:
The County will use the grant funds on areas supporting elections cybersecurity,
identified through the annual Nationwide Cyber Security Review (NCSR), as needing
improvement. These include an annual network penetration test, a separate link for
connectivity to the Virginia Election and Registration Information System (VERIS), and
Page 1 of 2
assistance with development of Roanoke County-specific incident response planning
templates and test plans.
FISCAL IMPACT:
Awarded grant funds totaling $25,900, with no local match requirement.
STAFF RECOMMENDATION:
Staff recommends the acceptance and allocation of grant funds to the CommIT
department in the amount of $25,900 from VDEM.
Page 2 of 2
DPNNPOXFBMUI!PG!WJSHJOJB!
Efqbsunfou!pg!Fnfshfodz!Nbobhfnfou!
!
9711 Farrar Court, Suite 200, North Chesterfield, Virginia 23236
TEL 804.267.7600 TDD 804.674.2417 FAX 804.272.2046
CURTIS C. BROWN
State Coordinator of
Emergency Management
September 17, 2020
Mr.
County Administrator
Roanoke County
5925 Cove Road
Roanoke, VA 24019
RE: FY 2020 State Homeland Security Grant Program (SHSP)
Dear Mr. :
The Virginia Department of Emergency Management (VDEM) is pleased to announce
the allocation of a 2020 State Homeland Security Grant Program (SHSP) CFDA
97.067 from the U.S. Department of Homeland Security (DHS) Federal Emergency
Management Agency (FEMA). Appropriation authority for this program is The
Department of Homeland Security Appropriations Act, 2020 (Public Law 116-93). Your
locality has been allocated funding for:
EGMS Award Title: 2020 Homeland Security Grant Program
Proposal Title: Roanoke County Elections Cyber Security
Federal Grant Allocation: $25,900.00
Total Grant Award: $25,900.00
Obligation Period: October 01, 2020 to June 30, 2022
*This letter serves as notification of your allocation and is not an authorization to
incur expenditures. Funds will be formally awarded to your locality through a Grant
Agreement issued by VDEM upon its satisfactory review of your application package
Management System (eGMS).*
You must initiate these steps, described under Accessing Your Allocation, within 30
days from the date of this notification.
Mr.
Page 2 of 7
September 17, 2020
OPT-Out Notice
Complete and return this form via email to: vdemgrants@vdem.virginia.gov with the subject line:
-before October 16, 2020.
I do not want to be a recipient of the SHSP funds at this time, but reserve the right to enter the
program next fiscal year.
Please note that your decision will not be made effective until October 16, 2020
PRINT Name: ____________________________________________
Signature: ________________________________ Date: _____________
CITY/TOWN or COUNTY OFFICIAL MM/DD/YYYY
Program Objectives
The objective of the State Homeland Security Program is to assist state and local
preparedness activities that address high-priority preparedness gaps across all core
capabilities that support terrorism preparedness. All supported investments are based
on capability targets and gaps identified during the Threat and Hazard Identification
and Risk Assessment (THIRA) process, and assessed in the State Preparedness Report
(SPR).
The FY 2020 Homeland Security Grant Program (HSGP) supports state and local efforts
to prevent terrorism and other catastrophic events and to prepare the Nation for the
threats and hazards that pose the greatest risk to the security of the United States.
References to these priorities can be found throughout this document. The FY 2020
HSGP provides funding to implement investments that enhance terrorism preparedness
and serve to build, sustain, and deliver the 32 core capabilities essential to achieving the
National Preparedness Goal (the Goal) of a secure and resilient Nation. The allowable
costs under FY 2020 HSGP support the core capabilities across the five mission areas of
Prevention, Protection, Mitigation, Response, and Recovery.
Important Award Terms and Conditions
Subrecipients must comply with the following federal requirements:
FY 2020 Homeland Security Grant Program (HSGP) Notice of Funding
Opportunity
Homeland Security Grant Program (HSGP) NOFO
Mr.
Page 3 of 7
September 17, 2020
Department of Homeland Security Standard Terms and Conditions for 2020
DHS Standard Terms and Conditions
2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
2 CFR Part 200 Uniform Administrative Requirements
Management and Administration (M&A)
Your local emergency management agency may retain and use up to five percent of the
award for local management and administration purposes. M&A activities are those
directly related to managing and administering SHSP Program funds, such as financial
management and monitoring. It should be noted that salaries of local emergency
managers are not typically categorized as M&A, unless the local emergency
management agency chooses to assign personnel to specific M&A activities.
Indirect (Facilities & Administrative \[F&A\]) Costs
Indirect costs are allowable under this program, as described in 2 C.F.R. § 200.414. With
the exception of recipients who have never received a negotiated, indirect cost rate as
described in 2 C.F.R. § 200.414(f), recipients must have an approved indirect cost rate agreement
with their cognizant Federal agency to charge indirect costs to this award. A copy of the
ognizant Federal
agency) is required at the time of application, and must be provided to FEMA before indirect
costs are charged to the award.
Accessing Your Allocation
To access your allocation, you must complete the following steps within 30 days from
the date of this notification:
Step 1: Log in to the VDEM electronic Grants Management System (eGMS) at
https://www.ttegms.com/virginia/login.cfm to download your subaward acceptance documents
from the home page. Re-upload all required forms to eGMS. Read how to upload required forms
by clicking here to view the home page of your eGMS user account. Below is the list of required
items that comprise the VDEM subaward acceptance package:
Application Checklist \[cover sheet\]
SHSP Proposal Form
Online Budget (to be built and submitted in eGMS)
Mr.
Page 4 of 7
September 17, 2020
Points of Contact (POC) Form
FEMA Environmental and Historic Preservation (EHP) Screening Form
o All projects must comply with EHP requirements. Subrecipients must
not obligate and/or expend any (federal and/or non-federal matching)
funds on any project having the potential to impact environments
planning and historical preservation resources without the prior
approval of FEMA. For more information, please visit
http://www.vaemergency.gov/em-community/grants/ or contact your
Grants Administrator.
Grant Assurances Form
FEMA 20-16C Form
SF-LLL Certification Regarding Lobbying Form
**Federally Negotiated Indirect Cost Rate Agreement \[**Only required if you intend to
charge indirect costs. Must be valid for the period of performance and federally signed\]
Step 2: Log in to the VDEM electronic Grants Management System (eGMS) at
https://www.ttegms.com/virginia/login.cfm to complete and submit a budget
application for your allocation. If you do not have access to eGMS, please contact your
Grants Administrator.
\[Click on Grant Management, Budget Application, from the drop-down menu. Click the
link named 2020 State Homeland Security Grant Program (SHSP) to complete your
budget application.\]
Following review and approval of the budget by the Grants Administrator, notification
will be sent through an eGMS automated email message to the subrecipient point of
contact entered in the budget application.
FEMA FY20 National Priority Designation
FEMA has implemented four national priority services areas for the FY2020 funding
cycle. The new federal requirements necessitate a 5% contribution from each of the
following four national priority investment areas:
Enhancing Cyber Security (including election security) 5%
Enhancing protection of soft targets/crowded places 5%
Enhancing information and intelligence sharing 5%
Addressing emergent threats (such as unmanned aerial systems and weapons
of mass destruction) 5%
Due to the impacts of the COVID-19 pandemic, FEMA made accommodations to states
during the application submissions, but have placed a hold on funding for projects that
are identified as meeting a national priority in the project portfolio in the total of $1.7
million for SHSP. This hold is anticipated to remain until the Spring of 2021. This
Mr.
Page 5 of 7
September 17, 2020
allocation is designated in the national property category and is subject to the hold on
funding.
Reporting
Subrecipients are obligated to submit Quarterly Progress Reports as a condition of their
subaward. Quarterly progress reports must be uploaded directly into your eGMS
account within 15 days following the end of the quarter. The schedule for reporting is
as follows:
Timetable and Deadlines for 2020 HSGP Progress Reporting (includes SHSP, UASI
and NSGP subawards):
\[Quarter 1 of 7\] Time Period: October 1, 2020 to December 31, 2020
Quarter 1 Report Due: On or Before January 15, 2021
\[Quarter 2 of 7\] Time Period: January 1, 2020 to March 31, 2021
Quarter 2 Report Due: On or Before April 15, 2021
\[Quarter 3 of 7\] Time Period: April 1, 2021 to June 30, 2021
Quarter 3 Report Due: On or Before July 15, 2021
\[Quarter 4 of 7\] Time Period: July 1, 2021 to September 30, 2021
Quarter 4 Report Due: On or Before October 15, 2021
\[Quarter 5 of 7\] Time Period: October 1, 2021 to December 31, 2021
Quarter 5 Report Due: On or Before January 15, 2022
\[Quarter 6 of 7\] Time Period: January 1, 2022 to March 31, 2022
Quarter 6 Report Due: On or Before April 15, 2022
\[Quarter 7 of 7\] Time Period: April 1, 2022 to June 30, 2022
Quarter 7 Report Due: On or Before July 15, 2022
HSGP Final Progress Reports:
Due: On or Before July 30, 2022
Within 30 days following the end of the period of performance, subrecipients must
upload a Final Progress Report detailing all accomplishments throughout the period of
performance into their eGMS account. After these reports have been submitted,
reviewed and approved by the Grants Office and Chief Regional Coordinators, a close-
out notice will be issued which will indicate the period of performance as closed, list any
remaining funds that
will be deobligated, and address the record retention requirements for grant records.
The subrecipient must return any funds that have been drawn down, but remain
unliquidated in its financial records.
Mr.
Page 6 of 7
September 17, 2020
Period of Performance Extensions
Extensions to this program are allowed. Extensions to the initial period of performance
identified in the subaward will only be considered through formal, written requests
addressed to VDEM, and must contain specific and compelling justifications as to why an
extension is required. Subrecipients are advised to coordinate with the Grant Administrator, as
needed, when preparing an extension request. All extension requests must address the following:
1. Grant program, fiscal year, and subaward ID number in eGMS
2. Reason for delay that must include details of the legal, policy, or operational
challenges that prevent the final outlay of awarded funds by the applicable
deadline
3. Current status of the activity/activities
4. Approved period of performance termination date and new project completion
date
5. Amount of funds drawn down to date
6. Remaining available funds, both Federal and non-Federal
7. Budget outlining how remaining Federal and non-Federal funds will be
expended
8. Plan for completion, including milestones and timeframes for achieving each
milestone, and the position/person responsible for implementing the plan for
completion
9. Certification that the activity/activities will be completed within the extended
period of performance without any modification to the original Statement of
Work, as described in the approved budget
Extension requests will be granted only due to compelling legal, policy, or operational
challenges. Extension requests will only be considered for the following reasons:
Contractual commitments by the grant recipient with vendors or subrecipients
prevent completion of the project within the existing period of performance
The project must undergo a complex environmental review that cannot be
completed within existing period of performance
Projects are long-term by design and therefore acceleration would compromise
core programmatic goals
Where other special circumstances exist
Recipients must submit all extension requests to VDEM via upload into eGMS no later than 90
days prior to June 30, 2022.
Mr.
Page 7 of 7
September 17, 2020
Please initiate the steps described under Accessing Your Allocation within 30 days from
the date of this notification. If you have any questions regarding this award, please
contact James Turner in the Grants Office at 804-461-0022 or at
james.turner@vdem.virginia.gov .
Sincerely,
Cheryl Adkins
Chief Financial Officer
CA/jt
cc: Mr. Dustin Campbell, Deputy Chief
Ms. Maria Ward, Assistant Director for Information Technology
Mr. Ted Costin, Director of Regional Support, West Division
Mr. Mike Guzo, Chief Regional Coordinator, Region 6
ACTION NO.
ITEM NO. G.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 10, 2021
AGENDA ITEM: Confirmation of appointment to the Social Services Advisory
Board (District)
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:
County Administrator
ISSUE:
Confirmation of appointment.
BACKGROUND:
Jerry Canada represents the Hollins Magisterial District and his four-year term expired
July 31, 2021. Supervisor North has recommended the reappointment of Mr. Canada to
an additional four-year term to expire July 31, 2025.
STAFF RECOMMENDATION:
Staff recommends approval of the confirmation of this appointment.
Page 1 of 1
COUNTY OF ROANOKE, VIRGINIA
CHANGES IN OUTSTANDING DEBT
Changes in outstanding debt for the fiscal year to date were as follows:
Unaudited
OutstandingOutstanding
June 30, 2021AdditionsDeletionsAugust 10, 2021
VPSA School Bonds$74,515,490$-$8,552,438$65,963,052
Lease Revenue Bonds77,530,000--77,530,000
Subtotal152,045,490-8,552,438143,493,052
Premiums10,777,149--10,777,149
$162,822,639$-$8,552,438$154,270,201
Submitted ByLaurie L. Gearheart
Director of Finance and Management Services
Approved ByDaniel R. O'Donnell
County Administrator
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: August 10, 2021
AGENDA ITEM: Work session with the Roanoke County Board of
Supervisors and the Roanoke County School Board
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:
County Administrator
ISSUE:
This time has been set aside to hold a joint work session with the Roanoke County
Board of Supervisors and the Roanoke County School Board.
Page 1 of 1
AGENDA
Work Session
Roanoke County Board of Supervisors
and
Roanoke County School Board
3rdFloor Training Room
Roanoke County Administration Building
5204 Bernard Drive –Roanoke, Virginia 24018
August 10, 2021-5:00 p.m.
A.Call to Order:
1.Roanoke County Public Schools–Chairman Jason Moretz
B.Opening Remarks:
1.P. Jason Peters, Chairman, Roanoke County Board of Supervisors
2.Jason Moretz, Chairman, Roanoke County Schools
C.Introduction and Mission Discussion –Citizens CTE Committee
D.School Field Research:
a)Horry County, South Carolina –Dr. Nicely; Chris Lowe
b)Massanutten Technical Institute –SupervisorsNorth and Hooker
E.SiteSelection Criteria –Balzer Study
F.Report on discussion with Legislators regarding financing options/State support
G.Timelines for Sales Tax Referendum –Peter Lubeck, County Attorney
H.BCAT Open House –October 7, 2021 –Tentative Date
I.Adjournment
Page 1of 1
CTE CITIZEN COMMITTEE MEMBERS
Mike Altizer
Craig Balzer
WayneBower
Max Beyer
Lynn Carroll
Todd Foutz
Troy Henderson
Jean Hopstetter
Gene Rose
Steve Spangler
ACTION NO.
ITEM NO. L.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 10, 2021
AGENDA ITEM: Resolution establishing the Career and Technical Education
Citizen Advisory Committee and appointing representatives
to such committee
SUBMITTED BY: Peter S. Lubeck
County Attorney
APPROVED BY:
County Administrator
ISSUE:
Establishing the Career and Technical Education Citizen Advisory Committee and
appointments to such.
DISCUSSION:
the Roanoke County School Board, the establishment of a Career and Technical
Education Citizen Advisory Committee, including appointments to that committee will be
discussed.
This time has been set aside to consider a resolution prepared with the instructions from
the work session.
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, AUGUST 10, 2021
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each 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 1of 1