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HomeMy WebLinkAbout9/21/2021 - RegularRoanoke County Board of Supervisors September 21, 2021 NOTE: There is no 7:00 p.m. session as there are no public hearings scheduled for that time. INVOCATION: PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 5 Roanoke County Board of Supervisors Agenda September 21, 2021 Good afternoon and welcome to our meeting for September 21, 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 Friday at 7:00 p.m. and on Sunday at 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.qov. 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. BRIEFINGS 1. Briefing to introduce Frank Maguire, Greenway Coordinator, to the Board of Supervisors (Doug Blount, Director of General Services and Parks, Recreation and Tourism) D. NEW BUSINESS 1. Resolution approving Memorandum of Understanding among the City of Roanoke, Town of Vinton, County of Roanoke, County of Botetourt, World Triathlon Corporation and Roanoke Valley Convention and Visitors Bureau regarding the 2022-2023 IRONMAN 70.3 Race support services (Mary Beth Nash, Senior Assistant County Attorney) Page 2 of 5 2. Resolution requesting the Roanoke Valley Transportation Planning Organization fund a list of projects for the Fiscal Year 2023-2028 Surface Transportation Block Grant Program (Megan G. Cronise, Transportation Planning Administrator) 3. Resolution supporting an application for $1,300,000 of matched transportation funding through the Virginia Department of Transportation (VDOT) Fiscal Year 2023 and 2024 Revenue Sharing Program (Megan G. Cronise, Transportation Planning Administrator) E. PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Public Hearing and Resolution requesting the Commonwealth Transportation Board fund a Transportation Alternatives Set -Aside Program project in fiscal years 2023 and 2024 for the Glade Creek Greenway in Vinyard Park West (Megan G. Cronise, Transportation Planning Administrator) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission: 1. The petition of the Economic Development Authority of Roanoke County to rezone approximately 30.5 acres from AR, Agricultural/Residential, District, to 1-2, High Intensity Industrial, District, located at 5832 West River Road, Catawba Magisterial District G. FIRST READING OF ORDINANCES 1. Ordinance authorizing the issuance of not to exceed $22,440,000 General Obligation School Bonds of the County of Roanoke, Virginia, to be sold through the Virginia Public School Authority (VPSA) (Rebecca Owens, Assistant County Administrator) 2. Ordinance authorizing the granting of a new twenty -foot (20') sanitary sewer easement for residential development to the Western Virginia Water Authority on property owned by the Roanoke County Board of Supervisors, located on Crossbow Circle (Route 1290) near Elk Hill Drive (Route 1294), Cave Spring Magisterial District (Tarek Moneir, Director of Development Services) H. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding a proposed amendment to the fiscal year 2021-2022 budget in accordance with Code of Virginia Section 15.2-2507 (Laurie Gearheart, Director of Finance and Management Services) Page 3 of 5 I. SECOND READING OF ORDINANCES 1. Ordinance accepting and appropriating $11,465,194.98 in additional COVID-19 Grants for Roanoke County Public Schools (Rebecca Owens, Assistant County Administrator) 2. Ordinance authorizing the acquisition of permanent and temporary easements on property located at 2870 Riverview Road (Tax Map No. 071.03-01-03.00-0000) for development of the Roanoke River Greenway, Vinton Magisterial District (Doug Blount, Director of General Services and Parks, Recreation and Tourism) J. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance amending Roanoke County Code Chapter 15 for Parks and Recreation (Doug Blount, Director of General Services and Parks, Recreation and Tourism) K. APPOINTMENTS 1. Library Board (appointed by District) 2. Parks, Recreation and Tourism Advisory Commission (appointed by District) L. 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. Approval of minutes — June 8, 2021 2. Resolution granting a waiver to Hollins University under Section 13-23 of the Roanoke County Code to the provisions of the County's Noise Ordinance, Article II. Noise of Chapter 13. Offenses — Miscellaneous 3. Request to accept a donated canine from the Police Foundation valued at $8,500 for use by the Police Department's K9 Unit 4. Confirmation of appointments to the Library Board (by District) M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report Page 4 of 5 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of August 31, 2021 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of August 31, 2021 5. Accounts Paid — August 31, 2021 6. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of August 31, 2021 O. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. David F. Radford 2. Paul M. Mahoney 3. Martha B. Hooker 4. Phil C. North 5. P. Jason Peters P. WORK SESSIONS 1. Work session to review with the Board of Supervisors the preliminary and unaudited financial results for the fiscal year ending June 30, 2021, for the County of Roanoke, Virginia (Laurie Gearheart, Director of Finance and Management Services; Steve Elliott, Budget Manager) 2. Work session on to discuss American Rescue Plan Funds with the Board of Supervisors (Rebecca Owens, Assistant County Administrator) Q. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Briefing to introduce Frank Maguire, Greenway Coordinator, to the Board of Supervisors Doug Blount Director of General Services and Parks, Recreation Daniel R. O'Donnell County Administrator This time has been set aside to introduce Frank Maguire, the new Greenway Coordinator to the Board of Supervisors. Page 1 of 1 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: September 21, 2021 AGENDA ITEM: Resolution approving Memorandum of Understanding among the City of Roanoke, Town of Vinton, County of Roanoke, County of Botetourt, World Triathlon Corporation and Roanoke Valley Convention and Visitors Bureau regarding the 2022-2023 IRONMAN 70.3 Race support services SUBMITTED BY: APPROVED BY: ISSUE: Peter S. Lubeck County Attorney Daniel R. O'Donnell County Administrator Approval of Memorandum of Understanding for the 2022-2023 IRONMAN 70.3 Races BACKGROUND: Carilion Clinic and Visit Virginia's Blue Ridge ("VVBR") have worked with World Triathlon Corporation ("WTC") to plan for the IronMan triathlons to take place on June 5, 2022 and June 4, 2023, respectively. This MOU among the local governments directly affected by the triathlon sets forth the rights and responsibilities of WTC, VVBR, and the localities with regard to the event. Previously, WTC conducted a successful 70.3 triathlon in June 2021 in the Roanoke valley. DISCUSSION: The IronMan triathlon is a regional economic development opportunity for all localities involved. These events will highlight the area as a premier outdoor tourism destination. FISCAL IMPACT: The term of the MOU require WTC to reimburse localities for expenses incurred as a Page 1 of 2 result of the triathlons, including overtime for first -responders. It is anticipated that the events will have a positive fiscal impact for the region in terms of hotel, restaurant and other revenue associated with a large tourism event. STAFF RECOMMENDATION: Staff recommends approval of the MOU. Page 2 of 2 MEMORANDUM OF UNDERSTANDING AMONG CITY OF ROANOKE, TOWN OF VINTON, COUNTY OF ROANOKE, COUNTY OF BOTETOURT, WORLD TRIATHLON CORPORATION, AND ROANOKE VALLEY CONVENTION AND VISITORS BUREAU REGARDING 2022 AND 2023 IRONMAN 70.3 RACE SUPPORT SERVICES This Memorandum of Understanding ("Agreement") is made and entered into by and among the City of Roanoke, ("Roanoke City"); the Town of Vinton, ("Vinton"); the County of Roanoke, ("Roanoke County"); and the County of Botetourt, ("Botetourt"), each of which is a political subdivision or municipality of the Commonwealth of Virginia, (the "Participating Localities"), World Triathlon Corporation, a Florida corporation d/b/a IRONMAN ("WTC"), and Roanoke Valley Convention and Visitors Bureau D/B/A Visit Virginia's Blue Ridge, a Virginia nonstock corporation ("VVBR"). SECTION 1. BACKGROUND: World Triathlon Corporation, a Florida Corporation ("WTC") and its subsidiaries own and operate IRONMAN 70.3 — branded events. VVBR has entered into an agreement with WTC for WTC to conduct an IRONMAN 70.3 triathlon annually within the geographical boundaries of the Participating Localities; VVBR has agreed to provide limited financial support, WTC staff housing, and facilitation services for the triathlon in exchange for WTC's selecting Virginia's Blue Ridge as the destination venue, all as more particularly set forth in such agreement. VVBR's agreement with WTC shall in no way obviate or supersede WTC's obligations to obtain requisite permits and licenses within each Participating Locality. WTC and VVBR have requested the Participating Localities' assistance with the provision of support services for the triathlon events, and the Participating Localities are Page 1 of 18 willing to provide such services. The purpose of this Agreement is to set forth the parties' responsibilities as they pertain to the support services to be provided by the Participating Localities for the 2022 and 2023 triathlon events (collectively, the "Event"), to be held in Virginia's Blue Ridge on June 5, 2022 and June 4, 2023, respectively. SECTION 2. TERMS: A. VVBR's Responsibilities: 1. Assign a staff member to serve as the point person to represent the Participating Localities in all matters regarding the Event. Such VVBR point person shall not have the authority to bind the Participating Localities without their express, written consent thereto. 2. Provide copies of all non -privileged or otherwise proprietary documentation, agreements, and other writings, whether in electronic format or otherwise, in VVBR's possession, concerning the Event that is reasonably requested by the Participating Localities. 3. Serve as coordinator between WTC and the Participating Localities' Police Departments, Fire and Rescue Departments, Parks and Recreation Departments, and administrative officials (i.e. City, County, and Town Managers and their designees) in all appropriate future Event planning. This includes and is not limited to, providing the Participating Localities reasonable advance notice of relevant meetings, being copied on relevant correspondence between VVBR and WTC concerning the Event, and being invited to participate in relevant conference calls concerning the Event. Page 2 of 18 4. VVBR agrees that it will not commit or otherwise pledge any specific resources or assistance from any of the Participating Localities to the Event without the prior express, written approval of the Participating Locality. 5. VVBR shall indemnify, protect, defend and hold harmless WTC and the Participating Localities, and each of their respective shareholders, affiliates, directors, officers, employees, contractors, subcontractors, volunteers, representatives, and agents from and against any and all claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments, and expenses, including without limitation, attorneys' fees, court costs, and other legal expenses, arising out of, directly or indirectly, or in connection with: (i) any breach or alleged breach of any provision of this Agreement by VVBR or any representation or warranty made by the VVBR herein; or (ii) any negligent act or omission to act by VVBR , or any of its employees, servants, or agents. The obligations herein shall in full force and effect and shall survive the Termination Date of this Agreement. B. WTC's Responsibilities: 1. WTC shall apply for and obtain a special event permit from each of the Participating Localities ("Special Event Permit"), if required by applicable law. 2. WTC agrees that each Participating Locality will not be required to provide support services outside of the borders of their respective locality, unless approved by each respective Participating Locality. Page 3 of 18 3. WTC shall, throughout the Term, obtain and maintain its own comprehensive general liability insurance, workers' compensation and automobile liability insurance for the Event from an insurance company rated A or better by Moody's or AM Best for, without limitation, any and all claims of bodily injury, death, property damage, and advertising liability, and any and all litigation, mediation and settlement costs, related to any claims for or by any Event participants, volunteers, referees, officials, scorekeepers, spectators, sponsors, and staff with a minimum combined single limit equal to but not less than two million U.S. dollars ($2,000,000.00) per occurrence for any one incident or accident, and not less than five million U.S. dollars ($5,000,000.00) in aggregate, statutory limits for workers' compensation coverage which limits may be satisfied with any combination of primary and excess coverage; provided, that, any such excess coverage follows form of the primary coverage. WTC shall cause the Participating Localities -to be named as additional insureds under the required insurance policies, by endorsement, in connection with the Event. The insurance provider's certificate evidencing the foregoing required insurance must be provided to -Participating Localities at least thirty (30) days prior to the date of the Event. 4. WTC shall indemnify, protect, defend and hold harmless VVBR and the Participating Localities, and each of their respective shareholders, affiliates, directors, officers, employees, contractors, subcontractors, volunteers, representatives, and agents from and against any and all claims, liabilities, Page 4 of 18 losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments, and expenses, including without limitation, attorneys' fees, court costs, and other legal expenses, arising out of, directly or indirectly, or in connection with: (i) any breach or alleged breach of any provision of this Agreement by WTC or any representation or warranty made by WTC herein; or (ii) any negligent act or omission to act by WTC , or any of its employees, servants, agents or assigns. 5. WTC agrees that it will not commit or otherwise pledge any specific resources or assistance from any of the Participating Localities to the Event without the prior express, written approval of the Participating Locality. 6. WTC agrees that any route for the Event located within the Participating Localities' jurisdictions are selected by the Participating Localities in consultation with WTC, and that such land is used in its AS IS condition. WTC acknowledges that the Participating Localities make no warranties or representations regarding the suitability of the land for the Event. WTC acknowledges that the Participating Localities prefer and prioritize the use of the Blue Ridge Parkway for the bike -race route. WTC acknowledges if the Blue Ridge Parkway is not available for the route, WTC and the Participating Localities will work to select an alternate route agreed to by all parties, which agreement will not be unreasonably be denied, delayed, or conditioned by any party. 7. WTC will reimburse the Participating Localities for any direct out-of-pocket costs reasonably incurred in the provision of support services associated Page 5 of 18 with the Event, provided, however, that any such costs and rates must be itemized and pre -approved in writing by WTC. For purposes of this subsection, electronic mail shall constitute requisite approval. For purposes of this Agreement, support services shall include, but not be limited to, EMS, fire, police, and such other services requested in writing by WTC from the Participating Localities to conduct the Event and itemized estimates of all such costs shall be provided to WTC within fourteen (14) days after its request for such support services or as soon thereafter as such estimates may be reasonably calculated and provided. The reimbursement described in this Section shall be paid by WTC within thirty (30) days after the later of (a) the Event or (b) the date WTC has been provided with itemized invoices for such reimbursement costs. C. The Participating Localities' Responsibilities: With the respect to the Event, and at no cost to WTC (unless otherwise expressly stated below), Participating Localities shall, as the case may be, do, obtain, or provide (or cause to do, obtain, or provide) the following: 1. Assist in selection of an appropriate route for the triathlon; provided, however, the final route for the triathlon must be agreed to by all parties, which agreement will not unreasonably be denied, delayed or conditioned. 2. Once a route has been agreed upon by all parties, the Participating Localities will each create a list of landowners who own property adjacent and surrounding the route and shall provide such publicly available information to WTC and VVBR, which information may be used by WTC to Page 6 of 18 notify the property owners of the Event, at WTC sole cost, through WTC's Traffic Impact Notice program. 3. Provide police assistance (with matters such as road closures and traffic and crowd control) through the Participating Localities' Police or Sheriff's Departments, where applicable. Prior to the Event WTC and the Participating Localities' will use best efforts to mutually agree upon the scope of services and the rates to be paid by WTC (not to exceed the Participating Localities' standard rates) for the police assistance to be provided by the Localities' law enforcement personnel, including the localities' standard overtime rates where applicable. The Participating Localities' law enforcement personnel shall assist in providing assistance with road closures and traffic and crowd control, and as may further be provided in each of the Participating Localities' special events permits. All road closures shall be subject to approval by the Participating Localities' governing bodies, where applicable. As stated above in Section 2.B.2, law enforcement personnel will be assigned to provide assistance under this Section within their respective home jurisdictions unless otherwise agreed by the Participating Locality. 4. Provide emergency services for police and firefighting services through the Participating Localities' Police, Fire, and Rescue Departments, and as may further be provided in each of the Participating Localities' Special Events Permits. Page 7 of 18 5. Provide reasonable assistance to WTC in securing any necessary parks and other locations within each Participating Localities' jurisdiction for the purpose of storing materials and related equipment in connection with the Event. 6. Provide various reasonable resource needs to WTC associated with the Participating Localities' Parks and Recreation Departments. 7. The parties acknowledge that there may be additional responsibilities and obligations of the Participating Localities that are unique and specific to each Participating Locality that are not included herein, which may be included in the Special Event Permit WTC will be required to have with each Participating Locality. These additional terms will be discussed by the Participating Localities with WTC and VVBR closer to the Event as part of the planning process. SECTION 3. TERMINATION: Each of the Participating Localities reserves the right to withdraw their support, and cancel their participation in the agreement, prior to the Event, at any time, if WTC fails to submit information required to obtain a Special Event Permit or otherwise fails to reasonably fulfill any of its responsibilities, as set forth in Section 2B of this Agreement, after notice to WTC and providing WTC with thirty (30) days from the date of WTC's receipt of written notice to cure such breach, which breach shall be described in detail in such notice. SECTION 4. MODIFICATION: Page 8 of 18 This Agreement may only be modified in writing from time to time as deemed mutually desirable and acceptable to all parties, except the contact information, which may be modified as provided in Section 5. SECTION 5. NOTICE: Any notice, statement, or demand required or permitted to be given hereunder by either party to the other shall be in writing and shall be given personally or by courier, by overnight delivery service, by certified mail, return receipt requested, postage prepaid, or by confirmed (either machine or personal) facsimile transmission, addressed to the recipient as follows: Notices to Roanoke City shall be addressed as follows: Robert S. Cowell, Jr. Roanoke City Manager Noel C. Taylor Municipal Building, Suite 364 215 Church Avenue, SW Roanoke, VA 24011 Telephone: 540-853-8333 Email: bob.cowell@roanokeva.gov Notices to Roanoke County shall be addressed as follows: Daniel R. O'Donnell Roanoke County Administrator 5204 Bernard Drive, Suite 402 Roanoke, VA 24018 Telephone: 540-772-2017 Email: dodonnell@roanokecountyva.gov Notices to Vinton shall be addressed as follows: Richard W. Peters, Jr. Town Manager 311 S. Pollard St. Vinton, VA 24179 Telephone: 540-983-0607 Email: rpeters@vintonva.gov Notices to Botetourt County shall be addressed as follows: Gary P. Larrowe Page 9 of 18 County Administrator 57 South Center Dr., Ste. 200 Daleville, VA 24083 Telephone: 540-928-2006 Email: glarrowe@botetourtva.gov Notices to VVBR shall be addressed as follows: Landon C. Howard President 101 Shenandoah Avenue NE Roanoke, VA 24016 Telephone: 540-342-6025 Email: Ihoward@visitvbr.com Notices to WTC shall be addressed as follows: Attn: Chief Legal Officer 3407 W. Dr. Martin Luther King Jr. Blvd, Suite 100 Tampa, FL 33607 Telephone: 813-868-5940 Email: legal@ironman.com A party may modify its own contact information set forth in this section by giving notice to the other parties at the addresses set forth in this section. SECTION 6. EFFECTIVE DATE AND TERMINATION: This Agreement shall become effective as of the date when all parties have signed it, and shall remain in effect until the date that is thirty (30) days after 2023 Event, unless this Agreement is sooner terminated in accordance with the terms of this Agreement (the "Term"). SECTION 7. GOVERNING LAW; VENUE: This Agreement shall be governed in accordance with the laws of the Commonwealth of Virginia, excluding its choice of law provisions. The exclusive venue for any dispute arising out of this Agreement shall be in the state and federal courts located in the City of Roanoke, Virginia, and each party consents to the exclusive jurisdiction of such courts. Page 10 of 18 SECTION 8. FORCE MAJEURE: None of the parties to this Agreement shall be liable for failure to perform under this Agreement if such failure arises out of causes beyond control, and without the fault or the negligence of said party. Such causes may include, but are not restricted to, Act of God or the public enemy, fires, floods, epidemics, pandemic, public health emergency, quarantine restrictions, freight embargoes, and unusually severe weather. In every case, however, a failure to perform must be beyond the control and without the fault or the negligence of said party. SECTION 9. COVID-19 COMPLIANCE: VVBR, WTC, their employees, agents, successors, and assigns shall comply with state and federal laws, regulations, standards -of -industry, executive orders, and orders of public health agencies concerning the COVID-19 declared state of emergency with regard to the Event. The Participating Localities intend to protect the health and safety of their employees, agents, contractors, citizens, and others in the course of planning for and providing a venue and assistance for the Event. The COVID-19 pandemic is a rapidly evolving event. Mandates are based on the best available guidance at the time of issuance and are subject to change at any time. The parties will defer to ongoing guidance from the Virginia Department of Health (VDH), the Centers for Disease Control (CDC), and the Virginia Department of Labor and Industry (DOLI). The Parties to this Agreement shall confer regularly, but no less often than bi-weekly, regarding updated public health compliance requirements for the Event. SECTION 10. ENTIRE AGREEMENT: This Agreement, including any exhibits hereto, embodies the complete agreement of the parties hereto with respect to the subject matter described herein, and supersedes Page 11 of 18 all oral or written previous or contemporary agreements or understandings between the parties relating to any of the matters herein, except to the extent additional terms and conditions may be included in the Special Event Permits each of the Participating Localities will have with WTC. To the extent additional terms and conditions are contained in the Special Events Permits, such terms and conditions will not contradict the terms of this Agreement. For the avoidance of doubt, the parties' Memorandum of Understanding regarding the 2021 Event shall remain in full force and effect in accordance with its terms. [remainder of page intentionally blank] Page 12 of 18 IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized representatives. Date: COMMONWEALTH OF VIRGINIA City of Roanoke THE CITY OF ROANOKE By: Robert S. Cowell, City Manager to -wit: The foregoing instrument was acknowledged before me this day of , 2021, by Robert S. Cowell, the City Manager for the City of Roanoke, Virginia, for and on behalf of the City of Roanoke, Virginia. My commission expires: Notary Public Registration No. [remainder of page intentionally blank] Page 13 of 18 Date: COMMONWEALTH OF VIRGINIA County of Roanoke THE TOWN OF VINTON By: Richard W. Peters, Jr., Town Manager to -wit: The foregoing instrument was acknowledged before me this day of 2021, by Richard W. Peters, Jr., the Town Manager for the Town of Vinton, Virginia, for and on behalf of the Town of Vinton, Virginia. My commission expires: Notary Public Registration No. [remainder of page intentionally blank] Page 14 of 18 Date: COMMONWEALTH OF VIRGINIA County of Roanoke THE COUNTY OF ROANOKE By: Daniel R. O'Donnell, County Administrator to -wit: The foregoing instrument was acknowledged before me this day of 2021, by Daniel R. O'Donnell, the County Administrator for the County of Roanoke, Virginia, for and on behalf of County of Roanoke, Virginia. My commission expires: Notary Public Registration No. Approved to form: Office of the Roanoke County Attorney [remainder of page intentionally blank] Page 15 of 18 Date: COMMONWEALTH OF VIRGINIA County of Botetourt THE COUNTY OF BOTETOURT By: Gary Larrowe, County Administrator to -wit: The foregoing instrument was acknowledged before me this day of 2021, by Gary Larrowe, the County Administrator for the County of Botetourt, Virginia, for and on behalf of County of Botetourt, Virginia. My commission expires: Notary Public Registration No. [remainder of page intentionally blank] Page 16 of 18 Date: ROANOKE VALLEY CONVENTION AND VISITOR'S BUREAU, D/B/A VISIT VIRGINIA'S BLUE RIDGE By: Landon C. Howard, President COMMONWEALTH OF VIRGINIA ) City/County of ) to -wit: The foregoing instrument was acknowledged before me this day of , 2021, by Landon C. Howard, President of Roanoke Valley Convention and Visitors Bureau D/B/A Visit Virginia's Blue Ridge, for and on behalf of Roanoke Valley Convention and Visitors Bureau D/B/A Visit Virginia's Blue Ridge. My commission expires: Notary Public Registration No. [remainder of page intentionally blank] Page 17 of 18 Date: STATE OF FLORIDA County of WORLD TRIATHLON CORPORATION By: Shane Facteau, Chief Operating Officer to -wit: The foregoing instrument was acknowledged before me this day of 2021, by Shane Facteau, Chief Operating Officer of World Triathlon Corporation, for and on behalf of World Triathlon Corporation. My commission expires: Notary Public Registration No. [remainder of page intentionally blank] Page 18 of 18 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 21, 2021 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF ROANOKE, TOWN OF VINTON, COUNTY OF ROANOKE, COUNTY OF BOTETOURT, WORLD TRIATHLON CORPORATION AND ROANOKE VALLEY CONVENTION AND VISITORS BUREAU REGARDING THE 2022 AND 2023 IRONMAN 70.3 RACE SUPPORT SERVICES WHEREAS, the Board of Supervisors desires to authorize the County Administrator to execute a Memorandum of Understanding among the City of Roanoke, World Triathlon Corporation, Roanoke Valley Convention and Visitor's Bureau, Counties of Roanoke and Botetourt and the Town of Vinton for the Carilion Clinic lronman 70.3 Triathlon to be held on June 5, 2022 and June 4, 2023, respectively, in cooperation with Carilion Clinic, the main sponsor of the event. THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of the County of Roanoke as follows: 1. The Board of Supervisors hereby authorizes the County Administrator to execute a Memorandum of Understanding among the City of Roanoke, World Triathlon Corporation ("WTC"), Roanoke Valley Convention and Visitor's Bureau, Counties of Roanoke and Botetourt, and the Town of Vinton for the Carilion Clinic lronman 70.3 Triathlon to be held on June 5, 2022 and June 4, 2023, respectively, in cooperation with Carilion Clinic. 2. The Roanoke Valley Convention and Visitor's Bureau d/b/a Visit Virginia's Blue Ridge ("VVBR"), has agreed to provide support for the Event, consisting of limited financial support, staff housing and facilitation services, in consideration for WTC selecting the Roanoke Valley as the location for the Event. Page 1 of 2 3. The County Administrator is authorized to execute on behalf of the County, in a form approved by the County Attorney, the aforementioned Memorandum of Understanding ("MOU"), such MOU to be substantially similar to the MOU attached hereto. 4. The County Administrator is further authorized to take such further actions and execute such further documents, approved as to form by the County Attorney, as may be necessary and to accept such MOU. Page 2 of 2 ACTION NO. ITEM NO. D.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Resolution requesting the Roanoke Valley Transportation Planning Organization fund a list of projects for the Fiscal Year 2023-2028 Surface Transportation Block Grant Program Megan Cronise Transportation Planning Administrator Daniel R. O'Donnell County Administrator A resolution is required as part of the application for Surface Transportation Block Grant Program (STBG) funding. BACKGROUND: Formerly named the Regional Surface Transportation Program (RSTP), STBG applications are accepted on odd -numbered years. STBG applications are due to the Roanoke Valley Transportation Planning Organization (RVTPO) on September 24, 2021. The RVTPO reviews STBG project applications and recommends funding allocations to the Commonwealth Transportation Board. DISCUSSION: The proposed applications include: 1. Walrond Drive Multimodal Improvements - Provide bicycle and pedestrian accommodations along Walrond Drive to connect Plantation Road bicycle and pedestrian improvements to Walrond Park. 2. Chaparral Drive Pedestrian Improvements - Construct sidewalk along Chaparral Drive between Woodthrush Drive and Purple Finch Road, along the Page 1 of 2 frontage of Cave Spring High School, to facilitate safe pedestrian access to the school. 3. Washington Avenue Corridor Study - Collaborate with the Town of Vinton to identify and design projects to address safety issues, access management needs, multimodal deficiencies and vehicular congestion issues during peak hours along Washington Avenue between South Pollard Street in the Town of Vinton to Stonebridge Drive at the Blue Ridge Parkway in Roanoke County. 4. West Main Street Pedestrian Improvements, Phase 3 - Complete missing segments of sidewalk along both sides of West Main Street between the City of Salem and Technology Drive. 5. Match funding for 1-581 at Exit 2 (Peters Creek Road) Interchange Improvements - Provide match funding to reduce the overall project cost for a 2022 SMART SCALE application. The project will improve operations and safety at the 1-581 Exit 2 interchange, will improve access to Valleypointe Parkway and will add pedestrian and bicycle accommodations along Peters Creek Road. 6. Match funding for Route 460 at Alternate Route 220 Intersection Improvements - Provide match funding to reduce the overall project cost for a 2022 SMART SCALE application. The project will reconstruct the existing Route 460/Challenger Avenue and Alternate Route 220/Cloverdale Road intersection with a Displaced Left Turn configuration to relieve traffic congestion and improve safety. 7. Match funding for improvements identified in the Route 419/Electric Road Study from Route 11/Apperson Drive to Bower Road - Partner with the City of Roanoke and City of Salem to request match funding to reduce the overall costs for 2022 SMART SCALE applications for projects identified in the Office of Intermodall Planning and InvestmentNDOT Route 419 Study currently underway. FISCAL IMPACT: None. STBG funds are 80% Federal and 20% State. No local match or local funds are required. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt a resolution requesting the Roanoke Valley Transportation Planning Organization to fund a list of projects for the fiscal year 2023-2028 Surface Transportation Block Grant Program. 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, SEPTEMBER 21, 2021 RESOLUTION REQUESTING THE ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION FUND A LIST OF PROJECTS FOR THE FISCAL YEAR 2023-2028 SURFACE TRANSPORTATION BLOCK GRANT PROGRAM WHEREAS, the Roanoke Valley Transportation Planning Organization reviews applications for funding through the Surface Transportation Block Grant Program (formerly Regional Surface Transportation Program) and makes recommendations for project funding to the Commonwealth Transportation Board; and, WHEREAS, the Roanoke County Board of Supervisors supports the list of projects for Surface Transportation Block Grant Program funding. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia requests the Roanoke Valley Transportation Planning Organization fund the following list of projects for the Fiscal Year 2023-2028 Surface Transportation Block Grant Program: 1. Walrond Drive Multimodal Improvements, 2. Chaparral Drive Pedestrian Improvements, 3. Washington Avenue Corridor Study, 4. West Main Street Pedestrian Improvements, Phase 3, 5. Match funding for 1-581 at Exit 2 (Peters Creek Road) Interchange Improvements, 6. Match funding for Route 460 at Alternate Route 220 Intersection Improvements, and Page 1 of 2 7. Match funding for improvements identified in the Route 419/Electric Road Study from Route 11/Apperson Drive to Bower Road. Page 2 of 2 I— N m CN 0 L En O 1.- 0 H h c 0 L 0 V O m c O 0 O 0 H c 0 i 1- a) V 0 ‘t w Surface Transportation Program (RSTP) ormerly named the Regiona i w -0 COQc y_ � a� L7 Em o wv) co co ci_ c �o }' o vi }, N a o ac' u .w V? 2 a o co `— o E O _c N . 4-a CD a_+ -0 bO 0 Lfl in funding with no loca 100 percent state and federa 16 County projects have been awarded funding over four rounds a E 0 I- -0 U CD CD a s CU Regionally contro 0 ..,..co U o_ co O CO ; . 0 vi .E I— I — CD Z E E U Transportation Technica O Q� O c - O O ° (3) c O O O� O (L' c.O .o 0 O O O f 0 E E -0 EO O U o U U 0 O O D - c O D .2 ce . c O O a) O Q� .> -0 0 c CI O U a) O -0 o � c C .0 O o la U O O o 7> O 2.= mprovemenh Pedestrian d •= -0 D >% 0 -0 O U a) d Q c 0 13) t N 0 E 0 tp C 4) c� 0 O 0 -c`6•L= 5'= c)t) 0��00= 0• 7)0-Cc 0� �0� (, 0 O 0 —p000��L5 0 Q cn 0`r'3~ o 0 O t —�ou c0-a0C • ODD0 . V A, W W e, W w 0 L r Lf? 44_ c ch 0 18 00) L W Li -0 5 w/ 0 N N 0 0 0 a) (T) ° �Q cc E =o u- s a) uIT a } 0) Q U C c) U 1- ce O < E 0)v) o N -- � o0 o O a 0 c O 0, c Q J • - cn c - 0 a) O o 0 U • oo� > •- O 4) 0 U (L) U . _ O• o 0 O > E U a •� N E "c; o-0 0.0 E g Vf ' •0} VA, W � W i� u} a 0 O • 0 W • March 201; c nc a) O N O N c N •- (3) O Q O . 0 0 a —0 O 4) gi2 O a c w O Q O U .y a U ACTION NO. ITEM NO. D.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: SUBMITTED BY: Resolution supporting an application for $1,300,000 of matched transportation funding through the Virginia Department of Transportation (VDOT) Fiscal Year 2023 and 2024 Revenue Sharing Program APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Resolution supporting an application for $1,300,000 of matched transportation funding through the VDOT Revenue Sharing Program. BACKGROUND: The VDOT Revenue Sharing Program provides Roanoke County the opportunity to receive fifty percent (50%) State matching funds for construction and improvements to primary and secondary roads in the State's highway system. The Revenue Sharing program funding is distributed on a biennial basis. Due to significant state budget constraints related to COVID-19, the Revenue Sharing program funding allocation has been restructured. New Revenue Sharing projects that were submitted for fiscal year 2020 funding had allocations budgeted in fiscal years 2025 and 2026 to keep existing Revenue Sharing projects funded and on schedule. As a result, applications submitted now for the fiscal year 2023 Six Year Improvement Program cycle will have allocations budgeted for fiscal years 2027 and 2028. The proposed allocation for fiscal years 2027 and 2028 remains $100 million each year. DISCUSSION: Dry Hollow Road is located off of West River Road and is the only access to Camp Roanoke and to approximately 60 households. Spring Hollow Reservoir can also be Page 1 of 3 accessed from Dry Hollow Road. Approximately 0.1 mile from the intersection with West River Road, Dry Hollow Road narrows to one lane to cross under two Norfolk Southern railroad tracks. Dry Hollow Creek also shares space with the roadway under the railroad trestle. The original project goals were to widen the roadway to two lanes and to improve sight distance under the railroad trestle. The project timeline is as follows: 1998 - Project added to the VDOT Six Year Plan for 1998-2004 2009 - Project was removed from the VDOT Six Year Plan due to funding cuts and restructuring during the Recession 2013 - County staff investigated safety alternatives with VDOT 2014 - Roanoke County applied for and received Revenue Sharing funding for fiscal years 2016 and 2017 to restart the project 2017 - The project was added to the Secondary Six -Year Plan to fund the estimated deficit 2019 - Sufficient project funding accrued for VDOT to begin Preliminary Engineering VDOT is administering all phases of the Dry Hollow Road Safety Improvements project. After significant VDOT study and investigation, VDOT proposes to: 1) Reinforce the roadway against the creek to reduce the possibility of the roadway failing; and 2) Widen the roadway to two lanes. To accomplish these goals, two independent phases of construction will be required. The first phase will stabilize the existing roadway with a soil nail wall and a modular block wall. The second phase is the most expensive part of the project as two box culverts measuring 10 feet tall by ten feet wide by 130 feet long will be installed under the trestle for the creek to pass through. The roadway can then be extended onto the box culverts to create an 18-foot-wide roadway with two -foot -wide shoulders. Additional funding will be required in order to fund this phase of construction. FISCAL IMPACT: The resolution authorizes the application for $1,300,000 in matching Revenue Sharing funds for Dry Hollow Road Safety Improvements. If this application for funding is Page 2 of 3 approved by the Commonwealth Transportation Board, Roanoke County appropriation of funding will be considered in the fiscal year 2023, 2024 and 2025 Capital Improvement Program cycles. STAFF RECOMMENDATION: Adopt the resolution supporting an application for $1,300,000 of matched transportation funding through the VDOT fiscal year 2023 and fiscal year 2024 Revenue Sharing Program. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 21, 2021 RESOLUTION SUPPORTING AN APPLICATION FOR $1,300,000 OF MATCHED TRANSPORTATION FUNDING THROUGH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FISCAL YEAR 2023 AND FISCAL YEAR 2024 REVENUE SHARING PROGRAM WHEREAS, the Board of Supervisors has previously committed Revenue Sharing and Secondary Six -Year Improvement Program funding to the Dry Hollow Road Safety Improvements Project; and WHEREAS, the Virginia Department of Transportation (VDOT) is administering the project to reinforce the roadway against Dry Hollow Creek and to widen the roadway to two lanes under the Norfolk Southern railroad trestle; and WHEREAS, a deficit has been identified by VDOT that requires additional project funding; and WHEREAS, the Board of Supervisors desires to submit an application for an allocation of additional funds of up to $1,300,000 through the VDOT Fiscal Year 2023 and Fiscal Year 2024 Revenue Sharing Program. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors hereby supports this application for allocation of $1,300,000 through the Virginia Department of Transportation Fiscal Year 2023 and Fiscal Year 2024 Revenue Sharing Program. Page 1 of 2 2. If such funds are approved by the Commonwealth, the Board of Supervisors will consider the required matching funding appropriation during the Fiscal Year 2023, Fiscal Year 2024 and Fiscal Year 2025 budget processes. 3. The Board of Supervisors hereby grants authority for the County Administrator, or his designee, to execute project agreements for the approved Revenue Sharing project for Fiscal Year 2023 and Fiscal Year 2024. Page 2 of 2 0 September 21, 2021 1010.4411k L ^C CO ^^ L O = L C CO ' L CO CO i X V) X >- H X O b N a) 2 L>- CD 0� > > = +� ca CC Q ate..+ = i > E � •j a- a--+ U -I-)-0 ) > U 0 U N cn O CIA CO N N a--+ U 73 E i lfl •O N CD-0 2 `1 �O O Q i U U •v N ,O 8,O oNI Ci_— -0 .. 1 .. .. .. = .. = () 01 01 0 N ri %--1 = 11 g- • 01 0.)0 CC O r1 rl MIN N q= 2 .2 2019: VDOT began Preliminary Engineering v I c Norfolk Southern Historic Railroad Trestle N 4 _a �--+ +-+ N ; O c O N zo co O 2 U co co >- c6 bD Q co a.., DC . Q 2-0 0 E 0 co co .X co +' _a O O Ucn cn N+�-+ 0_O Q) N O -a co -a co U O _C +O ca N N O �_ O c a)- "> : O N 0 �O _— � N Qi }U • c" O N L) o N 0+ Q u O_a Qcc (1) o o 0 0 0 • 0 > CVO (0 + -) 0 = -0 • — CO c0 u tv + -) Cv.=— ) co • — CU OA 2 -0 c0 Li- 0 >- roposed Project a1 O O CIA — - O s cIi' >' �O `~ = > C L - C > ' co _0N = N a--+ p a1 co -0 ro an'cnv 7>m� y coO co v, }, > . X2 >. 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O c c an L co a--+ cc 0NI c > o I— N — -0 O 0 tap co > 0 T O N a--+ N C U fa 2 LL Li— i V) U= C I); 2 > 1.-0 > Ov i 0 i U U ro N -0 0 — O O >` U -0 bp (13 N N LE 0 a--+ - N a--+ N U C N .ro "O C 0- .rl3 i E bD N 0 eL U 0 - 0 a--' N i N • • Q 0 () X 0 O co •+-+ O _c ('a-) E O O C co a)" O c cc O .N Q ✓ +, E O V co t ca V = c .ro' -0 O • N b v O = CU . - - •- _a ' 0_ ,O (a � v) 0_ +-' 0 CU 2 V _C (0 E O a' a) a) cn b0 >. — 0 O i > +-' O }' to • i U-' , sE (1) a) C 2 - = +-) = O ca .f > ca O > 2 a) 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: September 21, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Public Hearing and Resolution requesting the Commonwealth Transportation Board fund a Transportation Alternatives Set -Aside Program project in fiscal years 2023 and 2024 for the Glade Creek Greenway in Vinyard Park West Megan Cronise Transportation Planning Administrator Daniel R. O'Donnell County Administrator A public hearing and resolution of support from the Board of Supervisors is necessary to submit a grant application for Transportation Alternatives Set -Aside Program for fiscal years 2023 and 2024 for the Glade Creek Greenway in Vinyard Park West. BACKGROUND: The Transportation Alternatives Set -Aside Program provides eighty percent (80%) Federal funding for a twenty percent (20%) percent local match to fund community - based projects that expand non -motorized travel choices and enhance the transportation experience by improving the cultural, historical and environmental aspects of the transportation infrastructure. The program focuses on providing pedestrian and bicycle facilities, community improvements and mitigating the negative impacts of the highway system while also strengthening the local economy, improving quality of life and protecting the environment. The Virginia Department of Transportation (VDOT) administers the program. For the Transportation Alternatives Set -Aside Program Application to be eligible for submission, the Roanoke County Board of Supervisors must hold a public hearing and adopt a resolution supporting the project. The application is due October 1, 2021. Glade Creek Greenway is identified in the 2018 Roanoke Valley Greenway Plan, which Page 1 of 3 was adopted by the Roanoke County Board of Supervisors in September 2018. The Town of Vinton has constructed two segments of the greenway and a third segment is funded and in design. The Town has conceptually scoped a greenway alignment (Phase 3) that will connect the constructed segment to the proposed Vinyard Park West segment (Phase 4) and is requesting Surface Transportation Block Grant funding this fall to conduct an engineering study. DISCUSSION: The proposed half -mile asphalt Glade Creek Greenway segment in Vinyard Park West, located in both Roanoke County and the Town of Vinton, will continue to extend the greenway east, towards Vinyard Park East and residential neighborhoods in the City of Roanoke and Roanoke County. These neighborhood connections will enable residents to walk from their homes along the Glade Creek Greenway to Tinker Creek Greenway and to the Roanoke River Greenway. Roanoke County Planning, Development Services, General Services and Parks, Recreation and Tourism staff have collaborated with Town of Vinton and VDOT staff on the greenway design in order to: 1) Avoid existing sports fields; 2) Preserve existing access points to Glade Creek; 3) Provide an appropriate terminus on the western edge of the park for the Town of Vinton's Phase 3 greenway connection; and 4) Meet VDOT design requirements. Town Manager Pete Peters wrote a letter of support for the project that will be included with the application. Planning staff also conducted outreach at Vinyard Park West to find out if park users would support construction of a greenway segment. Eight survey respondents indicated unanimous support for the greenway. Roanoke County anticipates administering the proposed project. Because the proposed greenway is located entirely within County -owned property, right-of-way will not need to be obtained from private property owners. FISCAL IMPACT: The total estimated cost of the Glade Creek Greenway through Vinyard Park West is approximately $700,000. A Capital Improvement Program project will be submitted for fiscal year 2023-2032 for Page 2 of 3 the required 20 percent (20%) match funding, which should total approximately $140,000. STAFF RECOMMENDATION: Staff recommends approving the resolution of support for the Transportation Alternatives Set -Aside Program application for fiscal years 2023 and 2024 for the Glade Creek Greenway in Vinyard Park West. 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V) P O- 0 (').c > - O < o a 0 c 0 0 0 0 4 U 4) c c 0 U eff cn "zr co O no W U o a o 1E • c Q �co napO O ' • • E O cn O O• n O > v, a) (D D O 7 2 OX E Q 2 a0) O O :d 8= -5 a) to O O O D U Q CTO E 0 co 0 N c EU O o N Uo 0 - a) N U _zco . O ON C 0 0 0N estimated cost: approximately $700,000 AIPPrw.11L-v ROANOKE BOTETOURT L N WAYS l&g Roanoke Valley-Alleghany REGIONAL commission 4.2.16. Garden City Greenway, Map 16, Category 3 The Garden City Greenway corridor follows Garnand Branch from the Roanoke River near the American Electric Power (AEP) substation to Garden City Recreation Center, with a potential connection to the Blue Ridge Parkway trails. Construction of this greenway was mentioned often by the public in development of the 2005 Garden City Neighborhood Plan. In 2014 Roanoke City received Safe Routes to School funding to begin the project, generally as an on -road widened sidewalk. When the roundabout at the intersection of Bennington St. and Rt. 116 was built, a path connecting from Garden City Boulevard to Roanoke River Greenway was included. In 2016 pedestrian crossings to the trail segment built with the roundabout and a bridge across Garnand Branch were installed at the Riverland Road/Garden City Boulevard stoplight; wide sidewalks were included when the corner property was developed. In January 2018 construction began on the lower off -road portion of the greenway, utilizing properties purchased with flood mitigation funds. This greenway is a major improvement to the pedestrian and bicycle facilities of this neighborhood and, when complete, can provide important connections from Roanoke River Greenway through the neighborhood to the trail networks of Mill Mountain Park and the Blue Ridge Parkway. Garden City Greenway provides for safe travel through the neighborhood. 4.2.17. Gish Branch Greenway, Map #17, Category 4 Gish Branch is a tributary of Mason Creek, and the corridor includes several historic structures related to the Valley Railroad. This greenway could link Salem neighborhoods to the Hanging Rock Battlefield Trail and the Exit 140 Park- n-Ride. 4.2.18. Glade Creek Greenway, Map #18, Category 2 Glade Creek is a tributary of Tinker Creek, with headwaters in eastern Roanoke and Botetourt Counties near US 460. The floodway for the creek is quite wide, and numerous homes in the Town of Vinton were lost during the flood of 1985. For many years corporate sponsor Orvis, Roanoke County, and other partners have worked on various ways to protect the creek from sedimentation and erosion and to improve fish habitat. In 2017 the Town completed construction of the first section of this greenway from Tinker Creek at Virginia Avenue to Walnut Avenue. The Town is designing the next section from Walnut to Gus Nicks Boulevard, through Gearhart Park, in 2018, with expected construction in 2018-19, and is including the greenway in plans for redevelopment of Gish's Mill. From there the projected alignment along the creek will include a difficult crossing under a Norfolk and Southern trestle, where the greenway will enter Roanoke County's Vinyard Park. Beyond Vinyard Park the greenway could connect to developments in the City of Roanoke or to the Blue Ridge Parkway near Stewarts Knob. The portion in Vinyard Park is a priority for Roanoke County in its Parks master plan. The first section of Glade Creek Greenway was completed in 2017. Page 46 2018 Roanoke Valley Greenway Plan 2018 Greenway Plan Network Map PP Prepared by the REGIONAL Trail 17 - Gish Branch Greenway Greenway 18 - Glade Creek Greenway reek Greenwav 19 - Gladetown Trail 32 - Mill Mountain Park Trails 33 - Mudlick Creek Greenway 34 - Murray Run Greenway • • i %• Botetourt County Legend Proposed Greenwa Category 1 Roanok( Greenway. Unbuilt z a) 2 1 1 1 ro ^A W (L V 7 ^� ^A cu -a U co C7 ti 0 0 N O co O O September 7th, 2021 6 c LL 01 pl C167, in aim ^ C a ^W^, CT 7 CT /i Ceaj �! C C z( 1 L7 O Lf) ti Lf) ti co 0 September 13th, 2021 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 21, 2021 RESOLUTION REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD FUND A TRANSPORTATION ALTERNATIVES SET -ASIDE PROGRAM PROJECT IN FISCAL YEARS 2023 AND 2024 FOR THE GLADE CREEK GREENWAY IN VINYARD PARK WEST IN THE VINTON MAGISTERIAL DISTRICT OF ROANOKE COUNTY, VIRGINIA AND IN THE TOWN OF VINTON, VIRGINIA WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation ("VDOT") establish a Transportation Alternatives Set - Aside project to be administered by Roanoke County; and WHEREAS, the proposed Glade Creek Greenway at Vinyard Park West meets the goals of the Transportation Alternatives Set -Aside Program by providing a pedestrian and bicycle facility that will expand non -motorized travel choices, strengthen the local economy, improve quality of life and protect the environment; and WHEREAS, the Glade Creek Greenway is included in the 2018 Roanoke Valley Greenway Plan, which was adopted by the Board of Supervisors on September 25, 2018, as an amendment to the Comprehensive Plan; and WHEREAS, a public hearing was held on September 21, 2021, to receive public comment on the proposed Glade Creek Greenway through Vinyard Park West. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the Roanoke County Board of Supervisors requests that the Commonwealth Transportation Board provide funding for the Glade Creek Greenway through Vinyard Park West, located in both Roanoke County and in the Town of Vinton. 2. That the Roanoke County Board of Supervisors hereby commits to provide a minimum twenty percent (20%) matching contribution for this project and any additional funds necessary to complete the project. 3. That the Roanoke County Board of Supervisors hereby agrees to enter into a project administration agreement with VDOT and provide the necessary oversight to ensure the project is developed in accordance with all state and federal requirements for design, right of way acquisition, and construction of a federally funded transportation project. 4. That the Roanoke County Board of Supervisors will be responsible for maintenance and operating costs of any facility constructed with Transportation Alternatives Set -Aside funds unless other arrangements have been made with VDOT. 5. That if the Roanoke County Board of Supervisors subsequently elects to cancel this project, the Roanoke County Board of Supervisors hereby agrees to reimburse VDOT for the total amount of costs expended by VDOT through the date VDOT is notified of such cancellation. The Roanoke County Board of Supervisors also agrees to repay any funds previously reimbursed that are later deemed ineligible for such use by the Federal Highway Administration. 6. That the Roanoke County Board of Supervisors hereby grants authority for the County Administrator, or his designee, to execute project agreements for an approved Transportation Alternatives Set -Aside project for Fiscal Years 2023 and 2024. Page 2 of 2 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: The petition of the Economic Development Authority of Roanoke County to rezone approximately 30.5 acres from AR, Agricultural/Residential, District, to 1-2, High Intensity Industrial, District, located at 5832 West River Road, Catawba Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Consent agenda item for first reading on an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for October 19, 2021. The title of this ordinance is as follows: 1. The petition of the Economic Development Authority of Roanoke County to rezone approximately 30.5 acres from AR, Agricultural/Residential, District, to 1-2, High Intensity Industrial, District, located at 5832 West River Road, Catawba Magisterial District. Page 1 of 2 DISCUSSION: There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for October 19, 2021. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 I ITEMS ARE MISSING OR INCOMPLETE. R/S/W/CP V/AA RIS/W/CP VIAA County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive POBox29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff Use Onl Date received: 6/ 1S/2021 Received by: P7 Application fee: �� PC/BZA date: 1olgI2ozi Placards issued: BOS date: Case. Number 5 - 10 / 2 02 l ALL APPLICANTS Check type of application filed (check all that apply) ® Rezoning ❑ Special Use 0 Variance 0 Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review Applicants name/address w/zip Jill Loope Economic Development Authority of Roanoke County P 0 Box 29800, Roanoke, VA 24019 Phone: (540) 772-2069 Work: Cell #: Fax No.: Owner's name/address w/zip Ashworth Family Irrevocable Income Only Trust; Rebecca A. Cairns, Trustee 5832 West River Road, Salem, VA 24153 Phone #: (540) 380-3568 Work: Fax No. #: Property Location 5832 West River Rd, Salem Va, 24153 Magisterial District: Catawba Community Planning area: Glenvar Tax Map No. 073.00-01-02.00-0000 Existing Zoning: AR (Agricultural/Residential ) Size ofparcel(s): Acres: 30.51 Existing Land Use; Agricultural/Residential REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15 2-2232) REVIEW APPLICANTS (R/S/W/CP) Proposed Zoning: 1-2 (High Intensity Industrial) Proposed Land Use: industrial Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes k No ❑ IF NO, A VARIANCE IS REQUIRED FIRST (Rezoning). Does the parcel meet the minimum criteria for the requested Use Type in Article IV (Special Use Permit)? Yes id IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes x No 1 1 No ❑ i2 AM �N VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (VIW/AA) gb Variance/Waiver of Section(s) of the Roanoke County Zoning Ordi .. e in order to: Appeal of Zoning Administrator's decision to AUG 1 :'''t Connolly geve1Upmenl Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPT ''4 '' 4 Y OF R/S/W/CP V/AA Consultation -_ 8 1/2" x 11" concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent f the owner. Rebecca A. _;.. Trust A nrifv rnnnmir rlavalnnnipntof R nQn Owner's Signature ('nm f,r ("ha 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant Economic Development Authority of Roanoke County The PIanning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The proposed rezoning meets the purposes of the County's Zoning Ordinance which includes "encourage economic development activities that provide desirable employment and enlarge the tax base." The proposed rezoning would provide additional area within the urban service area for more intensive industrial uses. The property has a principal industrial future land use designation contained in the comprehensive plan. The land is free of steep slope and a small portion is in the Floodway/Flood Plain. This property is relatively remote with no substantial residential development in the vicinity. There is adequate sewer and water capacity available along West Main Street (US Rt. 11/460), 600 feet to the west of the site. West Main Street is a 4-Iane divided highway, with the I-81 exit 132 (Dixie Caverns) less than a mile to the north. There is the availability of rail access to the site with two adjacent Norfolk Southern rail lines. The adjacent properties to the north and south of this site are zoned 12. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The property proposed for rezoning is designated as Principal Industrial on the County's Future Land Use Map. Principal Industrial is a future land use area where a variety of industry types are encouraged to locate. Principal Industrial areas are existing and planned regional employment centers and are distributed throughout the county, convenient to major residential areas and suitable highway access. The property is located in the Glenvar Community Planning Area, The Glenvar Community Plan was adopted as a component of the County's Comprehensive Plan in January 2012. The Glenvar Community Plan states that high intensity industrial uses should be located south of Route 11/460. Low intensity or technology -based industrial uses are appropriate for either side of Route 11/460. Industrial uses should not be prominent along the corridor and should be buffered from the right-of-way The 5832 West River Road property is located south of Route 11/460 and is be buffered from the corridor right-of-way by the Roanoke River. The future land use designation for the West River Road property is Principal Industrial. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. No further impact on the public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue are anticipated. Increased tax revenues and employment generated by development, without any corresponding demand on public services, will only serve to enhance public services. Any transportation and utility improvements made due to the development of this property will ultimately benefit other property owners in the area. The properties adjacent to the Ashworth Property are mainly undeveloped except for 2 single-family structures and a small church. The adjacent properties owned by the Appalachian Power Company contain an access road and overhead power lines. 3 CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc, f. The zoning and land use of all adjacent properties g. Ali property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Ellwood P. Windley, Vice Chairman Ayetirf /d, da)/ Date Community Development Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOTreserve the right to request a traffic study at any time, as deemed necessary) High Traffic -Generating Land Uses: • Single-family residential subdivisions, Multi -family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive -through windows) • Gas station/Convenience store/Car wash • Retail shop/Shopping center • Offices (including: financial institutions, general, medical, etc.) • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing home/Clinic • Industrial site/Factory • Day care center • Bank • Non-specific use requests Road Network Situations: • Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly • When required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signal(s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date: April 19, 2005 7 Community Development Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective date: April 19, 2005 Ashworth Property Name of Petition Linwood P. Windley, petitioner d011t Date Adjacent Properties: Tax Map No: 073.00-01-01.00-0000 Rory Scott Willis 5842 West River Rd, Salem Va, 24153 Tax Map No: 072.02-02-01.00-0000 Roanoke County Board of Supervisors 6006 West Main St, Salem Va, 24153 Tax Map No: 072.02-02-02.00-0000 Appalachian Power Company 6090 Peaceful Dr, Salem Va, 24153 Tax Map No: 073.00-01-04.00-0000 Appalachian Power Company 5780 West River Rd, Salem Va, 24153 Tax Map No: 064.03-01-19.00-0000 Western Virginia Regional Jail 5857 West River Rd, Salem Va, 24153 Tax Map No: 064.03-01-25.01-0000 Harold and Shirley B Horn 0 West River Rd, Salem Va, 24153 Tax Map No: 064.03-01-25.00-0000 Harold and Shirley B Horn 0 West River Rd, Salem Va, 24153 Tax Map No: 064.03-01-24.00-0000 Methodist Episcopal Church of USA 5791 West River Rd, Salem Va, 24153 Tax Map No: 064.03-01-23.00-0000 Goodwin Memorial United Methodist Church 0 West River Rd, Salem Va, 24153 Tax Map No: 064.03-01-22.00-0000 Whitlock J C Jr Life Estate; Whitlock Sue G Life Estate 5839 West River Rd, Salem Va, 24153 0 o o o II s January 2020 Sewer line ,� Natural Gas line 0 • 1 inch s 400 feet Ashworth Property _ Water Tine Sewer line January 2020 Natural Gas line 3 The Economic Development Authority of Roanoke County Zoom Meeting Minutes Roanoke, Virginia 24018 Wednesday, May 19th 2021, the Economic Development Authority of Roanoke County, Virginia met this day by a Zoom Meeting Members Present Steve Musselwhite, Chair Woody Windley, Vice -Chair Greg Apostolou Max Beyer Michael Cagle Steve Anderson Kyle Richardson Kirtesh Patel Barry Thompson Peter Lubeck, Counsel Jill Loope, Secretary -Treasurer Members Absent Ssunny Shah Guest Pete Peters, Vinton Town Manager, Anita McMillan, Planning and Zoning Director, Evan Malone, Financial Analyst; Jessica Lovell, Financial Analyst and Allison Fay, Recording Clerk CALL TO ORDER Chairman Steve Musselwhite called the meeting to order at 9:07 a.m. REQUEST TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF THE AGENDA ITEMS Ms. Loope requested Item E 1. Strategic Plan Update be moved and presented after Item G. Economic Development Updates. The consensus of the Board was to approve moving the item to be presented after the Economic Development Updates. Page2of5 May 19, 2021 Economic Development Authority Minutes APPROVAL OF MARCH 17, 2021 MINUTES On motion by Max Beyer to approve the minutes of March 17, 2021 as presented, seconded by Barry Thompson the motion carried by unanimous voice vote. FINANCE REPORT Mr. Evan Malone, Financial Analyst for the Department of Finance, reviewed the information provided in the financial report through April 30, 2021. Mr. Malone also gave a brief review of the details for the Vinton Facade Grant, which has a remaining balance of $16,361. On motion by Barry Thompson to accept and approve the financial report as presented, seconded by Kirtesh Patel, the motion carried by unanimous voice vote. OLD BUSINESS 1. Strategic Plan Update This item was presented after item G. Economic Development Updates. NEW BUSINESS 1. Authorization to enter into a performance agreement with the Town of Vinton and Gish Mill Davii, LLC, for the redevelopment of the Gish Mill property, and to further redevelopment of the Gish Mill property, and to further authorize execution of such other documents as may be necessary, including a loan agreement promissory note, and restriction agreement. Ms. Loope stated the redevelopment project was similar to the Vinton Motors Agreement and said this project would be the gateway into Vinton. She provided a PowerPoint presentation of the Gish Mill Redevelopment Project to the Board and reviewed the property size, location and ownership of the property, the historical significance of the building, current condition of the site and the proposed redevelopment renderings of the restaurant, parking, lodginglapartments and event space. Ms. Loope also reviewed the investment details and provided a breakdown of the estimated annual revenue impact for the project. She stated that the Board of Supervisors adopted a Memorandum of Agreement with the Town of Vinton regarding the project incentives at their May 11 meeting. The next step is for the Authority to adopt a Performance Agreement between the Town of Vinton, the EDA and the developer. Page 3 of 5 May 19, 2021 Economic Development Authority Minutes Chairman Musselwhite asked how many parking spaces would be available. Mr. Peters stated 40 spaces would be on the premises and additional or overflow parking would be across the street. He stated a crosswalk was going to be installed on Gus Nicks Blvd. A question of past flooding was asked and if flood insurance was required for this project\property. Mr. Peters provided history of flooding on this site and the process the developer will be using to address potential future flooring. He stated flood insurance will be required for the project. Mr. Beyer asked if a berm was going to be put in around the property. Mr. Peters said the City of Roanoke will working with the Army Corps of Engineer for the redesign of the stream bank and said that a berm will not work in this area. He stated the developer is doing all they can do to protect the structure and property to minimize flooding. Chairman Musselwhite said good people are designing and proposing this project and that it was a welcome investment in the Town of Vinton. Mr. Peters reviewed the funding for this project and stated it is being funding in thirds; 1/3rd private, 1/3rd from grants and tax credits and a 1/3rd from the Town and County. Mr. Thompson said the Town of Vinton staff worked very hard to get this project done and said this was a great redevelopment project. Barry Thompson moved that the Authority authorize the Chairman or Vice Chairman to execute the proposed Performance Agreement for the Gish Mill redevelopment project, and further authorize the execution of such other documents as may be necessary, including a loan agreement, a promissory note, and a restriction agreement, all of which shall be approved in final form by the County Attorney. The motion was seconded by Kyle Richardson and carried by unanimous voice vote. 2. Consideration of Facade Grant request for the Dogwood Restaurant Mr. Peters, Town Manager of Vinton reviewed the Facade Grant application submitted by the Dogwood Restaurant to the Board. Mr. Peters stated that he and his staff have reviewed the application and recommends approval of the total grant amount of $10,000.00. Mr. Peters reviewed the improvements that were being proposed by the applicant. He explained the applicant would be leasing town owned property for an outside patio seating area to expand the restaurant by 1,500 sq. ft. He said the addition included parcels 108 and 110 S. Pollard Street. On motion by Barry Thompson, to approve the total Facade Grant amount not to exceed $10,000.00 to the Dogwood Restaurant for improvements and expansion. Seconded by Kyle Richardson, the motion carried by unanimous voice vote. Page 4 of 5 May 19, 2021 Economic Development Authority Minutes Mr. Peters thanked the Board for their past support and for all things to come. 3. Consideration of a Rezoning Application for the Ashworth Property Ms. Loope provided history of the Ashworth family 30-acre property and said the County supports sponsoring the rezoning from Agricultural to 1-2 in support of future industrial development opportunities. She reviewed the property on maps and said the property borders the railroad and regional jail and the change of zoning will have little impact to the area. Ms. Loope stated that Supervisor Martha Hooker agreed to support the rezoning as the area lends itself to future industrial development. She clarified that the EDA Board would be the applicant for the rezoning of the property to 1-2 industrial. Mr. Musselwhite said he sees nothing but the upside to supporting the rezoning. On motion by Barry Thompson to approve the Economic Development Authority acting as the applicant to rezone the Ashworth Property located at 5832 West River Road, Salem, seconded by Kirtesh Patel, the motion carried by unanimous voice vote. ECONOMIC DEVELOPMENT UPDATES Ms. Loope thanked Kirtesh Patel for his leadership with the Richfield Town Center project, and thanked the other board members for participating in the recent Ribbon Cutting ceremony. She stated she had some technical issues with sending out the invitations for the ribbon cutting event and apologized for the confusion. Ms. Loope stated the next ribbon cutting at Richfield is for the skilled nursing facility on June 24th at 10 am. Ms. Loope thanked Mr. Windley on his appointment to the South Peak CDA Board and reviewed the CDA assessment. She also thanked Mr. Windley for his appointment for another 4 years to the EDA Board. She listed the board members that would up for reappointment in September 2021 and said she would contact them directly. Ms. Loope said she is continuing to work with Tanglewood and that she was working on landscape agreements for getting various intersections landscaped. Two businesses have signed the landscaping agreements and staff is working to secure the third agreement very soon. The landscaping installation will be scheduled for this fall. Page5of5 May 19, 2021 Economic Development Authority Minutes OLD BUSINESS 1. Strategic Plan Update Ms. Loope provided an update to the Board on the current status of the Strategic Plan and thanked Mr. Cagle for being part of the steering team. Ms. Loope said she was going to meet with VT and will find out what the next step in the process will be and would report back to the Board at the next meeting. REPORTS AND INQUIRIES OF BOARD MEMBERS Mr. Evan Malone, Financial Analyst, stated in the packet was the proposed budget for July 1,2021 to June 30, 2022 Fiscal Year. He reviewed the budget and said staff recommended approval. On motion Michael Cagle moved to approved the July 1,2021 to June 30, 2022 proposed budget for this coming fiscal year. Seconded by Woody Windley. The motion carried by unanimous voice vote The next regularly scheduled meeting will be June 16, 2021. ADJOURNMENT On motion by Woody Windley and second by Kirtesh Patel, the meeting was adjourned at 10:07 a.m. Respectfully submitted, Jill Loope Secretary -Treasurer ASHWORTH PROPERTY PRELIMINARY SITE INVESTIGATION AA"ROANOKE REGIONAL PARTNERSHIP AROANOKE COUNTY VA ECONOMIC DEVELOPMENT APRIL 21, 2020 UPDATED May 13, 2020 EALZER & ASSOCIATES B&A PROJECT #04200014.00 PLANNERS ARCHITECTS ENGINEERS SURVEYORS 1208 Corporate Circle Roanoke, Virginia 24018 Phone(540) 772-9580 ASHORTH PROPERTY PRELIMINARY SITE INVESTIGATION SITE INFORMATION Site Address By ASHWORTH PROPERTY 5832 West River Road Roanoke, VA 24153 BALZER & ASSOCIATES INC. CIO Sean Horne 1208 Corporate Circle Roanoke, VA 24018 540-772-9580 (phone) 540-772-8050 (fax) Date 4/21/2020 Tax Parcel (s) 073.00-01-02.00-0000 Site Area: 30.51 acres SITE SUMMARY The subject property is approximately 30.5 acres. The subject property is divided into two tracts by an active NS rail line, Tract A the eastern 21.5 acre Tract and Tract B the Western 9 Acre Tract. Tract A- The eastern tract (Tract A) is approximately 21.5 acres and is considered the most readily developable portion of the subject property. It appears that a Rail Served pad area of approximately 14 acres is feasible for this property. Tract A has the potential to be Rail Served. If served by rail it appears that Tract A can accommodate up to 270,000 s.f. building. If the site does not require rail service then it could accommodate a larger building of up to 300,000sf . Tract B- The Western Tract (Tract B) is is approximately 9 acres. This Tract does not have access to the road and would require the purchase of 5852 West River Road to gain access to West River Road. If access is gained to the property it appears that a pad area of approximately 4 acres is feasible for this property. With an approved access, Tract B can accommodate up to approximately 50,000 s.f. building. Water, Sewer and Gas can be provided to both Tracts. Water can be provided from the west and will need to be bored under a Norfolk Southern (NS) Rail line. Sanitary Sewer will require a force main extension and lift station, and will need to be bored under Route 460, the Roanoke River and a NS rail line. Gas can be provided from the West and will need to be bored under the Roanoke River and a NS rail line. Power and Data can be provided from the west with over head lines. The existing bridge does not have a weight limitation and is not currently slated for upgrades. No Geotechnical Investigation, Environmental Assessment, Title Report or Archaeological Investigation has been completed, but would be recommended prior to acquisition of the subject property. SITE DEVELOPMENT Who has primary jurisdiction on site? County of Roanoke, Virginia ZONING DEPARTMENT Contact County of Roanoke - Planning and Zoning Address 5204 Bernard Drive Roanoke, VA 24018 Phone 540.772.2134 CURRENT ZONING Zoning classification AR- Agricultural Residential No Known Conditions - Title Report not Furnished Uses generally limited to agricultural and residential related uses Rezoning Required for Industrial Use PROPOSED ZONING OPTIONS Zoning classification 1-1 Low Intensity Industrial District or 1-2 High Intensity Industrial District Some Adjoining properties are Zoned for Industrial use The Future Land Use Pian supports the subject property being zoned for industrial use. STORMWATER Contact County of Roanoke, VA - Engineering Attn: David Henderson Address 5204 Bernard Drive Roanoke, VA 24018 Phone (540) 772-2065 Email DHENDERSON©roanokecountyvagov Flood Plain A portion of the property is located within the Flood Plain and Floodway. The Roanoke River borders the western side of the property. Storm Water Management - Quality The site will be required to meet stormwater quality requirements. It is anticipated that this can be achieved through a combination of nutrient credit purchase and/or onsite water quality provisions. Storm Water Management - Quantity The site area is less than 1 % of the contributing drainage area to the Roanoke River. It also has direct discharge to a 100 year floodplain. Therefore, under current regulations, limited treatment for stormwater quantity is anticipated. However, should it be required area is available onsite to accommodate storm water management in an above ground facility. VSMP/SWPPP - Storm Water Pollution Prevention Plan, A VSMP and SWPPP will be required for this project. SITE DEVELOPMENT APPROVALS and PERMITS List of permits required Rezoning Yes Variance needed for Undetermined Conditional use Anticipated with rezoning Special use Undetermined Traffic Study Yes Land Disturbance Yes Environmental Yes Norfolk Southern Rail Road Yes VDOT Yes Permitting Time Frames UTILITIES ELECTRIC Rezoning - 4-6 Months Traffic Study - 2-3 Months Concurrent with Rezoning Land Disturbance - 3-6 Months After Rezoning Environmental - 3-6 Months Concurrent with Land Disturbance Norfolk South Rail Road - 3-6 months concurrent with Land Disturbance VDOT - 3-6 Months concurrent with Land Disturbance Is service at property line? Existing electrical facilities are a single phase line along West River Rd. on the northern border of parcel #073.00-01-02.00-0000, as well as a single phase extension running south through the parcel along the railroad tracks. APCO has a project to convert the line along West River Rd. to a three phase line in the near future. No schedule date is available at this time, but all design work has been done and the work is ready to schedule pending approval of required permits from VDOT and Norfolk Southern (normally takes approximately 6 months). There is also an existing three phase line along Peaceful Drive, which is across the Roanoke River from the western side of parcel #073.00-01-02.00-0000. An extension from this line would be possible with approval from the VMRC (also approximately 6 month timeframe). Is an easement needed to get service to property? Offsite easements do not appear to be required to gain access to electrical service. Provider Appalachian Power Contact Keith A. Freeman - Customer Design Supervisor NE Address 802 River Avenue Roanoke, VA 24013 Phone Email 540.427.3643 Kafreeman@AEP.com PHONE 1 DATA Is service at property line? Service is available along West River Road Is an easement needed to get service to property? Offsite easements do not appear to be required to gain access to electrical service. Provider Verizon Communications Contact Jeff Draper - Potomac Field Engineering Address 4843 Oakland Boulevard Roanoke, VA 24012 Phone Email 540.265.7501 J effrev. b. d ra pe r(c� verizo n . co m NATURAL GAS Is service at property line? Natural Gas Service is not available at the property line. Natural Gas is available to the west of the property across the Roanoke River. The Gas Service Line will need to be bored under the Roanoke River and a Norfolk Southern Rail fine. The total length of the service line will be approximately 900 If. Is an easement needed to get service to property? Easements from Adjoining property Owners do not appear to be required. Provider Roanoke Gas Company Contact Brett Bennett Phone 540.777.4427 Email Brett Bennetta.RoanokeGas.com WATER Is service at property line? Water Service is not available at the property line. There is a 30" Public water line located to the East of the property. WVWA has indicated this would be the preferred line to tie to. It will require an extension of approximately 300 If and a bore under a Norfolk Southern Rail Line. Is an easement needed to get service to property? An Easement from AEP (Adjoining Property Owner) may be needed for the waterline extension. Provider Western Virginia Water Authority Contact Aaron Shearer - Development Manager Address 601 South Jefferson Street - Suite 300 Roanoke, VA 24014 Phone 540.283.2941 Cell: 540.537.3873 Email Aaron.Shearer@WesternVaWater.org SANITARY SEWER Is service at property line? Sanitary Sewer is not available at the property line. There is an existing 4" force main located on the western side of Rt. 460. Sewer service will require the installation of a sanitary sewer lift station and the extension of a forcemain from the site to the existing 4" forcemain. The forcemain extension of approximately 1,400 LF will require a bore under the Roanoke River and a Norfolk Southern Rail Line. As an alternative Vdot has indicated that approval may be granted to attached the sanitary sewer forcemain under the West River Road bridge to bring it across the Roanoke River. Specific design details would need to be provided prior to VDOTs acceptance of this option. Is an easement needed to get service to property? Offsite easements to not appear to be required. Provider Western Virgina Water Authority Contact Aaron Shearer - Development Manager Address 601 South Jefferson Street - Suite 300 Roanoke, VA 24014 Phone 540.283.2941 Cell: 540.537.3873 Email Aaron.Shearer@WesternVaWater.org D.O.T. CONSIDERATIONS - OFF SITE IMPROVEMENTS Who has authority over the roadway at the property - state - county - city VDOT. Any offsite improvements will be determined by the final user and traffic generated by the developed property. The Bridge on West River Road is currently unrestricted and VDOT has confirmed that any legally loaded vehicle permitted on Virginia Roads can be accommodated by the Bridge and there are not current plans to restrict its weight. However, VDOT is currently working through a new assessments across the state so weight restrictions on the bridge could be implemented in the future. STATE Virginia Department of Transportation - VDOT Contact Brian Blevins - Assistant Resident Engineer/Land Use Address 714 South Broad Street Salem, VA 24153 Phone Email 540.387.5502 Brian.Blevins{cvdot.virginia.gov Rail Service Rail Service Considerations Norfolk Southern has indicated that rail service is a possibility for this property. Due to the configuration of the existing track, there is limited area available to connect the rail service, so close coordination with NS will be required. There are also grade limitations for the rail service that will need to be adhered to which will affect the final pad elevation should rail service be pursued. Utility Service Considerations Water, Sewer and Natural Gas service will all require a permit from Norfolk Southern for permission to bore under their existing rail lines. Contact Jeff Cline Phone 540-524-4384 ASHWORTH PROPERTY PAD TRACT "A" MAGNITUDE OF COST ESTIMATE FOR PAD SITE AND UTILITY EXTENSION QTY. UNIT CONSTRUCTION ITEM UNIT COST LINE ITEM COST EARTHWORK 1 EACH M OBILIZATIO.N I 530,000.00 530,000.00 1 EACH CONSTRUCTION 'SURVEYING: I $15,000.00 515,000.00 1 EACH TE STING AND IN SP E CTION 520,000.00 520,000.00 90000 CY GRADING; I 55.00 5450,000.00 5200,000.00 1 LS ROCK ALLOWANCE I 5200,000.00 1 LS DEMOLin 0NI S60,000.00 55,000.00 560,000.00 530,000.00 5 ACRES CLEARINGi 24 ACRES EROSION' CONTROL' $7,500.00 3180,000.00 1 LS NATURAL GAS SE RVICE (BASE.D ON HEATING LOAD ONLY) :585,000.00 390,000.00 1 LS SANITARY :SEINE RFORCE .MAIN (NOTINCLUDING ALIFT STATION) S275,000.00 5290,000, 00 1 LS WATER LINE I 580,000.00 595,000,00 1 LS GRAVE L E NTRAN OE ROAD 57,500.00 37,500.00 1 LS STORM WATER (FULL B UILD OUT) 5160,000.00 5150,000.00 1 DESIGN AND PERMITTING 1 LS SURVEVAND DESIGN (PAD SITE, STORMWATER, AND UTILITIES) 585,000.00 355,000.00 55,000.00 1 LS PHASE 1 ENVIRONMENTAL 1 $5,000.00 1 LS GE on CHNICAL INVE STIGATIOhi 510, 000.00 510,000.00 1 LS AR CHE.OLOGICAL S10,000.00 510,000.00 1 LS PERM ffTIN:Q FEES $15, 000.00 S15,000.00 SUBTOTAL 20%C0NTINGEN'CY ESTIMATE TOTAL 51,752,500 3350.500 I. $2,103,000 ASHWORTH PROPERTY PAD TRACT "B" MAGNITUDE OF COST ESTIMATE FOR PAD SITE AND UTILITY EXTENSION QTY. UNIT CONSTRUCTION ITEM UNIT COST LINE ITEM COST EARTHWORK 1 _. .. 1 EACH MOBILIZATION 1 $30,000.00 $30,000.00 1 EACH CONSTRUCTION SURVEYING i $7,500.00 $7,500.00 1 EACH TESTING AND INSPECTION ! $10,000.00 $10,000.00 20000 CY GRADING! I $5.00 $100,000.00 1 LS ROCK ALLOWANCE! I $50,000.00 $50,000.00 1 LS DEMOLITION i I $60,000,00 $60,000,00 2 ACRES CLEARING 1 I $6,000.00 $12,000.00 4.5 ACRES EROSION CONTROL' I $7,500.00 $33,750.00 1 LS NATURAL GAS SERVICE (INSTALLED WITH SITE 'Al $0.00 $0.00 1 LS SANITARY SEWER FORCE MAIN ( INSTALLED WITH SITE "A") $0.00 $0.00 1 LS WATER LINE (IN ADDITION TO SITE "A") $100,000.00 $100,000.00 1 LS GRAVEL ENTRANCE ROAD $7,500.00 $7,500.00 1 LS STORM WATER (FULL BUILDOUT) $75,000.00 $75,000.00 I 1 DESIGN AND PERMITTING i 1 LS SURVEY AND DESIGN (PAD SITE, STORMWATER, AND UTILITIES) $45,000.00 $45,000.00 1 LS PHASE 1 ENVIRONMENTAL i $3,500.00 $3,500.00 1 LS GEOTECHNICAL INVESTIGATION $5,500.00 $5,500.00 1 LS ARCHEOLOGICAL 1 1 , $5,000,00 $5,000.00 1 LS PERMITTING FEES i $10,000.00 $10,000.00 _ 1 ... _ . I SUBTOTAL 20°/0 CONTINGENCY ESTIMATE TOTAL _ I $554,750 $110.950_ $665,700 YINIDHPh'A1NAC*0YQNVON 102116101NL3161D m YaYIol° 1I9IHX3 A! Edald OVOH 2i3ARl IUM ZE89 A1213dO2Id H.L JOMHSV X W �W� se O10W VN dIA llNnop3NONtloSl 1711115ln laEN3151�'dW a9Ma1a1J 31IS 03A83S 1IVeI Nd1d 31FS 1Vf11d30Nd0 0VOJ ?JEAp 1S3M Z£SS V £3b211 AD:13d©21d H.WOMHSV X_ Wa ir r w` 4 \ 1 aQo e ' -� 1t i 11 ! i SITE SUMMARY: TAM MAP NUMBERS: 073.00-0I-02.00-0000 EXISTING LOT SIZE. 230.51 AC CONCEPT PLAN NOTE: eLLIJ 7' PE y7 1f ]SIAH]S 1IVH ON - NV1d LI av V 1Otlell - AllndO21d Hl�OMHS %-77T 61a� V \ i at Qbp :4/&_4ST �w 1 0 w w < D in J J Q z Z¢UU 0 Z < . 0 = g < N N I-600 azm a Qyo t! 1S.3M I/ VINI`3HIM1'A.Nr493 34ONVON 1 DI111.510 11i1,11.sl'sVW vemviV10 NTH 311S 1VTIld3ON00 OVOH a3A1a IS3M ZeBS 8 I3V Jl - AllndONd Hl IOMHSV i 1 LuO w4 l N LL Cj O �O n a 4 EK Q \\ I 1 \ / / PROPOSED BUILDING AREA ; t50.000 5 PROPOSED PAD AREA: ±4.5 AC CONCEPT PLAN NOTE; 0 0 Proposed zoning: 12 %2\% §% %/ \/ DU 0 % § c \ » N e 2 0 % _P /ƒ./\\ƒ §/ q/// 06 -O e / e / s $ 0 e .11 ./ $ / §\2 \�\ 2�/ ^^ G 2 G /—m C 4 < Q 0 2 0 0 o g \ CN > \ 0 Future Land Use Map § Q 29 E CD \ • z OQ \co 0 Proposed Zoning: 12 Future Land Use Mixed Use Rural Preserve Principal Industrial - • • • 11111r19; o _O 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: September 21, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Ordinance authorizing the issuance of not to exceed $22,440,000 General Obligation School Bonds of the County of Roanoke, Virginia, to be sold through the Virginia Public School Authority (VPSA) Rebecca Owens Assistant County Administrator Daniel R. O'Donnell County Administrator Authorize the issuance of General Obligation Schools Bonds through VPSA in an amount not to exceed $22,440,000 BACKGROUND: The next project on the School Board Capital Improvement Plan is the renovation of William Byrd High School. Project construction is underway with completion tentatively scheduled for July 2023. The construction project at William Byrd High School will consist of additions and renovations to the existing school building. Three infill additions will provide a new music classroom, art classrooms, weight room expansion and a wrestling -cheer practice gym. The renovations will involve selective demolition throughout the school to reconfigure and repurpose existing spaces. The plans indicate that the guidance suite is being relocated to be next to the administrative offices and the media center will be moved to occupy the former guidance area. A two-story music addition will provide a new elevator, choir classroom with office, support spaces, and two classrooms; and on the second floor, two art classrooms, support spaces, and connecting corridor for the elevator will be provided. The CTE classrooms and science labs will be renovated and expanded. The interior renovations will include new finishes, casework, new doors, replacement of the stage, auditorium lighting, and improve ADA accessibility. New Page 1 of 4 toilets are being provided for the cafeteria and auxiliary gym. The project will also provide new roofing, firewalls, sprinkler system, and new mechanical, plumbing and electrical systems. All plumbing fixtures will be replaced and lights replaced with LED fixtures. DISCUSSION: The estimated total project costs, including design, construction and soft costs for the renovation of Cave Spring High School is approximately $30.7 million with $8.3 million funded with cash and $22.440 million to be funded with bonds issued through the Virginia Public School Authority. The Virginia Public School Authority (VPSA) was created by the General Assembly to issue revenue bonds and to use these proceeds to purchase or refinance bonds issued by local governments to finance capital project for public schools. VPSA pledges to the payment of its bonds the school bonds it purchases from local governments. Local bonds issued by counties and sold to the VPSA are not subject to the referendum requirement of the Virginia Constitution. As part of the joint capital plan that the County and School have had in place since 2005, the Schools have the opportunity to borrow funds two consecutive years out of every three years. This plan provides a mechanism to pay for debt without adding any tax burden to the taxpayer. The bond funds were planned under the County/Schools 12-12-12 Capital Financing Plan and represent the $12,000,000 in bonds scheduled in fiscal year 2021 and fiscal year 2022. The schools "banked" the scheduled borrowings for fiscal year 2021 to combine with the scheduled borrowing in fiscal year 2022 for this project. VPSA bonds are sold twice a year so the next available bond issuance is in the Fall of 2021. The VPSA application was submitted in August for an amount not to exceed $22,440,000, with the bonds expected to be sold in Fall 2021. The first debt payment on the proposed bond will occur in the 2022-23 fiscal year. The current interest rate environment is favorable, however this will be dependent on market conditions at the time of the sale and final amortization schedules provided by VPSA in the Fall of 2021. The School Board approved a reimbursement resolution on July 13, 2021, for this project to allow all project costs incurred prior to the bond sale to be reimbursed from a future VPSA bond issue. The County Board of Supervisors approved a revised reimbursement resolution on July 27, 2021. Page 2 of 4 The School Board has adopted the necessary resolutions to participate in the Fall 2021. Before the bonds can be sold, the County Board of Supervisors must hold a public hearing and adopt the attached ordinance, which outlines the parameters of the bond sale and the form of the bonds. The VPSA application is for an amount not to exceed $22,440,000. The public hearing is scheduled for October 5, 2021. FISCAL IMPACT: The project budget will be funded with existing cash reserves and this VPSA bond sale. $8.3 million funded with cash and $22.44 million to be funded with bonds issued through the Virginia Public School Authority. The ability to subsidize capital projects with cash is made possible by the joint capital financing plan adopted by the School Board and Board of Supervisors in December 2004 and annually funded with the school and county budgets. Funds for this project were previously appropriated during the 2021 and 2022 budget process with budget ordinance number 062320-8 and 051121-9 and prior budget actions. Debt payments for this borrowing will begin in fiscal year 2022-2023 and are factored into the debt capacity for school capital improvements and future County budgets will include the annual debt service to be paid from the funded joint school and county future capital fund. The County's debt policy established parameters for issuing debt and managing outstanding debt. The County does not have any Constitutional or Statutory Debt Limits. The County does abide by self-imposed debt targets. The proposed bond issue in the amount of $22.440 million will allow the County to stay well within the limits of the County debt policy approved by the Board. Page 3 of 4 STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and scheduling the second reading and public hearing for October 5, 2021. 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 SEPTEMBER 21, 2021 ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $22,440,000 GENERAL OBLIGATION SCHOOL BOND OF THE COUNTY OF ROANOKE, VIRGINIA, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County"), has determined that it is necessary and expedient to borrow an amount not to exceed $22,440,000 and to issue its general obligation school bond (as more specifically defined below, the "Local School Bond") for the purpose of financing William Byrd High School additions and renovations, which constitutes a capital project for public school purposes (collectively, the "Project"); and WHEREAS, the County held a public hearing, duly noticed, on October 5, 2021, on the issuance of the Local School Bond in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the County has, by Ordinance, requested the Board to authorize the issuance of the Local School Bond and consented to the issuance of the Local School Bond; and WHEREAS, Virginia Public School Authority ("VPSA") has offered to purchase the Local School Bond along with the local school bonds of certain other localities with a portion of the proceeds of certain bonds to be issued by VPSA in the fall of 2021 (the "VPSA Bonds"); and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $22,440,000 is the amount of proceeds requested (the "Proceeds Requested") from VPSA in connection with the sale of the Local School Bond; and A-1 WHEREAS, VPSA's objective is to pay the County a purchase price for the Local School Bond which, in VPSA's judgment, reflects the Local School Bond's market value (the "VPSA Purchase Price Objective"), taking into consideration of such factors as the amortization schedule the County has requested for the Local School Bond relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA from the sale of the VPSA Bonds and other market conditions relating to the sale of the VPSA Bonds; and WHEREAS, such factors may result in the Local School Bond having a purchase price other than par and consequently (i) the County may have to issue the Local School Bond in a principal amount that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Local School Bond set forth in section 1 below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; and WHEREAS, the first reading of this ordinance was held on September 21, 2021, and the second reading and public hearing of this ordinance was held on October 5, 2021. NOW, THEREFORE, BE IT ENACTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Local School Bond and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bond in an aggregate principal amount not to exceed $22,440,000 (the A-2 "Local School Bond") for the purpose of financing the Project. The Board hereby authorizes the issuance and sale of the Local School Bond in the form and upon the terms established pursuant to this Ordinance. 2. Sale of the Local School Bond. The sale of the Local School Bond, within the parameters set forth in paragraph 4 of this Ordinance, to VPSA is authorized. Given the VPSA Purchase Price Objective and market conditions, the County acknowledges that the limitation on the maximum principal amount of the Local School Bond set forth in paragraph 1 of this Ordinance restricts VPSA's ability to generate the Proceeds Requested, however, the Local School Bond may be sold for a purchase price not lower than 95% of the Proceeds Requested. The Chairman of the Board, the County Administrator, or either of them (each a "Delegate") and such other officer or officers of the County as either may designate are hereby authorized and directed to enter into an agreement with VPSA providing for the sale of the Local School Bond to VPSA (the "Bond Sale Agreement"). The Bond Sale Agreement shall be in a form approved by a Delegate, which approval shall be evidenced by the execution and delivery of the Bond Sale Agreement by the applicable Delegate. 3. Details of the Local School Bond. The Local School Bond shall be dated 17 days prior to the date of its issuance and delivery or such other date designated by VPSA; shall be designated "General Obligation School Bond, Series 2021"; shall bear interest from its dated date payable semi-annually on each January 15 and July 15 beginning no earlier than July 15, 2022 (each an "Interest Payment Date"), at the rates established in accordance with paragraph 4 of this Ordinance; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts acceptable to a A-3 Delegate (the "Principal Installments"), subject to the provisions of paragraph 4 of this Ordinance. 4. Interest Rates and Principal Installments. Each Delegate is hereby authorized and directed to accept the interest rates on the Local School Bond established by VPSA, provided that each interest rate shall be five one -hundredths of one percent (0.05%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the VPSA Bonds, a portion of the proceeds of which will be used to purchase the Local School Bond, and provided further that the true interest cost of the Local School Bond does not exceed five and fifty one -hundredths percent (5.50%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. Each Delegate is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA based on the final term to maturity of the VPSA Bonds, requirements imposed on VPSA by the nationally -recognized rating agencies and the final principal amount of the Local School Bond; provided, however, that the principal amount of the Local School Bond shall not exceed the amount authorized by this Ordinance and the principal components of the Local School Bond shall amortize over no more than 20 years. The execution and delivery of the Local School Bond as described in paragraph 8 hereof shall conclusively evidence the approval and acceptance of all of the details of the Local School Bond by the Delegate as authorized by this Ordinance. 5. Form of the Local School Bond. The Local School Bond shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. A-4 6. Payment; Paving Agent and Bond Registrar. The following provisions shall apply to the Local School Bond: (a) For as long as VPSA is the registered owner of the Local School Bond, all payments of principal, premium, if any, and interest on the Local School Bond shall be made in immediately available funds to VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 am. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Local School Bond. (c) The County Administrator is hereby authorized and directed to designate a Bond Registrar and Paying Agent for the Local School Bond as required by VPSA. 7. Prepayment or Redemption. Unless required otherwise by VPSA, the Principal Installments of the Local School Bond held by VPSA coming due on or before July 15, 2031, and the definitive bond for which the Local School Bond held by VPSA may be exchanged that mature on or before July 15, 2031, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Local School Bond held by VPSA coming due on or after July 15, 2032, and the definitive bond(s) for which the Local School Bond held by VPSA may be exchanged that mature on or after A-5 July 15, 2032, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2031, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Local School Bond to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2031 through July 14, 2032 101 July 15, 2032 through July 14, 2033 1001/2 July 15, 2033 and thereafter 100 Provided, however, that the Principal Installments of the Local School Bond shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or other registered owner of the Local School Bond. Notice of any such prepayment or redemption shall be given by the Bond Registrar to VPSA or other registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. If VPSA refunds the VPSA Bonds in the future and such refunding causes the Local School Bond to be deemed refunded, the prepayment or redemption of the Local School Bond will be subject to VPSA approval and subject to similar prepayment or redemption provisions as set forth above that correspond to the call period of the VPSA bonds issued in part to refund the Local School Bond. A-6 8. Execution of the Local School Bond. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Local School Bond and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on the Local School Bond as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any portion of the Local School Bond shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Local School Bond as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Tax Compliance Agreement. The Chairman of the Board, the County Administrator and such other officer or officers of the County or the School Board as either may designate are hereby authorized and directed to execute and deliver on behalf of the County a Use of Proceeds Certificate and Tax Compliance Agreement (the "Tax Compliance Agreement") setting forth the expected use and investment of the proceeds of the Local School Bond and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the VPSA Bonds. The Board covenants A-7 on behalf of the County that (i) the proceeds from the issuance and sale of the Local School Bond will be invested and expended as set forth in such Tax Compliance Agreement and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the VPSA Bonds will remain excludable from gross income for federal income tax purposes. 11. State Non -Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Director of Finance to participate in the State Non -Arbitrage Program in connection with the Local School Bond. The Chairman of the Board, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Local School Bond by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board, the County Administrator and such other officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix D to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as A-8 amended, and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by VPSA to be a MOP (as defined in the Bond Sale Agreement). 13. Refunding. The Board hereby acknowledges that VPSA may issue refunding bonds to refund any bonds previously issued by VPSA, including the VPSA Bonds issued to purchase the Local School Bond, and that the purpose of such refunding bonds would be to enable VPSA to pass on annual debt service savings to the local issuers, including the County. Each of the Delegates is authorized to execute and deliver to VPSA such along to the Local School Bond, revised debt service schedule, IRS Form 8038-G or such other documents reasonably deemed necessary by VPSA and VPSA's bond counsel to be necessary to reflect and facilitate the refunding of the Local School Bond and the allocation of the annual debt service savings to the County by VPSA. The Clerk to the Board of Supervisors is authorized to affix the County's seal on any such documents and attest or countersign the same. 14. Filing of Ordinance. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Ordinance to be filed with the Circuit Court of the County. 15. Election to Proceed under Public Finance Act. In accordance with Section 15.2-2601 of the Virginia Code, the Board elects to issue the Local School Bond pursuant to the provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code. 16. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one A-9 of them may consider necessary or desirable in connection with the issuance and sale of the Local School Bond and otherwise in furtherance of this Ordinance and any such action previously taken is hereby ratified and confirmed. 17. Effective Date. This Ordinance shall take effect immediately. A-10 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 2021 Dated Date: October _, [17 days prior to issuance], 2021 Issue Date: November _, 2021 The COUNTY OF ROANOKE VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY ("VPSA") the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 20 and annually on July 15 thereafter to and including July 15, 20 (each a "Principal Payment Date"), together with interest from the dated date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15, 2022 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Principal of and interest and premium, if any, on this Bond are payable in lawful money of the United States of America. For as long as VPSA is the registered owner of this Bond, , as bond registrar (the "Bond Registrar"), shall make all payments of the principal of and interest and premium, if any, on this Bond, without the presentation or surrender hereof, to VPSA, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or A-11 date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of the principal of and interest and premium, if any, on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The Ordinance adopted by the Board of Supervisors authorizing the issuance of this Bond provides, and Section 15.2-'2624, Code of Virginia 1950, as amended (the "Virginia Code"), requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of and interest and premium, if any, on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code, and Ordinances duly adopted by the A-12 Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the VPSA, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the VPSA on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive bonds as hereinabove provided, such definitive bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2031 and the definitive bonds for which this Bond may be exchanged that mature on or before July 15, 2031, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due on or after July 15, 2032, and the definitive bonds for which this Bond may be exchanged that mature on or after July 15, 2032, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2031, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to A-13 be prepaid or the principal amount of this Bond to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2031 through July 14, 2032 July 15, 2032 through July 14, 2033 July 15, 2033 and thereafter 101% 1001/2 100 Provided, however, that the principal installments of this Bond shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of VPSA or other registered owner of this Bond. Notice of any such prepayment or redemption shall be given by the Bond Registrar to VPSA or other registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. If VPSA refunds its bonds issued in part to purchase this Bond in the future and such refunding causes this Bond to be deemed refunded, the prepayment or redemption of this Bond will be subject to VPSA approval and subject to similar prepayment or redemption provisions as set forth above that correspond to the call period of the VPSA bonds issued in part to refund this Bond. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. A-14 IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman or Vice -Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated October [17 days prior to the closing date], 2021. (SEAL) ATTEST: Chief Deputy Clerk, Board of Supervisors of the County of Roanoke, Virginia COUNTY OF ROANOKE, VIRGINIA Chairman, Board of Supervisors of the County of Roanoke, Virginia A-15 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. A-16 Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) VIRGINIA PUBLIC SCHOOL AUTHORITY BOND SALE AGREEMENT Name of County, City or Town (the "Locality"): COUNTY OF ROANOKE, VIRGINIA VPSA Sale Date: Expected to be on or about October 19, 2021 Closing Date: Expected to be on or about November 9, 2021 Proceeds Requested: $22,440,000 Maximum Authorized Par Amount: $22,440,000 Amortization Period: Please specify your preferred amortization Number of Years of Principal Amortization: schedule (check one preference): 20 years, beginning (Check requested date): n Level Debt Service ® July 15, 2022 171 Level Principal ❑ July 15, 2023 n Other (attach proposed amortization ❑ Other structure) ****************************************************************************** 1. Virginia Public School Authority ("VPSA") hereby offers to purchase, solely from the proceeds of VPSA's 2021 Fall Pool Bonds (the "VPSA Bonds"), your general obligation school bond ("local school bond") at a price, determined by VPSA to be within the parameters set forth in your local resolution (as defined below) that, subject to VPSA's purchase price objective and market conditions described below, is substantially equal to your Proceeds Requested set forth above (as authorized by your local resolution). The sale date of the VPSA Bonds is tentatively scheduled for the week of October 18, 2021 but may occur, subject to market conditions, at any time between October 5, 2021 and December 31, 2021 (the "VPSA Sale Date"). You acknowledge that VPSA has advised you that its objective is to pay you a purchase price for your local school bond which in VPSA's judgment reflects its market value ('purchase price objective') taking into consideration such factors as the amortization schedule you have requested for your local school bond (as set forth above) relative to the amortization schedules requested by the other localities for their respective bonds, the purchase price received by VPSA for the VPSA Bonds and other market conditions relating to the sale of the VPSA Bonds. You further acknowledge that VPSA has advised you that such factors may result in your local school bond having a value other than par and that in order to receive an amount of proceeds that is substantially equal to your Proceeds Requested, you may need to issue your local school bond with a par amount that is greater or less than your Proceeds Requested. You, at the request of VPSA, agree to issue your local school bond in a par 149995666.2 amount not in excess of the Maximum Authorized Par Amount to provide, to the fullest extent practicable given VPSA's purchase price objective, a purchase price for your local school bond and a proceeds amount that is substantially equal to your Proceeds Requested. You acknowledge that the purchase price for your local school bond will be less than the Proceeds Requested should the Maximum Authorized Par Amount be insufficient, based upon VPSA's purchase price objective, to generate an amount of proceeds substantially equal to your Proceeds Requested. 2. You represent that on or before October 4, 2021, your local governing body will have duly authorized the issuance of your local school bond by adopting a resolution in substantially the form attached hereto as Appendix B (the "local resolution") and that your local school bond will be in the form set forth in the local resolution. Any changes that you or your counsel wish to make to the form of the local resolution and/or your local school bond must be approved by VPSA prior to adoption of the local resolution by your local governing body. You represent that a certified copy of the local resolution was filed with the Circuit Court of the County of Roanoke, Virginia, on October , 2021. 3. You represent that the information provided in your VPSA financing application under the Section entitled "Tax Matters," together with all attachments to such responses and supplemental and/or amendatory letters and information, is true, accurate and complete on the date hereof and there are no facts or circumstances that would cause such information to be materially inaccurate or incomplete. 4. You hereby covenant that you will comply with and carry out all of the provisions of the Continuing Disclosure Agreement in the form attached hereto as Appendix D, which agreement is hereby incorporated by reference herein and expressly made a part hereof for all purposes. VPSA has defined a Material Obligated Person ("MOP") for purposes of the Continuing Disclosure Agreement as any Local Issuer (as defined therein) the principal amount of whose local school bond(s) pledged under VPSA's 1997 Resolution (as defined therein) comprises more than 10% of the total principal amount of all bonds of VPSA outstanding under the 1997 Resolution. MOP status with respect to the VPSA Bonds will be determined by comparing the principal amount of your local school bond(s) to the principal amount of the bonds outstanding under the 1997 Resolution. MOP status for future VPSA bonds issued under the 1997 Resolution will be determined by adding the principal amount of your local school bond(s) to be sold to VPSA and the principal amount of your local school bond(s) previously sold to VPSA and pledged under VPSA's 1997 Resolution and measuring the total against 10% of the face value of all bonds of VPSA outstanding as of a bond closing date under VPSA's 1997 Resolution. If you are or may be a MOP with respect to the VPSA Bonds, VPSA will require that you file all the information described in the following paragraph prior to VPSA's distribution of its Preliminary Official Statement, currently scheduled for the week of October 4, 2021. You acknowledge that if you are, or in the sole judgment of VPSA may be, a MOP following the issuance of your local school bond that is the subject of this Bond Sale Agreement, VPSA will include by specific reference in its Preliminary Official Statements and final Official Statements (for this sale and, if you remain a MOP or become a MOP again after ceasing to be a MOP, for all applicable future sales) the -2- information respecting you ("Your Information") that is on file with the Municipal Securities Rulemaking Board (the "MSRB") through its Electronic Municipal Market Access System. Accordingly, if VPSA has determined that you are at any time a MOP (I) following the delivery of your local school bond to VPSA in connection with this sale, or (II) during the course of any future sale, whether or not you are a participant in such sale, you hereby represent and covenant to VPSA that you will file such additional information, if any, as is required so that Your Information, as of each of (I)(A) the date of VPSA's applicable Preliminary Official Statement (in the case of this sale, expected to be October 8, 2021), (B) the date of VPSA's applicable final Official Statement (in the case of this sale, expected to be October 19, 2021) and (C) the date of delivery of VPSA's Bonds (in the case of this sale, expected to be November 9, 2021) and (II) such other dates associated with future sales as VPSA may specify to you, will be true and correct and will not contain any untrue statement of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it is included by specific reference in VPSA's official statement or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading. You further agree to furnish to VPSA a copy of all filings related to your local school bond(s) you make with the MSRB subsequent to the date of this Agreement. Such copy will be furnished to VPSA on or before the day that any such filing is made.' VPSA will advise you in writing within 60 days after the end of each fiscal year if you were a MOP as of the end of such fiscal year. Upon written request, VPSA will also advise you of your status as a MOP as of any other date. You hereby covenant that you will provide the certificate described in clause (a)(v) of Section 5 below if VPSA includes Your Information by specific reference in its disclosure documents in connection with this sale or any future sale, whether or not you are a participant in such sale. 5. VPSA's commitment to purchase your local school bond is contingent upon satisfaction of the following conditions. (a) VPSA's receipt on the Closing Date of (i) your local school bond which shall include and otherwise meet the Standard Terms and Conditions contained in Appendix A hereto; (ii) certified copies of the local resolution (see Appendix B attached hereto) and the school board resolution, if applicable (see Appendix C attached hereto); (iii) an executed agreement, among VPSA, you and the other, if applicable, local units simultaneously selling their bonds to VPSA, the depository and the investment manager for the State Non -Arbitrage Program® ("SNAP®"), 1 To provide you some perspective on this requirement, as of June 30, 2021, VPSA would have had to have pledged under its 1997 Resolution approximately $232 million of your bonds for you to have been designated a MOP. -3- providing for the custody, investment and disbursement of the proceeds of your bonds and the other general obligation school bonds, and the payment by you and the other local units of the allocable, associated costs of compliance with the Internal Revenue Code of 1986, as amended, and any costs incurred in connection with your participation in SNAP® (the "Proceeds Agreement"); (iv) an executed copy of a Use of Proceeds Certificate and Tax Compliance Agreement (the "Tax Compliance Agreement") in the form provided by VPSA's bond counsel; (v) if you are a MOP and VPSA has included by specific reference Your Information into VPSA's Preliminary and final Official Statement, your certificate dated the date of the delivery of the VPSA Bonds to the effect that (i) Your Information was as of the date of VPSA's Preliminary and final Official Statements, and is as of the date of the certificate which shall be dated the closing date, true and correct and did not and does not contain an untrue statement of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it is included by specific reference in VPSA's Official Statements or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading, and (ii) you have complied in all material respects with your undertakings regarding the amendments adopted on November 10, 1994 to Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, for the preceding five years; (vi) an approving legal opinion from your bond counsel in form satisfactory to VPSA that: (A) your local school bond is a valid and binding general obligation of the Locality; (B) the current and expected use of the proceeds of your local school bond and the financed property by the Locality and the School Board of the Locality will not result in the local school bond being considered a "private activity bond" within the meaning of Section 141 of the Internal Revenue Code of 1986, as amended; (C) the terms and provisions of your local school bond conform to the requirements of this Bond Sale Agreement including the appendices attached hereto; and (D) the Locality has duly authorized, executed and delivered this Bond Sale Agreement, the Continuing Disclosure Agreement, the Tax Compliance Agreement and this Bond Sale Agreement, the Proceeds Agreement, and the Continuing Disclosure Agreement, the Tax Compliance Agreement and the Proceeds Agreement are valid, binding and enforceable in accordance with their terms; -4- (vii) a transcript of the other customary closing documents not listed above; and (viii) the proceeds of the VPSA Bonds. (b) If you will be using the proceeds of your local school bond to retire a bond anticipation note, certificate of participation or other form of financing (the "Refunded Debt"), receipt by VPSA of: (i) an opinion of your bond counsel that, as of the Closing Date, the Refunded Debt will have been paid in full or defeased according to the provisions of the instrument authorizing the Refunded Debt (in rendering such opinion bond counsel may rely on a letter or certificate of an accounting or financial professional as to any mathematical computations necessary for the basis for such opinion); and (ii) an executed copy of the escrow deposit agreement/letter of instruction providing for the retirement of the Refunded Debt. (c) Your compliance with the terms of this Bond Sale Agreement. One complete original loose bound transcript (with tabs) of the documents listed above shall be provided by your counsel to McGuireWoods LLP, bond counsel to VPSA, on the Closing Date or, with VPSA's permission, as soon as practicable thereafter but in no event more than thirty (30) business days after the Closing Date. 6. You hereby covenant that you will pay to VPSA the reasonable costs and expenses, including reasonable attorneys' fees, if any, incurred by VPSA in connection with any amendment to or discretionary action that VPSA undertakes at the request of the Locality with respect to the local school bond, or the VPSA Bonds associated with the local school bond, and the Locality shall pay such amounts no later than 30 days after VPSA sends the Locality an invoice for such expenses. 7 Subject to the conditions described in Section 5 hereto, this Bond Sale Agreement shall become binding as of the later of the VPSA Sale Date and the date you execute this Bond Sale Agreement. -5- Dated as of October 5, 2021. VIRGINIA PUBLIC SCHOOL AUTHORITY COUNTY OF ROANOKE, VIRGINIA By: By: Authorized VPSA Representative Name: Daniel R. O'Donnell Title: County Administrator [Signature Page to Bond Sale Agreement] (For information only; not part of the Bond Sale Agreement.) Please have the presiding officer, or other specifically designated agent, of your governing body execute two (2) copies of this Bond Sale Agreement and return them no later than close of business on October 5, 2021 to, Jay Mahone, Public Finance Manager, Virginia Public School Authority, P. O. Box 1879, Richmond, Virginia 23218-1879 or by hand or courier service, James Monroe Building- 3rd Floor, 101 N. 14th Street, Richmond, Virginia 23219. VPSA recommends the use of an overnight delivery service to ensure timely arrival of your documents. If your governing body or bond counsel requires more than one originally signed Bond Sale Agreement, please send the appropriate number; all but one will be returned at closing. APPENDIX A APPENDIX B APPENDIX C APPENDIX D - Standard Terms and Conditions - Form of Bond Resolution - Form of School Board Resolution - Continuing Disclosure Agreement -7- 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: September 21, 2021 AGENDA ITEM: Ordinance authorizing the granting of a new twenty -foot (20') sanitary sewer easement for residential development to the Western Virginia Water Authority on property owned by the Roanoke County Board of Supervisors, located on Crossbow Circle (Route 1290) near Elk Hill Drive (Route 1294), Cave Spring Magisterial District SUBMITTED BY: APPROVED BY: ISSUE: Tarek Moneir Director of Development Services Daniel R. O'Donnell County Administrator Ordinance authorizing the granting of a new twenty foot (20') sanitary sewer easement for residential development to the Western Virginia Water Authority (WVWA) on property owned by the Roanoke County Board of Supervisors, located on Crossbow Circle (Route 1290) near Elk Hill Drive (Route 1294), Cave Spring Magisterial District. BACKGROUND: The Western Virginia Water Authority is requesting a twenty -foot (20') sanitary sewer easement crossing an existing right-of-way (ROW) known as Crossbow Circle. This portion of the ROW is the only area that was never dedicated to VDOT in order to be taken into the state maintained highway system. The purpose of the easement is to extend sanitary sewer service to newly created parcels for residential development, as shown on the attached plat. DISCUSSION: The easement is necessary for the installation and maintenance of a public, sanitary sewer connection to newly created parcels for residential development, located at the corner of Elk Hill Drive and Crossbow Circle. Sewer can be provided to the property by Page 1 of 2 the sewer main extension and connection to the exiting 8" public sanitary main located on Hunting Hills Drive via private easement located on the newly created tract 3 along the eastern part of Crossbow Circle. All costs associated with the design and construction of the public sewer improvement required to serve this new parcel will be the responsibility of the owner/developer. Once this sanitary sewer easement is granted by Roanoke County, plans will be submitted for review and approval. Depending on how the property is developed, WVWA will assume the responsibility for ongoing maintenance of the sewer service. The Western Virginia Water Authority understands that this portion of Crossbow Circle may one day be taken into the Virginia Department of Transportation state -maintained highway system. In preparation for that, the plat includes the following provision: "THE NEW 20' PUBLIC SANITARY SEWER EASEMENT SHALL BE VACATED AT THE TIME CROSSBOW CIRCLE IS TAKEN INTO STATE MAINTENANCE BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION." FISCAL IMPACT: There is no additional fiscal impact associated with this agenda item. The WVWA will maintain the public sanitary sewer within the easement. STAFF RECOMMENDATION: Staff recommends approval of the first reading and scheduling of the second reading for October 5, 2021. Page 2 of 2 Consideration: N/A; see exemption below Tax Map Nos. 087.12-01-21.05-0000 087.12-01-21.06-0000 Prepared by: Douglas S. Wilson, VSB #81088 4725 Garst Mill Rd Ste 3 Roanoke, Virginia 24018 Return to: Western Virginia Water Authority 601 S. Jefferson St Ste 300 Roanoke, Virginia 24011 This Deed is exempt from recordation taxes pursuant to Sections 58.1-811(A)(3) and (C)(5) of the Code of Virginia (1950), as amended. THIS EASEMENT AGREEMENT, made this 15th day of July, 2021, by and between BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, a political subdivision of the Commonwealth of Virginia (the "Grantor"); and the WESTERN VIRGINIA WATER AUTHORITY, a water and sewer authority created pursuant to Chapter 51 of Title 15.2 of the Code of Virginia (1950), as amended ("Grantee"). : WITNESSETH : That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with the execution and delivery of this Easement Agreement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easements, to -wit: A new twenty foot (20') PUBLIC SANITARY SEWER EASEMENT and a variable width temporary construction easement, to construct, install, improve, operate, inspect, use, maintain, repair or replace a sewer line or lines together with related improvements including slope(s), if applicable (collectively, the "easement"), together with the right of ingress and egress thereto from a public road, upon, over, under, and across a portion of those tracts or parcels of land as shown and generally described on that certain plat of survey entitled "Plat Showing A New 20' Public Sanitary Sewer Easement being granted by ROANOKE COUNTY BOARD OF SUPERVISORS to the WESTERN VIRGINIA WATER AUTHORITY Situated Across Crossbow Circle 49' South Of Elk Hill Drive Cave Spring Magisterial District Roanoke County, Virginia," dated March 22, 2021, and prepared by Larry Thomas Ogle, Jr., Land Surveyor, a copy of which plat of survey is attached hereto and by this reference made a part hereof and more particularly described as being centered over the constructed sewer line or lines. The Grantee agrees to restore and repair any actual damage to Grantor's property which 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 Page 1 of 3 Property to the identical original condition, but rather as near thereto as is practicable to the condition at the time the easement was granted, 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 shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endangers or interferes 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 the Property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee or its assigns and further grantees shall remain the property of the Grantee or its assigns and further grantees. 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 heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement herein granted. The grant and provision of this Easement Agreement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. WITNESS the following signatures: GRANTOR: BOARD OF SUPERVISORS OF COUNTY OF ROANOKE, VIRIGNIA By: Printed Name: Title: Roanoke County Administrator Page 2 of 3 COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this day of 2021, by , as County Administrator of Roanoke County, Virginia, on behalf of the County, Grantor Notary Public My Commission Expires: My Registration Number is: GRANTEE: WESTERN VIRGINIA WATER AUTHORITY By: Name: Scott Kroll Title: Director of Engineering Services COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this day of 2021, by Scott Kroll, Director of Engineering Services for the Western Virginia Water Authority, on behalf of said corporation, Grantee. 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O F--i z w AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 21, 2021 ORDINANCE AUTHORIZING THE GRANTING OF A NEW TWENTY - FOOT (20') SANITARY SEWER EASEMENT FOR RESIDENTIAL DEVELOPMENT TO THE WESTERN VIRGINIA WATER AUTHORITY ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS, LOCATED ON CROSSBOW CIRCLE (ROUTE 1290) NEAR ELK HILL DRIVE (ROUTE 1294), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Western Virginia Water Authority has requested a twenty -foot (20') sanitary sewer easement crossing an existing right-of-way known as Crossbow Circle in order to extend sanitary sewer service to newly created parcels for residential development; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and disposition of real estate be authorized only by ordinance; and WHEREAS, a first reading of this ordinance was held on September 21, 2021 and the second reading was held on October 5, 2021; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provision of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for conveyance to the Western Virginia Water Authority for purposes of a public sanitary sewer easement. 2. That conveyance to the Western Virginia Water Authority of a new public sanitary sewer easement as shown and described upon the plat entitled "PLAT SHOWING A NEW 20' PUBLIC SANITARY SEWER EASEMENT BEING GRANTED BY ROANOKE COUNTY BOARD OF SUPERVISORS TO THE WESTERN VIRGINIA Page 1 of 2 WATER AUTHORITY" prepared by Lumsden Associates, P.C., dated March 22, 2021, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts and appropriates the payment of $1.00 as fair market value compensation for this easement. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on a form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 ACTION NO. ITEM NO. H.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: Public hearing to receive citizen comments regarding a proposed amendment to the fiscal year 2021-2022 budget in accordance with Code of Virginia Section 15.2-2507 SUBMITTED BY: APPROVED BY: ISSUE: Laurie Gearheart Director of Finance and Management Services Daniel R. O'Donnell County Administrator Public hearing for budget amendment BACKGROUND: This is a public hearing to secure citizen's comments concerning amending the fiscal year 2021-2022 budget by adjusting the aggregate amount to be appropriated during the fiscal year by $11,465,194.98. DISCUSSION: Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds one (1) percent of the total expenditures shown in the adopted budget, the County must publish notice of a meeting and public hearing. The notice must state the County's intent to amend the budget and include a brief synopsis of the proposed budget amendment(s). This notice was published on September 14, 2021. Ordinance accepting and appropriating $11,465,194.98 in additional COVID-19 grants for Roanoke County Public Schools FISCAL IMPACT: There is no fiscal impact as a result of the public hearing. Requests for the Page 1 of 2 appropriation will occur later on this agenda. STAFF RECOMMENDATION: It is recommended that the Board hold the required public hearing. Board action appropriating funds, as provided in this notice, will occur later during this meeting. Conducting the public hearing does not guarantee the requested appropriation will be approved. Page 2 of 2 ACTION NO. ITEMNO.I1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Ordinance accepting and appropriating $11,465,194.98 in additional COVID-19 Grants for Roanoke County Public Schools Rebecca Owens Assistant County Administrator Daniel R. O'Donnell County Administrator Approval of and appropriation of $11,465,194.98 to the Roanoke County Public Schools in additional COVID-19 Grants BACKGROUND: Additional federal support was awarded to Roanoke County Public Schools from the Coronavirus Response and Relief Supplemental Appropriations Act approved in December 2020 and from the American Rescue Plan Act approved in March 2021. DISCUSSION: The additional federal support from the Coronavirus Response and Relief Supplemental Appropriations Act is allocated as follows: Coronavirus Response and Relief Supplemental Appropriations ESSER II - Unfinished Learning - $987,000. This grant provides additional funding to school divisions allowing them to address unfinished learning through increased face to face instruction and/or small group learning such as is provided or through recommended expanded summer programs. Page 1 of 2 Total Coronavirus Response and Relief Supplemental $987,000 American Rescue Plan Act: ESSER III - $9,748,627.28 - This grant will provide funding for the followings: - $1,478,454.91 for prevention and mitigation strategies - $2,475,496.17 to address unfinished learning - $469,882.50 to address students' academic, social, and mental health needs - $5,324,793.70 for other uses to include multi -year funding for nurses, virtual school options for families, stipend for teachers and therapists, and one daily teacher substitute position assigned to each school. See attached presentation pages 15-16 for more detail of the expenditures. Special Education IDEA PART B $679,858.70 - Combined with the ESSER III grant this will support 26 Special Education teachers for 1 year. Special Education Preschool IDEA PART B-$49,709. - This grant will provide instruction materials for Special Education Preschool. Total American Rescue Plan Act $10,478,194.98 There have been no changes since the first reading of this ordinance on September 7, 2021. FISCAL IMPACT: Federal Funds appropriated to the Roanoke County Public Schools' Grant Fund totals $11,465,194.98. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Page 2 of 2 Access Type Preferred Date Absolute Date Fiscal Impact Dollar Amount Budgeted Budget Source Recommended Action Public Content Agenda Item Details Meeting Aug 26, 2021 - Roanoke County School Board Meeting Category 8. ACTION ITEMS Subject 8.02 Request to Accept Additional COVID-19 Grants and Request an Increase in the Grant Fund Budget Ordinance By $11,465,194.98 - Mrs. Susan Peterson Public Action Aug 26, 2021 Aug 26, 2021 Yes 11,465,194.98 No Federal Grants 1. Request to Accept Additional COVID-19 Grants and Request an Increase in the Grant Fund Budget Ordinance By $11,465,194.98. 2. Request to Amend the 2021-2022 Annual Budget to Transfer $5,550,000 for the COVID-19 Grant from the Minor Capital Fund to the Grants Fund and to Increase the Grants Fund by the remaining $1,716,566.98. Request to Accept Additional COVID-19 Grants and Request an Increase in the Grant Fund Budget Ordinance By $11,465,194.98. Additional federal support was awarded to Roanoke County Public Schools from the Coronavirus Response and Relief Supplemental Appropriations Act approved in December 2020 and from the American Rescue Plan Act approved in March 2021. Coronavirus Response and Relief Supplemental Appropriations ESSER II - Unfinished Learning (Memos 163-21) American Rescue Plan Act ESSER III (Memos 110-21) Special Education IDEA PART B (Memos 198-21, -21c, -21e) Special Education Preschool IDEA PART B (Memo 198-21, -21d, -21e) Total Additional Grants Start End Amount 3/13/20 9/30/23 987,000.00 987,000.00 Start End 3/13/20 9/30/24 3/13/20 9/30/22 3/13/20 9/30/22 Amount 9,748,627.28 679,858.70 49,709.00 10,478,194.98 11,465,194.98 There are requirements surrounding obtaining stakeholder input regarding the use of the ESSER III funds, this was performed through the following manners: 8/12 Public Hearing during the regular School Board Meeting 8/16 Parent Advisory Council Meeting 8/22 Student Advisory Council Survey 8/23 Employee Advisory Committee Meeting 8/24 Principal Meeting 8/25 Final Superintendent's Cabinet Review and Recommendation All of this information is also available on the Finance webpage. The Virginia Department of Education Superintendent's Reports for each of the programs, the responses from the stakeholder meetings, and a report with the recommended use of the funds for each program are attached. Staff recommends approval of the additional COVID-19 grants and requests an increase in the Grant Fund Budget Ordinance By $11,465,194.98 from the Board of Supervisors of the County of Roanoke. Request to Amend the 2021-2022 Annual Budget to Transfer $5,550,000 for the COVID-19 Grant from the Minor Capital Fund to the Grants Fund and to Increase the Grants Fund by the remaining $1,716,566.98. On March 25, 2021, the School Board adopted the 2021-2022 Annual Budget. Subsequently, the Board of Supervisors adopted the Operations, Capital, and CSA ordinances on May 11, 2021. Below is a summary of the adopted budget by the Fund and how it is adopted by the Ordinance. Fund General Instructional Resources Fleet Replacement Technology Replacement Grant Capital Projects Nutrition Student Activity Fund Adopted Budget 156,382,733 1,470,960 1,283,556 5,056,445 11,470,953 20,404,592 5,955,651 7,200,000 209,224,890 County of Roanoke Appropriations CSA Operations Capital Transfers ESSER III Total 051121-8 051121-9 051121-7 .(Waiting,). Budget 156,382,733 - 1,879,000 - 158,261,733 1,470,960 - - 1,470,960 1,283,556 - - 1,283,556 5,056,445 - - 5,056,445 7,272,325 - 4,198,628 11,470,953 - 14,854,592 5,550,000 20,404,592 5,955,651 - - 5,955,651 7,200,000 - - 7,200,000 184,621,670 14,854,592 1,879,000 9,748,628 211,103,890 Since the total amount of the ESSER III funds was available at the time, the $9,748,628 was included in the School Board original budget but was split between the Grant Fund and the Minor Capital Fund. After this presentation staff recommends maintaining the full ESSER III grant in the Grant Fund rather than splitting it between the Minor Capital Fund and the Grant Fund. This would require approval from the School Board to transfer $5,550,000 of budget from the Minor Capital Fund to the Grant Fund. In addition, an overall increase in the Grant Fund of $1,716,566.98 is requested to accommodate the new funds. Staff recommends approval of a $5,550,000 budget transfer from the Minor Capital Fund to the Grant Fund and an increase in the Grant Fund of $1,716,566.98. l 163-21.pdf (201 KB) ] i 163-21a.docx (36 KB) 163-21b.xlsx (50 KB) J 163-21c.docx (27 KB) r 110-21.pdf (214 KB) L 110-21a.docx (36 KB) 110-21b.xlsx (45 KB) 110-21c.docx (27 KB)— L 110-21d.docx (30 KB) 198-21.pdf (420 KB) 198-21c.xlsx (86 KB) 1 P 198-21d.xlsx (53 KB) ] P 198-21e.docx (24 KB) 2021-08-26 Board Meeting Presentation.pdf (852 KB) 2021-08-26 Summary of Funding Request.xlsx (31 KB) Z 0 u W 0 Z a 0 vi 0 O u VI DI la C C O = 64-0 LJCD 4-0 01 C I 0 ti) >ci. 0 0 Board Meeting 0 0 s c August 26, 2021 COVID-19 Funding Presentation - School Board Meeting Z D 0 V W 0 °o Zv (0" >, E D V) 0) c. f3 c D LL 01 I 6 > 0 u What Have We Done? V) +-; r2 V 01 I 6 > 0 u (0 0 Q L_ +-; V (/) 0_ C +-; C E o .-Jo ra L O Cn a) C -0 L_ -0 a) o O E m }, v) _c E a) (1) 0 (1) (0 V .> CT COVID-19 Funding Presentation - School Board Meeting 1Ti4� 1 1; V 3 V CD 0 V W ea w N 3 O 0 >' > V V N N Cll M M N M M M M O O Viiiiiii 0 0 0 0 0 0 0 CC 03 +—, +—, NJ NJ NJ NJ NJ NJ NJC C C M x— Ln O O NJ NJ O O O l0 NJ CO NJ NJ NJ NJV V 0 O x— O'—'—'— x— (3 (3 O cp 0 w N cp 0 i +(.+ V) 1,881,630.12 2,359,630.00 1,080,054.54 0 0 0 0 N l0 O O O l0 I� I� O l0 O 0> Ln 1- c to M l0 l0 M N N N N N N N N N N N N N O O Co O O O MMMMMM C C O O O O O O O O O N N N N N N N N N m m m M m d> NJMMM M M M M M I-M M M d> d> M Ln M 0> O x— Ln Ln t42lfl Ln lfl O I- L. 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V V V a a a w w w V V V a a a N C/) C/) V a N- 0 0 0 0 0 N- 0 0 0 0 0 M O O O O O OQQQQQO) o O O O O O I- O 0 0 0 0 co I� 0 0 0 0 0 N- 0 0 0 0 0 M O O O O O O 0 0 0 0 0 O o O O O O O I- O o 0 0 0 rn 00 u 1 lfl N L— rn V) L) Additional desks and N 0_ N N CNI O Q - 0 0 0 CV CV CD 3 cn � ra c c Cleaning and sanitization supplies 1,478,454.91 15% O O O schools -childcare coronavirus )ers align with the CDC Prevention Strategies referenced at: cn a G7 J s Lit V 0 LOI O 0-) N ul 0) LSD o N- 7 >, c 0 0 • c ra C6 >, a s :tic) U c c 0 0 .4 .4 V V -0 -0 CI) CI) 0") �a (a • E W W O Q Q N N J in in i 2,475,496.17125% h, L O h, L O 1,256,352.93 lded through ARPA ESSSER III and partially funded through ARPA IDEA Part B §611 COVID-19 Funding Presentation - School Board Meeting w w J H 0 O M 0 0 fa 47 H 2,267,109.00 O O O O O 0000 O ui O M lfl O N N- u-) O co co N N O O c0 lfl I� lfl to M O LJ Lo O O O O M O O O c0 O O O O L.C:5- Lri O cri O O N co co N V w u N 162,000.00 °AC O 0 LSD O O O O O O O O o O O O O O O M O u'i O O 71- o O N N a O h- c0 ui O co O O O lO La. O N O N LC) O N- co co N 0 ra s c _ ra O cn O - t v s ra cn V t v ra N O O Ov w N c CD Q N -0 0 C 0 :�.P� t. OCL L) c C — .-P 0 w IA -0 Q N = N L 3 0 L� 0 � 4- w E 4- 0 Ln c 0 Q 0 N 4 c 0 CU aU aU CU c 0 0 s v Ln ra -o c N E w w c ra i9 N E s s 0 Ln c 0 ca Ln 4- N 5,324,793.70 55% 1,919,854.60 2,828,426.30 V w ( life counselors for Title I schools (MPE, MVE, WEC) uJ N N uJ part-time school counselor at GVE 469,882.50 5% O LC) N CO O L!i N co r. 1 M Lf1 0 M 5,371,573.64 Total ESSER III COVID-19 Funding Presentation - School Board Meeting W L CL W0 z D 0 u W 0 O 0s Zv 0-Q N 0 N ta u Q to a u 0 a) GC to u •_ a) E a 0 0 N N.06 co 00 CO o> a 0 .470 CC M W Additional 26 special education teachers (year 1)** DEA Part B §611 Specia 0 H Instructional Materials Education Preschoo DEA Part B §619 Specia c5 0 H COVID-19 Funding Presentation - School Board Meeting a) rs) -a N N O N O N Z 0 u W 0 Z 0 0 O i a. a. O u -o a) Q 0 Ordinances m O m kJ" lf) N- 01 O m LD N- co N N c N U (13 Q (13 U u f) c 0 c3 4) Q 0 co N co m O m kJ, v) v) N O m co N- co m N 158,261,733.00 1,470,960.00 1,283,556.00 m O m kJ) lf) N- O v) O rri N co co m O m kJ, lf) N- O v) N O m co N- co �1 u 5,056,445.00 LIS N m N N N m N N 18,737, 519.98 7,266,566.98 11,465,194.98 N CO N CO 14,854,592.00 (5,550,000.00) N Ln O N N O N Lei 5,955,651.00 N N 7, 200, 000.00 N 1,879,000 1201,355,262 N co N co CO N co co M N co CO N N N Difference Between School Board Budget and Approved Ordinances COVID-19 Funding Presentation - School Board Meeting 0 0 64-• 0 a, CT a) Z 0 u W 0 Z 0 0 s V C a) •v 0 C +-' c 4) 4) S u o v) C -0 • v) czE ,5 ,i=2 ..cpc 22 (0 D ? CD v) -0 0-•E % O ca � L ' O L C c -2 },0 cn °C +_, •2 (0 c -2 c -0 -i--; c 0) o 2 fi c a.) rc, _o (la 0 (3) 01 c.9 0 ro u w w -0 -0 ems+ C0-0 0 •- E o M O UQfliiO . 7o4-i ct, C (1) L CO a--' s L.r L • O }' V }, U bek L 6+-1 4)) • C w- CO Z:3 C 01 v) _1 -0 fi ( 0 1— • 2 (5: %-0 "-+-• Lo 1 LO 0 1 N> L- )' C N- >-0 h. O O D x— h. N O O c 0-, _._ CD c\J 0_ D .1:1_ r9- ,a) ber Ce (N•1 L.L Q I O O 1— 1— C CD -0 -0 re\i *6_73 *v)mucEE*(0c c a)C D cu12 C +� L.)a) a v) fi (1) V) V) .6 O c 0 oO 2 2 o COVID-19 Funding Presentation - School Board Meeting AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 21, 2021 ORDINANCE ACCEPTING AND APPROPRIATING $11,465,194.98 IN ADDITIONAL COVID-19 GRANTS FOR ROANOKE COUNTY PUBLIC SCHOOLS WHEREAS, additional federal support was awarded to the Roanoke County Public Schools from the Coronavirus Response and Relief Supplemental Appropriations Act approved December 2020 and from the American Rescue Plan Act approved March 2021; and WHEREAS, Roanoke County Public Schools received an allocation of these funds in the amount of $987,000 from the Coronavirus Response and Relief Supplemental Appropriations Act; and WHEREAS, an allocation of funds from the American Rescue Plan Act in the amount of $10,478,194.98 was received; and WHEREAS, Roanoke County Public Schools intends to use these funds to address current capital maintenance projects related to prevention and mitigations strategies, address student mental health needs and address unfinished learning; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on September 7, 2021, and the second reading was held on September 21, 2021. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1 That the sum of $11,465,194.98 is accepted and appropriated to the Roanoke County Public Schools' Grant Fund. 2. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 ACTION NO. ITEM NO. 12 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: Ordinance authorizing the acquisition of permanent and temporary easements on property located at 2870 Riverview Road (Tax Map No. 071.03-01-03.00-0000) for development of the Roanoke River Greenway, Vinton Magisterial District SUBMITTED BY: Lindsay B. Webb Parks Planning and Development Manager APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Ordinance authorizing the acquisition of permanent and temporary easements on property located at 2870 Riverview Road (Tax Map No. 071.03-01-03.00-0000) for development of the Roanoke River Greenway in the Vinton Magisterial District BACKGROUND: The Roanoke River Greenway is a regional bicycle and pedestrian trail developing through the Roanoke Valley, linking the Cities of Roanoke and Salem, the Town of Vinton, and Roanoke County. In 2018, the Roanoke Valley Greenway Commission made the Roanoke River Greenway its number one priority in the update to the Roanoke Valley Greenway Plan. Within Roanoke County, this greenway is the primary non -motorized transportation facility linking the downtown urban area to the Blue Ridge Parkway, Explore Park, and Virginia's Blue Ridge. The Roanoke County Comprehensive Master Plan for Parks and Facilities identifies the development of greenways and trails as a high priority desired by citizens in Roanoke County. Roanoke County is overseeing the design and construction of the Roanoke River Greenway proposed between Roanoke City and Highland Road in the Vinton Magisterial District. The greenway project is a Locally Administered Project (UPC Number 91191) with oversight from the Virginia Department of Transportation (VDOT). The greenway has been designed and engineered by Hurt & Proffitt, and it will be an 8- Page 1 of 3 10-foot-wide shared use path that is proposed along the south side of the Roanoke River. Due to right-of-way acquisition issues along the project corridor, Roanoke County has reduced the scope of the project to construct two independent sections of the greenway on the western and eastern termini on property owned by the Western Virginia Water Authority and the Virginia Recreational Facilities Authority. Roanoke County staff continue to negotiate with property owners along the project corridor to acquire right-of- way to enable future construction of the greenway. DISCUSSION: The Pathfinders for Greenways, Inc. acquired permanent and temporary easements for the greenway from Norma P. Thomas on property located at 2870 Riverview Road (Tax Parcel Number 071.03-01-03.00-0000). The Deed of Easement was recorded in the Roanoke County Circuit Court Clerk's Office (Instrument Number 202000566). The Deed of Easement includes a statement that the Pathfinders for Greenways, Inc. intend to transfer the permanent and temporary easements to Roanoke County for purposes of building and maintaining the greenway, upon approval by the Roanoke County Board of Supervisors. Following the Pathfinders for Greenways acquisition of the greenway easements from Mrs. Thomas, the property was acquired by Paul O. Omiyo. The Roanoke County Attorney's Office has provided a letter to Mr. Omiyo notifying him of the County's intention to acquire the greenway easements from the Pathfinders for Greenways, Inc. There have been no changes since the first reading held on September 7, 2021. FISCAL IMPACT: The Pathfinders for Greenways, Inc. is donating the temporary and permanent easements to Roanoke County. There are no costs associated with the acquisition of these easements. The deed and ordinance have been prepared by the Roanoke County Attorney's Office. The design and construction of the greenway is funded with federal and state Transportation Alternatives (TA) and Surface Transportation Block Grant (STBG) Programs. The TA program provides eighty percent (80%) federal reimbursement of eligible project expenses and requires a minimum twenty percent (20%) local match; however, there is no local match required for the RSTP funding. The value of the donated temporary and permanent easements from the Pathfinders for Greenways, Inc. will count towards the 20% local match required for the project. Page 2 of 3 Roanoke County will be responsible for the future maintenance of the greenway. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Page 3 of 3 VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1-223,-227.1, -249 FORM A — COVER SHEET CONTENT Instrument Date: 1/21/2020 Instrument Type: DE Number of Parcels: 1 Number of Pages: 9 [ ] City [X] County ROANOKE CIRCUIT COURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION [ ] Grantor: [X] Grantee: 54 894' Business/Name 1 Grantor: THOMAS NORMA P Grantor: 1 X Grantee: PATHFINDERS FOR GREENWAY: Grantee: Grantee Address Name: PATHFINDERS FOR GREENWAYS INC Address: PO BOX 8553 City: ROANOKE Consideration: $17,000.00 PRIOR INSTRUMENT UNDER § 58.1-803(D): Original Principal: $0.00 Fair Market Value Increase: $0.00 000396 INSTRUMENT 202000566 RECORDED IN THE CLERK'S OFFICE OF ROANOKE COUNTY CIRCUIT COURT ON JANUARY 214 2020 AT 03:10 PM STEVEN A. MCGRAW, CLERK RECORDED BY: LMA (Area Above Reserved For Deed Stamp Only) 24014 State: VA Zip Code: Existing Debt: $0.00 Actual Value/Assumed: $0.00 Original Book No.: Original Page No.: Prior Recording At: [ ] City [ ] County ROANOKE Book Number: 1112 Page Number: 408 Original Instrument No.: Percentage In This Jurisdiction: Instrument Number: WB201600181 Parcel Identification Number/Tax Map Number: 071.03-01-03.00-0000 Short Property Description: GREENWAY EASEMENT FOR PUBLIC ACCESS TRAIL 100% Current Property Address: 2870 RIVERVIEW ROAD City: ROANOKE State: VA Zip Code: Instrument Prepared By: PETER LUBECK COUNTY ATTP Recording Returned To: ELIZABETH BELCHER Address: 1206 KESSLER MILL ROAD City: SALEM 1 24014 Recording Paid By: PATHFINDERS FOR GREENWAYS INC State: VA Zip Code: 24153 FORM CC-1570 (MASTER, PAGE ONE OF ONE ) 0/19 0 Copyright 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. Cover Sheet A Prepared by: Peter Lubeck, County Attomey (VSB #71223) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 00039? Prepared by the Office of the Roanoke County Attorney Official Tax Map No. 071.03-01-03.00-0000 Property Owner: Norma P. Thomas cok- THIS DEED OF EASEMENT, is entered into this d,� day of�Q 2020, by NORMA P. THOMAS (hereinafter referred to as the "Grantor"), and the PATHFINDERS FOR GREENWAYS, INC. (hereinafter referred to as the "Grantee"), a Virginia Corporation. WITNESSETH: WHEREAS, the Roanoke River Greenway is a developing bicycle and pedestrian trail identified in the regionally approved Roanoke Valley Conceptual Greenway Plan, as updated in 2018, endorsed by the City of Roanoke, County of Roanoke, County of Botetourt, City of Salem, and Town of Vinton; and WHEREAS, the 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identified the development of greenways and trails as a high priority desired by citizens in Roanoke County; and WHEREAS, an easement is needed for the eastern section of the Roanoke River Greenway ("PUBLIC ACCESS TRAIL") across portions of the Grantor's property designated as Roanoke County Tax Map No. 071.03-01-03.00-0000 (2870 Riverview Road), more particularly described on Exhibit A attached hereto; and WHEREAS, Grantee has requested, and the Grantor has agreed to, the conveyance of a perpetual greenway easement, and herein referred to as "Greenway Easement", to the Grantee for the purposes of construction of the PUBLIC ACCESS TRAIL; and Page 1. of 8 Prepared by: Peter Lubeck, County Attorney (VSB #71223) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 000398 WHEREAS, Grantor has also agreed to the conveyance of a temporary construction easement to the Grantee; and WHEREAS, upon approval by the Roanoke County Board of Supervisors, the Grantee intends to transfer the Easements to Roanoke County for the purpose of building and maintaining the PUBLIC ACCESS TRAIL. NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of .�Iee�5q'�1Q,\4'C13I(OJOLLARS ($ \'\ \0O.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby GRANTS and CONVEYS with General Warranty and Modem English Covenants of Title unto the Grantee, its successor and assigns, the following described easements, in the County of Roanoke, Virginia, to wit: A PERPETUAL VARIABLE WIDTH GREENWAY EASEMENT, herein referred to as "Greenway Easement", consisting of 9,014 square feet (0.207 acres), more or less, to construct, improve, operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL upon, over, through, and across the parcels of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number Instrument Numbers WB201600181, D.B. 1112, PG 408, and P.B. 2, PG 76) and designated on the Roanoke County Land Records as Tax Map No. 071.03-01-03.00-0000 (2870 Riverview Road). The location of said easement shall be within the area as shown upon the plat titled "Greenway Easement Over Tax Parcel ID #71.03-01-03 Vinton Magisterial District, Roanoke County" dated January 18, 2019 prepared and sealed by Christopher B. Kaknis, said PIat being attached as Exhibit A and to be recorded in the Roanoke County Clerk's Office with this deed. Together with a TEMPORARY TRAIL CONSTRUCTION EASEMENT containing 8,505 square feet (0.195 acres), more or less, as shown on the aforesaid Plat, through and across the tracts or parcels of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Numbers WB201600181, D.B. 1112, PG 408, and P.B. 2, PG 76) and designated on the Roanoke County Land Records as Tax Map No. 071.03-01-03.00-0000 (2870 Riverview Road). The Iocation of said easement shall be within the area as shown upon the plat "Greenway Easement Over Tax Parcel ID #71.03-01-03 Vinton Magisterial District, Roanoke County" dated January 18, 2019 prepared and sealed by Christopher B. Kaknis, said Plat being attached as Exhibit A and to be recorded in the Roanoke County Clerk's Page 2 of 8 Prepared by: Peter Lubeck, County Attorney (VSB #71223) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 000399 Office with this deed. The Temporary Trail Construction Easement shall automatically expire upon completion of construction or substantial completion. 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. below. Said PERPETUAL EASEMENT shall be subject to the terms and conditions stated 1. The Grantor hereby grants to the Grantee and the general public free access to and use of the Public Access Trail within the Greenway Easement subject to the laws and ordinances of Roanoke County, for the purposes including but not limited to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. There shall be no access by the Grantee or the public at -large granted by this Greenway Easement to any property of the Grantor other than the Greenway Easement and Public Access Trail described and conveyed herein on Exhibit A. The general public shall have no right to construct or improve any portion of the Greenway Easement and Public Access Trail. 2. The Greenway Easement herein conveyed shall be appurtenant to the Grantor's lands over which it runs and shall convey to the Grantee the perpetual right to install and maintain improvements, the right to go on, over and upon the said Greenway Easement for the purposes of installing, maintaining, repairing and replacing the improvements necessary for the Public Access Trail. 3. Public access with any type of motor vehicle, including but not limited to motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and snowmobiles, shall be prohibited, except to the extent vehicles are necessary for accessibility (Americans with Disabilities Act of 1990), construction, inspection, emergency calls, Page 3 of 8 Prepared by: Peter Lubeck, County Attorney (VSB #71223) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 000400 maintenance, or reconstruction of the Public Access Trail within the Greenway Easement area by the Grantee. 4. The Grantor shall retain the right to use the land subject to the Greenway Easement acquired herein on Exhibit A in any manner which shall not interfere with the use and enjoyment of said rights for recreational access to the Public Access Trail. 5. The Grantor shall not erect any building, fence, sign, guardrail, or other structure over the easement so as to render the Greenway Easement inaccessible, except that fences and gates for control of livestock may be erected and/ or maintained with the mutual consent of the Grantor and Grantee. 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. 6. There shall be no excavation or dredging, or dumping of ashes, garbage, waste, brush or other unsightly or offensive material on the Greenway Easement or Public Access Trail by the Grantor, its agents or licensees. 7. The Grantor shall have no maintenance responsibility whatsoever of the Public Access Trail within the Greenway Easement. 8. The Grantee may erect within the Greenway Easement markers, kiosks, litter receptacles, vehicle control barriers, benches, bridges, signage, fences, culverts, and gates, as deemed necessary for preservation of the Greenway Easement, use of the Public Access Trail, and safety of the Public Access Trail users. No other building or above grade structure shall be constructed by the Grantee or Grantor without written permission of the Grantor. Page 4 of 8 Prepared by: Peter Lubeck, County Attorney (VSB #71223) Roanoke County Attomey's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 000401 9. There shall be no removal, destruction, or cutting of trees within the Greenway Easement except as may be performed by the Grantee or its agent for construction or maintenance of the Public Access Trail, reduction of hazard, flood control, good husbandry practice, or prevention or treatment of disease. There shall be no removal, destruction, or cutting of trees located outside the Greenway Easement, by the Grantee, except to the extent that cutting is necessary to remove that portion of a tree that intrudes into the Greenway Easement. 10. The Grantee and its agents shall have the right to inspect the Greenway Easement and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within or upon the easements that in any way endanger or interfere with the proper use of the same. 11. The Grantee shall have the right and duty to ensure maintenance of the Public Access Trail for as long as it holds the Greenway Easement rights hereunder. 12. The Grantee shall not deny the Grantor access to the Public Access Trail or Greenway Easement. 13. The Grantee agrees to defend, indemnify, and hold harmless Grantor from and against any and all claims, demands, actions, damages, losses, and liabilities to the extent permitted by the law and without waiving any claim of sovereign immunity. However, the Grantor shall not be held harmless from liability caused by the active conduct or acts of the Grantor, its agents, invitees, or contractors which violate the terms and conditions of this Deed of Easement. The Grantor and Grantee recognize the liability protection afforded by Section 15.2-1809.1 of the Code of Virginia -- that Page 5 of 8 Prepared by: Peter Lubeck, County Attorney (VSB #71223) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 000402 the Grantee and the Grantor shall not be liable for damages resulting from any injury to any person or from a loss of or damage to the property of any person arising from the condition of the Public Access Trail, in the absence of gross negligence or willful misconduct. 14. The Grantee agrees that the Greenway Easement shall not be open to the public until such time as construction of the Public Access Trail is completed. 15. The covenants agreed to and the terms, conditions, and restrictions imposed herein shall be binding upon the Grantor and its agents, heirs, and assigns and shall continue as a servitude running in perpetuity with the described land. The Grantor agrees that the terms, conditions, and restrictions of this Greenway Easement will be inserted by it in any subsequent deed or other legal instrument by which it divests itself of either the fee simple title to, or of its possessory interest in, the subject property. 16. The parties confirm and agree that the Grantee may convey, transfer, and assign this easement and its interest and rights acquired herein. 17. Should the Grantee or its assigns cease to develop, operate, or maintain the Public Access Trail, the Grantor may request that the Greenway Easement be vacated. Grantee shall not unreasonably withhold approval of such request. WITNESS the following signatures and seal: SIGNATURES TO FOLLOW: Page 6 of 8 Prepared by: Peter Lubeck, County Attomey (VSB #71223) 000403 Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE GRANTOR: NORMA P. THOMAS By: -\\aw\foN Printed name:? c,,,,,,� COup,V. attorney -in -fact ) to -wit: The foregoing instrument was acknowledged before me this &15+ dayof ` 2020, by CAW 0/MAW COffaireq- in --F C-{-) My commission expfres: j ) 31 aa- Notary 'iNic Registration No. 96612 5 /, ti (SEAL) JORDAJ IN CARLISLE NOTARY PUBLIC COMMONWEALTH OF VIRGINIA REGISTRATION #7522516 MY COMMISSION EXPIRES DECEMBER 31, 2022 Page 7 of 8 Prepared by: Peter Lubeck, County Attorney (VSB 471223) Roanoke County Attomey's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 GRANTEE: 000404 PATHFINDERS FOR GREENWAYS, INC. By: Printed name/title: Roger B. Holnback/President COMMONWEALTH OF VIRGINIA COUNTY OF ROANKE ) to -wit: The foregoing instrument was acknowledged before me this o? ) S4- day of `,CMWLt / 2020, by KOq i £ . HOInbaC My commission expires: - 3 t - d002,9_ tary Pu Registration No. 9 6 JA S i 0 V (SEAL) JORDAN MARTIN CARLISLE NOTARY PUBLIC COMMONWEALTH OF VIRGINIA REGISTRATION #7522516 MY COONIMISSION EXPIRES ISECEMBER 31, 2022 Page 8 of 8 1 133J NI 31V S 0 0 0 0 0 509 001 00 I LINE TABLE O m 4 m U w a ';W 4 Z g 2 . 2 M ,65,41.61 N M ,LL,SCb9 N . C k il 8 0 O- 0 09 09 i Z a 0) 0. M ,41,Lt28 N S e 0 i N 2 2 aI 1 Fy' 39NYJSIa a o o 2 vvkaso, 31.00 its Y9- Qo v 0 GREENWA Y EASEMENT OVER TAX PARCEL ID #71. 03-01-03 VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY HURT PROFFITT f 801424TTpR1YE sun. 2a7 $0 A0,..0r VA 24030 AZXL713. TOLL FREE 5W517359211AW 5105521,729FAR Exhibit A Peter S. Lubeck COUNTY ATTORNEY August 17, 2021 Paul O. Omiyo 2870 Riverview Road Roanoke, VA 24014 ROANOKE COUNTY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2071 FAX: (540) 772-2089 RE: Greenway Easement Dear Mr. Omiyo, Mary Beth Nash Rachel W. Lower Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS I represent the interests of the Roanoke County Board of Supervisors. The purpose of this letter is to notify you, as the current property owner, that the Roanoke County Board of Supervisors may acquire an easement that exists upon your property, located at 2870 Riverview Road. The easement is currently owned by Pathfinders for Greenways, Inc., a partner agency of Roanoke County. As I understand it, Pathfinders for Greenways, Inc. purchased the easement from the prior property owner, Ms. Norma P. Thomas, on January 21, 2020. A copy of the easement is attached hereto. Also attached is a copy of the survey plat showing the greenway easement as it is situated on your property. Both the easement and the plat were recorded amongst the land records in the Roanoke County Circuit Court Clerk's Office on January 21, 2020. Roanoke County staff intend to present this project to the Roanoke County Board of Supervisors at their September 7, 2021 and September 21, 2021 meetings. If approved by the Board of Supervisors, County staff will effectuate the acquisition of the easement from Pathfinders for Greenways, Inc. shortly thereafter. The purpose of the greenway easement is for the construction and maintenance of a public access trail. Should you have any questions, I point you to the terms and conditions outlined in the language of the current easement that exists upon your property. If you have any additional questions, please contact Lindsay Webb with Roanoke County's Department of Parks, Recreation and Tourism at 540-777-6328 or by email at lwebb@Joanokecountyva.gov. Very truly yours, Rachel W. Lower Senior Assistant County Attorney CC: Lindsay Webb J CC z av= co O N d O w rn CD 0 LC) rrj 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 offees 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: 071.03-01-03.00-0000 Property Owner: Paul O. Omiyo THIS DEED OF EASEMENT is entered into this day of 2021, by PATHFINDERS FOR GREENWAYS, INC. (the "Grantor"), a Virginia corporation, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA (the "Grantee"), a political subdivision of the Commonwealth of Virginia. WITNESSETH: WHEREAS, the Roanoke River Greenway is a developing bicycle and pedestrian trail identified in the regionally approved Roanoke Valley Conceptual Greenway Plan, as updated in 2018, endorsed by the City of Roanoke, County of Roanoke, County of Botetourt, City of Salem, and Town of Vinton; and WHEREAS, the 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identified the development of greenways and trails as a high priority desired by citizens in Roanoke County; and WHEREAS, on January 21, 2020, the Grantor acquired permanent and temporary easements necessary for the eastern section of the Roanoke River Greenway across portions of property then owned by Norma P. Thomas, and designated as Roanoke County Tax Map No. 071.03-01-03.00-0000 (the "subject property"), said easements being recorded amongst the land records in the Roanoke County Circuit Court Clerk's Office as Instrument #202000566 (the "original easements"); and Page 1 of 5 WHEREAS, the Deed of Easement conveying the original easements includes a provision stating the intent of the Pathfinders for Greenways, Inc. to transfer the original easements to the Board of Supervisors of Roanoke County, Virginia for the purpose of building and maintaining a greenway, upon approval by the Board of Supervisors of Roanoke County, Virginia; and WHEREAS, on March 19, 2020 Norma P. Thomas conveyed the subject property to Paul O. Omiyo, subject to all recorded restrictions, reservations, and conditions affecting the subject property; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia has requested, and the Pathfinders for Greenways, Inc. has agreed to, the donation and transfer of the original easement to the Board of Supervisors of Roanoke County, Virginia for the purpose of building and maintaining the aforementioned greenway. NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby GRANTS and CONVEYS with General Warranty and Modern English Covenants of Title unto the Grantee, its successor and assigns, all that property, and rights to that property, conveyed to the Grantor in a Deed of Easement dated January 21, 2020 and recorded amongst the land records in the Roanoke County Circuit Court Clerk's Office as Instrument #202000566, and being more particularly described as the following, in the County of Roanoke, Virginia, to wit: A PERPETUAL VARIABLE WIDTH GREENWAY EASEMENT, herein referred to as "Greenway Easement," consisting of 9,014 square feet (0.207 acres), more or less, to construct, improve, operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL upon, over, through, and across the parcels of land belonging to Paul O. Omiyo and designated on the Roanoke County Land Records as Tax Map No. 071.03-01-03.00-0000 (2870 Riverview Road). The location of said easement shall be within the area as shown upon the plat titled, "Greenway Easement Over Tax Parcel ID #71.03-01-03 Vinton Magisterial Page 2 of 5 District, Roanoke County," dated January 18, 2019 prepared and sealed by Christopher B. Kaknis, said Plat being attached as Exhibit A and to be recorded in the Roanoke County Clerk's Office with this deed. Together with a TEMPORARY TRAIL CONSTRUCTION EASEMENT containing 8,505 square feet (0.195 acres), more or less, as shown on the aforesaid Plat, through and across the tracts or parcels of land belonging to Paul O. Omiyo and designated on the Roanoke County Land Records as Tax Map No. 071.03-01- 03.00-0000 (2870 Riverview Road). The location of said easement shall be within the area as shown upon the plat "Greenway Easement Over Tax Parcel ID #71.03- 01-03 Vinton Magisterial District, Roanoke County" dated January 18, 2019 prepared and sealed by Christopher B. Kaknis, said Plat being attached as Exhibit A and to be recorded in the Roanoke County Clerk's Office with this deed. The Temporary Trail Construction Easement shall automatically expire upon completion of construction or substantial completion. Said easements shall be subject to all recorded restrictions, reservations, terms and conditions affecting the easements, and shall continue as a servitude running in perpetuity with the subject property. WITNESS the following signatures and seal: SIGNATURES TO FOLLOW: Page 3 of 5 GRANTOR: PATHFINDERS FOR GREENWAYS, INC. By: Printed name/title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this day of 2021, by , on behalf of PATHFINDERS FOR GREENWAYS, INC. My commission expires: Notary Public Registration No. (SEAL) Page 4 of 5 GRANTEE: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Daniel R. O'Donnell, County Administrator COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this day of 2021, by Daniel R. O'Donnell, County Administrator, on behalf of the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA. My commission expires: Notary Public Registration No. (SEAL) Approved as to Form: Office of the Roanoke 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, SEPTEMBER 21, 2021 ORDINANCE AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS ON PROPERTY LOCATED AT 2870 RIVERVIEW ROAD (TAX MAP NO. 071.03-01-03.00-0000) FOR DEVELOPMENT OF THE ROANOKE RIVER GREENWAY IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, the Roanoke River Greenway is a regional bicycle and pedestrian trail developing through the Roanoke Valley, linking the Cities of Roanoke and Salem, the Town of Vinton, and Roanoke County; and WHEREAS, in 2018, the Roanoke Valley Greenway Commission made the Roanoke River Greenway its number one priority in the update to the Roanoke Valley Greenway Plan; and WHEREAS, the Roanoke County Comprehensive Master Plan for Parks and Facilities identifies the development of greenways and trails as a high priority desired by citizens in Roanoke County; and WHEREAS, Roanoke County is overseeing the design and construction of the Roanoke River Greenway proposed between Roanoke City and Highland Road in the Vinton Magisterial District; and WHEREAS, Pathfinders for Greenways, Inc. acquired permanent and temporary easements for the greenway on property located at 2870 Riverview Road (Tax Parcel Number 071.03-01-03.00-0000) on January 21, 2020, with the intent to transfer the permanent and temporary easements to Roanoke County sometime thereafter for purposes of building and maintaining the greenway, upon approval by the Roanoke County Board of Supervisors; and Page 1 of 2 WHEREAS, Pathfinders for Greenways, Inc. has agreed to donate the temporary and permanent easements to Roanoke 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 September 7, 2021, and the second reading was held on September 21, 2021. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of permanent and temporary easements on property located at 2870 Riverview Road (Tax Map No. 071.03-01-03.00-0000) as shown on the attached plat titled, "Greenway Easement Over Tax Parcel ID #71.03-01-03 Vinton Magisterial District, Roanoke County," dated January 18, 2019 prepared and sealed by Christopher B. Kaknis, is hereby authorized and approved. 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute the deed and any other incidental documents required for the acquisition and to take such actions on behalf of the County of Roanoke in this matter as are necessary or desirable to accomplish the acquisition, all of which shall be approved as to form by the County Attorney. 3. That this ordinance is to be in full force and effect upon its passage. Page 2 of 2 ACTION NO. ITEM NO. J.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Ordinance amending Roanoke County Code Chapter 15 for Parks and Recreation Doug Blount Director of General Services and Parks, Recreation Daniel R. O'Donnell County Administrator Ordinance to amend Roanoke County Code Chapter 15, Parks and Recreation, otherwise referred to as the "Park Ordinance". BACKGROUND: Chapter 15, referred to as the "Park Ordinance" was established in 1989 to regulate conduct in public parks in Roanoke County. Since 1989, there have only been two revisions to the Park Ordinance. Select revisions were made to Chapter 15 in 2008 and an amendment to permit the limited use, consumption, or possession of alcoholic beverages at specific Roanoke County facilities was made in 2013. DISCUSSION: An update to the Park Ordinance is necessary in order to reflect the many changes in outdoor recreation which have occurred over the last 10 years, including development of the Roanoke Valley Blueways, Greenways, Adventure Plan for Explore Park, and the increased popularity of bicycling in many forms throughout Roanoke County's park system. The process for review and recommendation for updating the Park Ordinance has taken place over the last 18 months. Staff have communicated with citizens as well as stakeholders throughout the review process, and have also including the Parks, Recreation and Tourism Advisory Commission. Page 1 of 4 A summary of the proposed changes is as follows: Proposed changes to entire chapter: 1. Minor grammatical, formatting, and basic outdated language changes or additions. 2. General changes as a result of the merger to the Department of General Services and Parks, Recreation and Tourism. Proposed changes to Section 15-2 - Definitions 1. Definitions added for "trail" and "shared -use path," including a provision clarifying that "greenways" fall under the definition of "shared -use path" (all mirroring definitions included in the Virginia Code). 2. Removal of all definitions relevant to "public gatherings," and removal of the current "public gatherings" section altogether. The County Attorney's Office will propose a new "public gatherings" ordinance as a future project that will apply to all County -owned property, and not solely to recreational areas. 3. Definitions added for "electric power -assisted bicycles" (e-bikes), and for the three classes of e-bikes to mirror the Virginia Code. Amended Section 15-6(10), allows "class one", "class two" and "class three" e-bikes in all County recreational areas where traditional bicycles are allowed. Proposed changes to Section 15-5 - Park Property 1. Consolidation of the current Section 15-6 (pertaining to sanitation), and inclusion of it in this section for uniformity (i.e. pollution of park waters and handling of rubbish and waste, as both are relevant to the protection of park property). 2. Removal of the "climbing tree" subsection. Disturbing a tree (a natural resource) remains unlawful under amended Section 15-5(3). Proposed changes to Section 15-5.1 - Public Trees 1. Simplification of the standards to be considered by Roanoke County's tree committee. Now, trees on County property may be pruned or trimmed "in accordance with reasonable industry standards, as determined by the tree committee." Therefore, our tree committee can determine which standards or publication to use in their considerations, and would not require an amendment to this subsection each time a publication is revised. 2. The revised ordinance will give the Director discretion to appoint three (3) members to the Roanoke County tree committee. Page 2 of 4 Proposed changes to Section 15-6 - Traffic and Vehicle Use 1. Consolidation of both manned and unmanned aircraft provisions into one "aircraft" subsection, and the addition of language prohibiting the launching or landing of any manned or unmanned aircraft (including drones) in County parks, unless authorized by a permit from the Director. 2. Simplification of language in the provision regulating conduct of bicyclists, and a prohibition against "class three" e-bikes. Proposed changes to Section 15-7 - Prohibited Uses of Parks 1. Removal of the provision prohibiting solicitation of contributions in County parks, as it conflicts with the constitutional right to freedom of speech. 2. Consolidation and relocation of the "concessions" provision in this section (without making any substantive changes), and removal of the current Section 15-9 pertaining to public meetings which will be addressed in a future "public gatherings" ordinance. Proposed changes to Section 15-8 - Behavior 1. The provision banning domestic animals from special events, food and beverage areas, and streams within County parks has been removed. Proposed changes to Section 15-9 - Park Operating Policy Parks shall be open to the public every day of the year from one-half (1/2) hour after daylight to one-half (1/2) hour before sunset, with the following exceptions: a. Park facilities with illuminated athletic field lighting shall be open to the public from one-half (1/2) hour after daylight to 11:00 p.m.; b. Park facilities with special hours of operation, when such special hours of operation are posted thereon; and c. Select exceptions after receiving special permission from the Director or his or her designee. This provision does not apply to Explore Park. These changes would go into effect immediately should they be approved. Publication of new park rules signs has been deferred for the last two (2) years due to the need for updates to the Park Ordinance. Many of the signs are faded and have been budgeted to be replaced through the department's capital maintenance program. Over the next six (6) months, new signage will be installed at each park. There have been two changes since first reading, both of which are noted below: Page 3 of 4 (1) After a review of the e-bike regulations of surrounding jurisdictions, staff is recommending that the Park Ordinance allow for the use of all three types of e-bikes. (2) Additionally, staff is recommending that County parks close one-half (1/2) hour before sunset. FISCAL IMPACT: There is no fiscal impact. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Page 4 of 4 Chapter 15 - PARKS AND RECREATION Sec. 15-1. Title. This chapter shall be known and may be cited as the "Ordinance Regulating Conduct in Public Parks of Roanoke County." Sec. 15-2. Definitions. For the purpose of this chapter, the following terms, phrases, words, and their derivation shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Closed hours means the hours each day that a park is closed in accordance with section 15 91-1-(a) of this chapter until 6:00 a.m. thc following day. County is the County of Roanoke, Virginia. Department when used hereinafter is defined as the dDepartment of General Services and pParks, cRecreation and (Tourism for the GCounty of Roanoke. Director means the dDirector of thc dcpartmcnt of pGeneral Services and Parks, Recreation and (Tourism for the County of Roanoke and includes any person whom the 8Director designates to act for the Director hereunder. Electric power -assisted bicycle means a vehicle that travels on not more than three (3) wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power, (ii) a seat for the use of the rider, and (iii) an electric motor with an input of no more than seven hundred and fifty (750) watts. Electric power -assisted bicycles shall be classified as follows: (1) "Class one" means an electric power -assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour; (2) "Class two" means an electric power -assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle and that ceases to provide assistance when the bicycle reaches the speed of twenty (20) miles per hour; and (3) "Class three" means an electric power -assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of twenty- eight (28) miles per hour. Page 1 Organized use means use by any team, club, or league for practices, games, events, or activities. Park means all property owned, maintained, or operated by the County for public recreational use. nether -areas, now ^r in future-ooppeerratec a stained ;e county department of parks, rccr , timot^„riem are defined-te-r can pa k� ^fie lagoons, water arcas, and submerged lands, and all public service facilitics located on or in grounds, waters, buildings and structures in thc county which are under the control of recreation and tourism and including property of thc Roanokc County School Board. Park attendants means all full-time employees of the 4Department of General Services and pParks, iRecreation and tTourism and any part-time or temporary employees of the Ddepartment specifically authorized in writing by the 4Director to enforce the requirements of this chapter. Parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. Permit is any written license issued by or under the authority of the Ddirector permitting the performance of a specified act or acts. Person is any person, firm, partnership, association, corporation, company or organization of any kind. Police officer means all officers of the Roanoke GCounty p.Police 4Department, including the GChief of.Police, and all properly trained and deputized law enforcement officers of the Roanoke County &Sheriff's 4Department and any law enforcement officer legally empowered to issue warrants of arrest or summons within the &County of Roanoke. Public gathering includcs demonstrations, picketing, speechmaking, vigils, parades, ccrcmonics, meetings, rallies, entertainment, games, shows, conccrts, picnics and all other forms of public assembly. Shared -use path means a bikeway that is physically separated from motorized vehicular traffic by an open space or barrier and is located either within the highway right- of-way or within a separate right-of-way. Shared -use paths may also be used by pedestrians, skaters, users of wheel chairs or wheel chair conveyances, joggers, and other nonmotorized users. "Greenways" qualify as shared -use paths as defined in this section. Smoke or sSmoking means the carrying or holding of any lighted or activated pipe, cigar, or cigarette of any kind (including electronic cigarettes), or any other lighted Page 2 smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind (including electronic cigarettes). Special event means a program, tournament or other event scheduled for specified hours or days involving the participation of the Ddepartment or written approval of the 4Directo r. Trail means a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials. Vehicle means every any device in, upon, or by which any person or property may be transported upon a highway, except devices othcr than bicycics moved by human power. Bicycles and electric power -assisted bicycles do not qualify as vehicles as defined in this section. Waters means any river, stream, lake, pond, swimming pool or other body of water, whether flowing or still, in or contiguous to any park as defined in this chapter. Sec. 15-3. Department of General Services and pParks, iRecreation and tTourism established; position of D4irector created. A dDepartment of General Services and GParks, -Recreation and (Tourism is hereby established and the position of dDirector of General Services and Parks, Recreation and Tourismof such department is hereby created. Sec. 15-4. opefatipn-sResponsibilities of the Department of General Services and Parks, Recreation and Tourism. The dDepartment of General Services and jaParks, Recreation and Ttourism shall conduct the recreation programs of the GCounty1 and all park operations as directed by the laBoard of eSupervisors or the GCounty aAdministrator. Sec. 15-5. Park property. No person in a park shall: ((1) Property: al) Disfiguration and removal of park property. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridges, tables, benches, fireplace, railings, tree guards, paving or paving material, public utilities, signs, notices or placards (either temporary or permanent), monuments, stakes, posts,- or other boundary markers, or other structures, equipment, facilities or park property or parts thereof, either real or personal. Page 3 (2) Conduct in restrooms and washrooms. Fail to maintain restrooms and washrooms in as neat and sanitary a condition as prior to such person's use, nor shall any person over the age of five (5) years use the restrooms and washrooms designated for thc opposite scx, cxccpt a child in thc Use of any device or equipment for taking any photographic image or likeness in any restroom, locker room or washroom is prohibited. Minors under the age of five (5) years of age shall be accompanied by an adult while in restrooms and washrooms. (e3) Disturbance and removal of natural resources. Dig, disturb or remove any sand, soil, rock, stones, water, trees, shrubs or plants, downed timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency in any park unless given specific authorization to do so by the Director or his or her designee. (44) Erection of structures. Construct or erect any building structure or utility service of whatever kind, whether permanent or temporary in character, in any park cxccpt by specific writtcn permit issucd hcrcundcr. unless given specific authorization to do so by the Director or his or her designee. Tents shall not be connected or fastened to any piece of park property or natural resource within the park, unless specifically authorized by the Director or his or her designee. Tents erected within a park shall otherwise comply with all applicable laws and regulations. (54) Pollution of waters. Throw, discharge, place or cause to be placed, in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park, or in any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, whether liquid or solid, which will or may result in the pollution or littering of said waters. (6) Rubbish and waste. Bring in or dump, lay, cast, drop, discharge, deposit or leave any bottles, broken glass, ashes, cinders, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, construction debris, home appliances, furniture and similar discarded items, or any other trash. No such rubbish or waste shall be placed in any water in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; at locations where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (2) Trees, shrubbery, lawns. a. Injury and removal. Damagc, cut, carve, transplant or rcmovc any trcc or plant or injurc thc bark, or pick thc flowers or sccds of any trcc or plant; nor Page 4 (3) attach any ropc, wirc, or othcr contrivancc to any trcc or plant; or dig in or otherwise disturb grass arcas, or in any other way injure or impair the natural beauty or ucefulnecc of any area b. Climbing trees, etc. Climb any trcc or walk, stand, sit or attach any ropc or cablc or othcr contrivancc upon monumcnts, vascs, fountains, railings, fences or i ipon any other property not designated or ci istomarily i icon for such purposcs. Wild animals, birds, etc. a. Hunting. Hunt, molcst, frightcn, kill, trap, chase, tease, shoot, or throw mmissil t any animal rep e or bird; nor shall any peG son rye or e in his posacssion thc young of any wild animal, or thc cggs or ncst, or young of any reptile or bird Ceeding Give or offer or attempt to give to any anim alcohol or othcr known noxious substance. Sec. 15-5.1. Public trees. (1) Purpose. It is the purpose of this section to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting and removal of trees on public property. Further, it is the purpose of this section to enhance the quality of life in the CGounty by protecting trees and by minimizing the loss of tree coverage on public propertiesproperty. (2) Definitions. The following terms, when used in this section, shall have the meanings ascribed to them in this subsection, unless context clearly indicates a different meaning: Diameter -at -breast -height shall be the tree trunk diameter measured in inches at a height of four and one-half (4.5) feet above the ground. Dripline shall mean a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground. Invasive alicn plant species shall be thosc spccics currcntly listcd by thc statc dcpartmcnt of conscrvation and rccrcation. Public property shall include all lands owned by the sCounty, including but not limited to public parks and property of other GCounty buildings and facilities, and includes all greenway easements donated to or owned by the Ccounty. The term "public property" shall exclude public streets and public utility, drainage and storm water easements and county water and sewer easements. Page 5 Public utility company shall mean any corporation, company, individual, association or cooperative that is a "public utility" as defined in section 56-232 of the Code of Virginia, 1950, as amended. Topping is defined as the severe cutting back of limbs to stubs within the a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Tree shall mean any self-supporting woody plant, usually having a single, main woody trunk and producing a more or less distinct and elevated head with many branches. For the purposes of this section, a tree shall have a diameter -at -breast -height of four (4) inches or more. Tree committee shall mean the committee appointed by the county administrator Director to develop uniform standards for implementing the provisions of this section. (c) Applicability. This section provides full power and authority over all trees located on public property. (d) L Authorization required. (1) a_It shall be unlawful for any person to plant, remove, destroy, relocate, harm or otherwise disturb any tree on public property without first receiving written approval from the tree committee_. excep r ini�ye on plant specie �e above Inyaciye alicn plant spccics may be rcmovcd. (2) b. —In the case of emergencies, such as windstorms, ice storms or other disasters, written approval may be waived by the tree committee during the emergency period so as not to hamper work to restore order to the GCounty. (c) Abuse or mutilation of public trees or shrubs. Unless specifically authorized by the tree committee, it shall be unlawful for any person to intentionally damage, cut, carve, transplant or remove any tree or shrub on public property; attach any nails, advertising posters or other contrivance to any tree or shrub on public property; allow any gas, liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub on public property. (f) Protection of trees. Trees that are to remain after construction of public buildings, facilities, driveways, roads, utilities or other below or above Page 6 ground public structures must be protected from construction activities and heavy equipment to ensure their survival. (1) a. The Director shall establish a three (3) person tree committee, which shall meet at such times and at such places as decided upon by the Director. Members of the tree committee shall serve for such terms as decided upon by the Director, and there shall be no term limits. Members of the tree committee may be removed from the tree committee for good cause as determined by the Director. b. The tree committee shall establish guidelines for trees that are to remain on public property and that are within or in close proximity to the immediate construction activity area. (2) bc. No person, including public utility companies and GCounty departments, shall excavate any ditches, tunnels, trenches or lay any driveway or street within a radius of ten (10) feet from any tree on public property without first obtaining written approval from the tree committee. This provision does not apply to the maintenance and repair of existing public utility and -County water and sewer utility facilities. (3) cd. All trees on public property shall be pruned or trimmed only in accordance with reasonable industry thc standards, as determined by the tree committee csta -ishcd by thc National Arborist Association, cntiticd "Pruning Standards for Shadc Trccs," as rcviscd in 1988. This includes all public utility companies and GCounty departments or their subcontractors involved in maintenance on GCounty property or easements. (4}de. It shall be unlawful for any person, firm, or GCounty department to top any tree on public property, unless specifically authorized by the tree committee. Trees severely damaged by wind, ice or snow storms or other disasters may be exempted from this section at the determination of the tree committee. (g) L Enforcement. The tree committee shall have the general powers and duties to: (1) a. Direct, manage, supervise and control the planting, removal and protection of all trees on public property. (2) b. Protect all trees on public property so as to prevent the spread of disease or pests and to eliminate dangerous conditions which may affect the health, life or safety of persons or property. Page 7 4)-c. Require the preparation of a tree protection plan for GCounty construction projects, when deemed appropriate and necessary. (11) d. Administer the provisions of this articicsubsection. Sec. 15 6. Sanitation. No person in a park shall: (1) Pollution of watersPollution of waters. Throw, discharge, place or causc to be placcd, in thc watcrs of any fountain, pond, lakc, strcam, bay or othcr body of water in or adjacent to any park or in any t utar,strea to-rm se r r d m flowing into such watcrs, any substancc, mattcr or thing, whcthcr liquid or solid, which produccs, or may result in, thc pollution or littcring of said waterswhich will or may result in the pollution or littering of said waters. (2) Rubbish and rcfusc mattcrRubbish and wastc. Bring in or dump, lay, cast, drop, dischargc, deposit or leave any bottles, broken glass, ashes, cinders, paper, boxes, cans, dirt, rubbish, waste, garbage, refusc, construction debris, homc applianccs, furniturc and similar discardcd itcms, or any othcr trash. No such rubbish or rcfusc matcrialswastc shall be placcd in any watcr in or contiguous to any park, or Icft anywhcrc on thc grounds thcrcof, but shall be placcd in thc proper receptacles where these are provided• at Iocafions where receptacles are not so �nark by person ro on i-ble for its presence and properly disposed of cr-rr� c�-r-rc�vrr�rxTc-rc�--rc��rca clscwhcr Sec. 15-67. Traffic and vehicle use. No person in a park shall: (1) Motor vehicle laws apply. Fail to comply with all applicable provisions of the Sstate and GCounty motor vehicle traffic laws in regard to equipment and operation of vehicles together with such requirements as are contained in this and other ordinances. (2) Enforcement of traffic requirements and regulations. Fail to obey any police officer and park attendants who are hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these requirements and such supplementary regulations as may be issued subsequently by the Ddirector. (3) Obey traffic signs. Fail to observe all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for property control and to safeguard life and property. (4) Speed of vehicles. Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon such park roads as the GCounty may designate, by posted signs, for other speed limits. Page 8 (5) Operation confined to roads. Drive any motorized vehicle on any area except the paved park roads, parking areas. or such other areas as may be specifically designated as temporary parking areas by the dDirector. (6) ATVs, ctc Off road vehicles, etc. Operate in any park nr recreation area snowmobiles, hovercraft, minibikes, pocketbikes, motorcycles, go-carts, all - terrain vehicles (ATVs. , golf carts, mopeds or any other off road vehicles, except in areas specifically designated by the Ddirector for such use. (7) Aircraft. Launch or land any manned or unmanned aircraft, including (8 ) drones, remote control planes, helicopters, gliders, jets, airplanes, powered parasails, powered paragliders, ultralight aircraft or hang gliders, except in areas specifically designated by the Director for such use, and by permit. This subsection shall not apply to Roanoke County employees within the exercise of their employment duties, and with reasonable notice to the Director. Trucks and commercial vehicles. Shall °Operate in or through any park, any trucks or commercial vehicles with a gross weight in excess of five (5) tons, except for the delivery of the load thereon for use in such parks as expressly approved by the Director. (94) Parking. a. Designated areas. Park a vehicle in othcr than anywhere except in an established or designated area, except as shall bc and in accordance with the instructions of any park attendant or police officer who may be present. b. Prohibited activities. Park a vehicle in a park for the expressed or apparent purpose of washing, repairing or maintaining the same. c. Double parking. Double park any vehicle on any road or parkway unless directed by a park attendant or police officer. (10Q) Bicycles. a. Confincd to roads. Ridc a bicycle on othcr than a vehicular road or path designated for that purpose. A bicyclist shall bc permitted to wheel or push to by hand Ove-r a-4j/ g-r-a SS reserved for pedestrian use. ccats. bicycle in plane oter than bicycle rack when such is provided and thcrc is a space available. When riding a bicycle or electric power -assisted bicycle, a rider must yield to walkers and runners. Riders must abide by bicycling laws set forth in the Code of Virginia when riding in parks. Class one,° class two, and class three electric power -assisted bicycles may be ridden in places where Page 9 bicycles are allowed. CIS three elec powe-accictec hi^ —are prohibited. Sec. 15-87. Prohibited uses of parks. No person in a park shall: (1) Dictributi„n or dicplayPostinq or leaving papers or materials. No person in a park shall Ppost, paint, affix, distributc, handout, dclivcr, place, cast or leave about any poster, paper, or other materialsbill, billboard, placard, tickct, handbill, circular or advcrtiscmcnt; display any flag, banncr, promotional purposcs; operatc any musical instrumcnt for advcrtising or prrommooti nal p irposes oar froor p irpose of attracting attention to any exhibit, chow, performancc or othcr display unless expressly authorized through permit by the Ddirector pursuant to scction 15 11(c). (2) Contributions. Solicit contributions for any purposc. Bathing and swimming. aa. Designated areas. No person in a park shall Sswim, bather or wade in any waters or waterways that have been designated and posted by the Director as prohibited swimming areas. in any park, cxccpt in suc aters and in s ch planes ac are provided th ro an T compliance with such NorhaIIasi ai y personn-frregont an i niatercrsor places customarily designated for the purposc of swimming or bathing or congrcgatc thereat whcn such activity is prohibitcd by thc dDircctor upon a finding that such use of thc waters would bc dangerous to public hcalth, safcty or welfare. fib. Certain hours. No person in a park shall uUse or remain upon any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except during such hours of the day as shall be designated by the Ddirector for such purposes for each individual area. c. Bath houses. Drcss or undress in any vchicic, toilct or othcr place, cxccpt in such bathing houses or structures as may bc provided for that purposc. (43) Boating. aa. Designated areas. No person in a park shall operate or occupy any boat, raft or other watercraft, whether motor powered or not, upon any waters that have been designated as posted by the Director as prohibited boating areas. cxccpt at placcs designated for boating by th d ector. Sun rc�hall be in accordance with applicable Page 10 rcgulations as arc now or ma hcrcinaftcr be adoptcd by the dDepartment. b Operation of boats. No person in a park shall Nnavigate, operate, direct or handle any boat in violation of federal, state or local laws pertaining to the operation of boats. cs. Prohibition during closed hours. No person in a park shall Llaunch, dock, operate or remain on or in any boat, raft, or other watercraft of any kind on any waters during the closed hours or except during such hours as shall be designated by the Director for such purpose. (54) ) Fishing. aa4-.- Commercial fishing. No person „--r-a- par kshall Commercial fishing, bbuyingy or sellin fish caught in any park waters-4s forbiddcn. Designated areas. No person in a park shall Ffish in any park waters, whether by the use of hook -and -line, net trap, spear, gig or other device, that have been designated and posted by the Director as prohibited fishing areas. cxccpt in such watcrc thcrcof as havc been dcsignated by the director for that use and under such rcgulations and restrictions as havc bccn prcscribcd by said dircctor. (65) ) Hunting and firearms. No person in a park shall #hunt, trap or pursue wildlife at an„ time. Trapping may be authorized, by permit, when it is deemed by the Director that said activity is in the best interest of public health, safety and/or welfare. No person shall within a park use, carry or posscssbrandish or discharge any firearms, ammunition or combinations the f,, as ex sly brit by statute,or air rifles, spring guns, pellet guns, paintball guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wildlife or to human safety or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping dcvicc. Shooting into park areas from beyond park property boundaries is forbidden. —_The D8irector may permit authorization for the use of a firearm or other potentially dangerous instrument; to be used in a park for a special event or GCounty managed activity. ((- ) Picnic areas and use. a. aRegulated. Picnic in a place other tht se desi-g-n-atec that purposc. Park attendants shall have the authority to regulate picnic activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Page 11 No visitor shall fail to Visitors shall comply with any directions given by park attendants to achieve this end. b. Availability. Peen a park shal serve -tax. policy thateof the individual fircplaccs as wcll as tTables, and benches and cooking grills are available for use on a shall follow the rule of "first come, first served" bBasis, unless previously reserved. c. GDuty of picnicker. Lcavc a picnic arca before the firc is completely tinguished and before Open fires shall only be permitted as specifically allowed by the Director, and shall be located in a designated fire ring. Aall trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is -shall be placed in the disposal receptacles where provided. If no such trash receptacles are available, all refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. d. 4Nonexclusive. No person in a park shall Uuse any portion of the park areas or of any of the buildings or structures therein without a permit issued by the dDirector, for the purpose of holding activities to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded. e. eReservations. Reservations for shelters only may be obtained only by paying a fee, as determined by the D4epartment of parks, rccr ^tion and tourism for exclusive use during said time period. Permits will-1214-y be issued only upon payment of fee and must be in the possession of users to be valid. No person or group occupying a shelter shall fail to relinquish the shelter to a party or group holding a reservation permit from the 4Department of pParks, rRccrcation and tTourism. (g7) ) AAthletic fields. In order to minimize excessive wear of athletic fields, Usc any Roanoke County owned or maintained ball athletic fields shall should not be used for organized use unless the users have first until first sccuring secured a field rental contract for ficld use from the GI -Department. This rcquircmcnt applics to all sanctioncd or non-sanctioncd teams or organized groups Field rental contracts may cover league teams for a specific sport and may include multiple fields; however, copies of such contracts shall be in the possession of a responsible individual for each nor' sanctioned t m or organized group using any such ball athletic field. Camping. No person in a park shall Sset up a tents, shacks or any other temporary shelter for the purpose of camping, without a permit from the dDirector. Unless a permit has been obtained from the Director, 1;4:luring closed hours, no person shall leave in a park any equipment, Page 12 structure or vehicle to be used or that could be used for such purposcs camping, such as a house trailer, camp trailer, camp wagon or the like. (10) Gamcs. Takc part in or organizc any rccrcational activity or thc playing of any gamcs, including but not limitcd to golf, cxccpt in arcas sct apart thcrcfor(449)—) Horseback riding. No person in a park shall -ride, drive or lead a horse except on park drives or trails, as designated by the 4Director. Where permitted, horses shall be thoroughly broken and properly restrained, ridden with due care, and shall not be allowed to graze or go unattended, nor be hitched to any rock, tree orand shrub. No hoofed animals will be allowed on turf ar asoutside designated riding areas. (10) Missiles) Missiles and fireworks. No person in a park shall Gcarry, shoot, fire, explode or throw any fireworks, firecrackers, rockets, torpedoes or missiles of any kind in any park without a permit from the 4Director. (4-311) —Photography. No person in a park shall mMake still or moving pictures that involve the use of special settings, structures, lighting or apparatus, or the performance of a cast of persons, either amateur or professional, or the posing of professional models without prior written authorization by the Director; said written permission may be issued only when such activities will permit normal use of park facilities by other visitors. However, the provisions of this section do not in any way restrict the ordinary use of cameras by amateur photographers or commercial media coverage. (1'I) Rcmotc control planes. Operatc a rcmotc control planc, glidcr, or motor propcllcd aircraft in any park without a permit from thc dircctor. Sec. 15 9. Meetings and concessions. No person shall: (1) Hold or take part in any public meeting or event, religious, political, charitable or othcrwisc, including picnic partics and cntcrtainmcnt for charitablc or rcligious dircctor. Such asscmblagcs shall be conductcd in a lawful and ordcrly manncr and shall occ py s ch groi Inds and facilities oc may be assigned fo or reserved for an can thcm. (12) Concessions. No person in a park shall Ssell or offer for sale any food, beverage, refreshment or any article or service whatsoever, in any park except by concessionaires under contract with the GCounty or by nonprofit, charitable or religious groups, authorized by permit from the 4Director. Sec.15-818. Behavior. No person in a park shall: Page 13 (1) Intoxication. Enter upon or be in or remain in a park or recreation facility while under the influence of alcoholic beverages or any controlled substance as defined by the Drug Control Act of the Code of Virginia-. except as ai ithorized hey a permit from the director (2) Taking a drink or tendering same. Take a drink of any alcoholic beverage or tender a drink thereof to any other person, whether accepted or not, except as permitted by Title 4.1 of the Code of Virginia, 1950, as amended, or permitted by nand as authorized permit issucd by the D4irector. (3) Smoking. Smoke inside a public building. (44) ) -Domestic animals. Be responsible for the presence of a dog or other domestic animal in a park (excluding areas of parks designated by the Director as "dog parks") unless such animal is carried, led by a chain, strap or rope, or kept in a wagon, automobile or other vehicle. Dogs, cats or other domestic animals shall not be permitted to enter any lake, pond, fountain, swimming pool, or athletic field, unless said area has specifically been designated as allowing said animals by a posting thereon. "Service dogs" as defined in Section 51.5-40.1 of the Code of Virginia, 1950, as amended, shall be excluded from the provisions of this section. All domestic animal waste must be disposed of in a proper manner (i.e. scooper or plastic baggie) by owner. Be responsible for the entry of a dery or other domestic animal into a park i unless carri wed b y a chain strap or rope or k t in a wagon ai i chile or other vurrT , cc , , vrrce�c�rr-a-v�a9c'Tr-acr vchicic by chain, ropc or strap. Dogs, cats or othcr domcstic animals shall not be ptted to e♦-}ter an y lake pond fountain swimming pool stream eciiaal event areas and toy irnaments hall fields or food and beverage concession areas within an y park or recre•a- n area. Servyce� dal eexcluddezd fromrrt�he provisions oft Sreg lllaation All domes is animal wact ���f in as proper manncr (i.c. scooper or plastic baggic) by owncr. working animals or pcts includc, but arc not limitcd to, dogs, cats, horscs, rcptilcs or other animals that are present at a especial eEyent other than for the express pi it e-of assisting an indiyidi ial with .aabilit excludes are se animals or pcts which arc an attraction and/or a part of the spacial avant. (45) ) Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the 4Director. No person shall drop, or throw or otherwise scatter lighted matches, burning cigarettes, cigars, tobacco paper or other inflammable material within any park area, or on any highway, road or street abutting or contiguous thereto. Page 14 (56) ) Closed areas. Enter an area posted as "Closed to the Public" or "No Trespassing," or othcrwisc "closcd" in accordancc with scction 15 11(b) of this chaptcr. No nor shall any person shall use or abet the use of any area in violation of posted notices. (67) ) Going onto ice. Go onto ice on any of the waters except such areas designated as skating areas and posted as such. (8) ) Disorderly conduct and disturbing the peace. Cause inconvenience, annoyance, or alarm to another by doing any of the following: a-. _Engaging in fighting, engaging in threatening harm to persons or property, or engaging in violent or turbulent behavior; b4. Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person; CG. Insulting, taunting, or challenging another under circumstances in which such conduct is likely to provoke a violent response; dd. Hindering or preventing the movement of persons on a public street, road or right-of-way, or to, from, within or upon public property, so as to interfere with the rights of others and by any act which serves no lawful and reasonable purpose of the offender; e. Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which serves no lawful or reasonable purpose of the offender. (89) ) Exhibit permits. Fail to produce and exhibit any permit& from the dDirector upon request of any police officer or park attendant who shall request to inspect the same. (910) ) Interference with permittees. Disturb or interfere unreasonably with any person or party group occupying any area, or participating in any activity, permittcd by under the authority of a permit. Sec. 15449. Park operating policy. (al) ) Hours. Parks shall be open to the public every day of the year from one-half ('/2) hour after daylight 6:00 a.m. to one-half (%) hour before sunset, except with the following exceptions: Page 15 a. P.park facilities with outdoor illuminated athletic field lighting shall be open to the public from one-half ('/2) hour after daylight to 11:00 p.m.; b. Park facilities with special hours of operation. which when such special hours of operation areshall be posted thereon—; and c. Select exceptions after receiving sSpecial writtcn permission from the 4Director or his or her designee. is regi aired for an„ persons to remain in any park area of tcide rem filar open hog firs Explore Park hours of operation shall be exempt from this provision. (2) ) Closed areas. Any section of any park may be declared closed to the public by the 4Director at any time or for any interval of time, either temporarily or at regular and stated intervals and either entirely or merely to certain uses, as the 4Director shall find reasonably necessary. (e3) ) Permit. A permit shall be obtained from the Ddirector before participating in a park activity prohibited by the rules set forth in this chapter;. (1) a. Application. A person seeking issuance of a permit hereunder shall file an application with the 4Director. The application shall state: tThe name and address of the applicant; the name and address of the person, persons, corporation or association sponsoring the activity, if any; the namc, addre& and cffcctivc contact information for Foncible indi„idual for si ch permit; the day and hours for which the permit is desired; an estimate of the anticipated attendance; any other information which the 4Director shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder. (2) b. Standards of issuance. The 4Director may issue a permit hereunder when he finds: tlhat the proposed activity or use of the park will not unreasonably interfere or detract from the general public enjoyment of the park; that the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety or recreation; that the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct; that the proposed activity will not entail unusual, extraordinary or burdensome expense or allocation of manpower resources by the Roanoke County Police 4Department or other operation by the oCounty; that the facilities desired have not been reserved for other use at the day and hour required in the application. Page 16 ¢3-c_ Appeal. Within seven (7) days after receipt of an application, the Ddirector shall either issue a permit or apprise an applicant in writing of his reasons for refusing a permit -and Aany aggrieved person shall have the right to appeal in writing within five (5) days to the assistant County Aadministrator, or his or her designee, who which shall consider the application under the standards set forth in subsection (2) hereof and sustain or overrule the Ddirector's decision within fifteen (15) days. The decision of the County Aadministrator, or his or her designee, shall be final. d_.{-4} Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits. The Director may impose reasonable conditions in granting a permit under this section. e. (5) Liability of permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injuries sustained by any person whatsoever, by reason of the negligence of the person or persons to whom such permits shall have been issuedand shall (6) f, harmless from any claim judgment or award for damages or other 0 legal relief of any nat ire whether as a reed ilt of larval or administrative action. Revocation. The Ddirector shall have the authority to revoke; or otherwise modify- a permit upon finding a violation of the permit conditions, any rule or ordinance, or upon good cause shown. Reasonable efforts shall be made by the Ddepartment to promptly notify the holder of the revoked or modified permit of the D4irector's actions. Sec. 154210. Fines and penalties. (a) Unless a more severe punishment is specifically provided for under state law which shall then be applicable to a violation of this chapter, a violation of any provision of this chapter shall constitute a class 4 misdemeanor,; provided that nothing herein contained shall limit the authority of the court to order restitution for the benefit of the CGounty as a result of any damage or abuse to property subject to this chapter. (b) That any provision of the County Codc not spccifically amcndcd or rcpcalcd abovc shall rcmain in full forcc and cffcct as adoptcd. (c) This chaptcr shall be in full forcc and cffcct from and aftcr its passagc. Page 17 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 21, 2021 ORDINANCE AMENDING ROANOKE COUNTY CODE — CHAPTER 15 FOR PARKS AND RECREATION WHEREAS, Chapter 15 of the Roanoke County Code, otherwise referred to as the "Park Ordinance", was established in 1989 in order to regulate conduct in Roanoke County's public parks; and WHEREAS, an update to the Park Ordinance is necessary in order to reflect the many changes in outdoor recreation which have occurred, including development of the Roanoke Valley Blueways, Greenways, Adventure Plan for Explore Park, and the increased popularity of bicycling in many forms throughout Roanoke County's park system; and WHEREAS, County staff have worked with citizens, stakeholders, and the Parks, Recreation and Tourism Advisory Commission on proposed amendments to the Parks Ordinance; and WHEREAS, County staff have proposed numerous amendments to each article of the Park Ordinance; and WHEREAS, the first reading of this ordinance was held on September 7, 2021, and the second reading was held on September 21, 2021. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the Roanoke County Code is hereby amended to read and provide as follows: Chapter 15 - PARKS AND RECREATION Page 1 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. Sec. 15-1. Title. This chapter shall be known and may be cited as the "Ordinance Regulating Conduct in Public Parks of Roanoke County." Sec. 15-2. Definitions. For the purpose of this chapter, the following terms, phrases, words, and their derivation shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Closed hours means the hours each day that a park is closed in accordance with section 15 91-1-(a) of this chapter until 6:00 a.m. the following day. County is the County of Roanoke, Virginia. Department when used hereinafter is defined as the 8Department of General Services and .pParks, Recreation and (Tourism for the GCounty of Roanoke. Director means the dDirector of the department of pGeneral Services and Parks, Recreation and 4Tourism for the County of Roanoke and includes any person whom the 8Director designates to act for the Director hereunder. Electric power -assisted bicycle means a vehicle that travels on not more than three (3) wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power, (ii) a seat for the use of the rider, and (iii) an electric motor with an input of no more than seven hundred and fifty (750) watts. Electric power - assisted bicycles shall be classified as follows: (1) "Class one" means an electric power -assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour; (-14(2) "Class two" means an electric power -assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle and that ceases to provide assistance when the bicycle reaches the speed of twenty (20) miles per hour; and (2)(3) "Class three" means an electric power -assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that Page 2 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. ceases to provide assistance when the bicycle reaches the speed of twenty- eight (28) miles per hour. Organized use means use by any team, club, or league for practices, games, events, or activities. Park means all property owned, maintained, or operated by the County for public recreational use. and other areas now or in the future operated and maintained by the lands, playgrounds, recreation fields and facilities, museums, buildings, lakes, streams, or in grounds, watcrs, buildings and structures in thc county which are under the control of or as igncd for upkccp, maintcnancc or operation by thc county dcpartmcnt of parks, rccrcation and tourism and including property of thc Roanokc County School Board. Park attendants means all full-time employees of the dDepartment of General Services and pParks, Recreation and ffourism and any part-time or temporary employees of the D4epartment specifically authorized in writing by the €Director to enforce the requirements of this chapter. Parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. Permit is any written license issued by or under the authority of the Director permitting the performance of a specified act or acts. Person is any person, firm, partnership, association, corporation, company or organization of any kind. Police officer means all officers of the Roanoke eCounty.Police 4Department, including the GChief of i4Police, and all properly trained and deputized law enforcement officers of the Roanoke County Sheriff's dDepartment and any law enforcement officer legally empowered to issue warrants of arrest or summons within the oCounty of Roanoke. Public gathcrinq includcs dcmonstratiens, pickcting, spccchm�Ui �, paradcs, ccrcmonics, mcctings, rallics, cntcrtainmcnt, gamcs, shows, conccrts, picnics and all other forms of public assembly. Shared -use path means a bikeway that is physically separated from motorized vehicular traffic by an open space or barrier and is located either within the highway right-of-way or within a separate right-of-way. Shared -use paths may also be used by pedestrians, skaters, users of wheel chairs or wheel chair conveyances, joggers, and Page 3 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. other nonmotorized users. "Greenways" qualify as shared -use paths as defined in this section. Smoke or sSmokinq means the carrying or holding of any lighted or activated pipe, cigar, or cigarette of any kind (including electronic cigarettes), or any other lighted smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind (including electronic cigarettes). Special event means a program, tournament or other event scheduled for specified hours or days involving the participation of the Ddepartment or written approval of the 4Director. Trail means a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials. Vehicle means cvcry any device in, upon, or by which any person or property may be transported upon a highway, except devices othcr than bicycles moved by human power. Bicycles and electric power -assisted bicycles do not qualify as vehicles as defined in this section. Waters means any river, stream, lake, pond, swimming pool or other body of water, whether flowing or still, in or contiguous to any park as defined in this chapter. Sec. 15-3. Department of General Services and pParks, Recreation and tTourism established; position of D4irector created. A €Department of General Services and i4Parks, iRecreation and 4Tourism is hereby established and the position of 4Director of General Services and Parks, Recreation and Tourismof such department is hereby created. Sec. 15-4. Responsibilities of the Department of General Services and Parks, Recreation and Tourism. The dDepartment of General Services and.pParks, Recreation and Ttourism shall conduct the recreation programs of the GCounty1 and all park operations as directed by the laBoard of sSupervisors or the GCounty aAdministrator. Sec. 15-5. Park property. No person in a park shall: ((1) Property: Page 4 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. al) Disfiguration and removal of park property. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridges, tables, benches, fireplace, railings, tree guards, paving or paving material, public utilities, signs, notices or placards (either temporary or permanent), monuments, stakes, posts,- or other boundary markers, or other structures, equipment, facilities or park property or parts thereof, either real or personal. (.b2) Conduct in restrooms and washrooms. Fail to maintain restrooms and washrooms in as neat and sanitary a condition as prior to such person's use, nor shall any person ovcr thc agc of fivc (5) ycars use thc restrooms and washrooms dcsignated for the opposite sex, except a child in the Use of any device or equipment for taking any photographic image or likeness in any restroom, locker room or washroom is prohibited. Minors under the age of five (5) years of age shall be accompanied by an adult while in restrooms and washrooms. (s3) Disturbance and removal of natural resources. Dig, disturb or remove any sand, soil, rock, stones, water, trees, shrubs or plants, downed timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency in any park unless given specific authorization to do so by the Director or his or her designee. (44) Erection of structures. Construct or erect any building structure or utility service of whatever kind, whether permanent or temporary in character, in any park cxccpt by cpccific writtcn permit issucd hcrcundcr. unless given specific authorization to do so by the Director or his or her designee. Tents shall not be connected or fastened to any piece of park property or natural resource within the park, unless specifically authorized by the Director or his or her designee. Tents erected within a park shall otherwise comply with all applicable laws and regulations. (54) Pollution of waters. Throw, discharge, place or cause to be placed, in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park, or in any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, whether liquid or solid, which will or may result in the pollution or littering of said waters. (6) Rubbish and waste. Bring in or dump, lay, cast, drop, discharge, deposit or leave any bottles, broken glass, ashes, cinders, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, construction debris, home appliances, furniture and similar discarded items, or any other trash. No such rubbish or waste shall be placed in any water in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; at locations where receptacles are Page 5 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (2) Trees, shrubbery, lawns. a. Injury and removal. Damage, cut, carve, transplant or removc any tree or plant or injure the bark, or pick - flow r seeds of any tree or plant• nor attach any ropc, wirc, or othcr contrivancc to any trcc or plant; or dig in or (3) beauty or i isefulnec6 of any area cablc or othcr contrivancc upon monumcnts, vascs, fountains, railings, fences or upon any other property not designated or customarily used for such purposcs. Wild animals, birds, etc. a. Hunting. Hunt, molcst, frightcn, kill, trap, chase, tease, shoot, or throw missiles at any animal rep e or bird; nor shall ppe-Fsannre ove nr have in his po cssion thc young of any wild animal, or thc cggs or ncst, or young of any reptile or bird. Ceeding Gi„e or offer or attempt to give to any anim alcohol or other known noxioi is substance Sec. 15-5.1. Public trees. (1) Purpose. It is the purpose of this section to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting and removal of trees on public property. Further, it is the purpose of this section to enhance the quality of life in the CGounty by protecting trees and by minimizing the loss of tree coverage on public propertiesproperty. (2) Definitions. The following terms, when used in this section, shall have the meanings ascribed to them in this subsection, unless context clearly indicates a different meaning: Diameter -at -breast -height shall be the tree trunk diameter measured in inches at a height of four and one-half (4.5) feet above the ground. Dripline shall mean a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground. Invasive alien plant spccics shall be thosc spccics currcntly listcd by thc statc dcpartmcnt of conscrvation and rccrcation. Page 6 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. Public property shall include all lands owned by the cCounty, including but not limited to public parks and property of other GCounty buildings and facilities, and includes all greenway easements donated to or owned by the CGounty. The term "public property" shall exclude public streets and public utility, drainage and storm water easements and county water and sewer easements. Public utility company shall mean any corporation, company, individual, association or cooperative that is a "public utility" as defined in section 56-232 of the Code of Virginia, 1950, as amended. Topping is defined as the severe cutting back of limbs to stubs within the a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Tree shall mean any self-supporting woody plant, usually having a single, main woody trunk and producing a more or less distinct and elevated head with many branches. For the purposes of this section, a tree shall have a diameter -at -breast -height of four (4) inches or more. Tree committee shall mean the committee appointed by the county administrator Director to develop uniform standards for implementing the provisions of this section. (c) Applicability. This section provides full power and authority over all trees located on public property. (d) (4) Authorization required. (1) a_a—It shall be unlawful for any person to plant, remove, destroy, relocate, harm or otherwise disturb any tree on public property without first receiving written approval from the tree committee_. nont for inyaciye alien plant cpeciec ac d nod abovo Inyaciye �x�cFr�rvrmvcr.T^ir�aTr caTCT-��.rae�rrcc alien plant species may be rcmovcd. (2) b. —In the case of emergencies, such as windstorms, ice storms or other disasters, written approval may be waived by the tree committee during the emergency period so as not to hamper work to restore order to the eCounty. (e) Abuse or mutilation of public trees or shrubs. Unless specifically authorized by the tree committee, it shall be unlawful for any person to intentionally damage, cut, carve, transplant or remove any tree or shrub on public property; attach any nails, advertising posters or other contrivance to Page 7 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (f) L any tree or shrub on public property; allow any gas, liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub on public property. Protection of trees. Trees that are to remain after construction of public buildings, facilities, driveways, roads, utilities or other below or above ground public structures must be protected from construction activities and heavy equipment to ensure their survival. (1) a. The Director shall establish a three (3) person tree committee, which shall meet at such times and at such places as decided upon by the Director. Members of the tree committee shall serve for such terms as decided upon by the Director, and there shall be no term limits. Members of the tree committee may be removed from the tree committee for good cause as determined by the Director. b. The tree committee shall establish guidelines for trees that are to remain on public property and that are within or in close proximity to the immediate construction activity area. (2) bc. No person, including public utility companies and GCounty departments, shall excavate any ditches, tunnels, trenches or lay any driveway or street within a radius of ten (10) feet from any tree on public property without first obtaining written approval from the tree committee. This provision does not apply to the maintenance and repair of existing public utility and GCounty water and sewer utility facilities. (3) cd. All trees on public property shall be pruned or trimmed only in accordance with reasonable industry the standards, as determined by the tree committee cstablishcd by the National Arborist Association, entitled "Pruning Standards for Shade Trees," as rcviscd in 1988. This includes all public utility companies and GCounty departments or their subcontractors involved in maintenance on GCounty property or easements. f4)-be. It shall be unlawful for any person, firm, or GCounty department to top any tree on public property, unless specifically authorized by the tree committee. Trees severely damaged by wind, ice or snow storms or other disasters may be exempted from this section at the determination of the tree committee. th Enforcement. The tree committee shall have the general powers and duties to: Page 8 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (1) a_. Direct, manage, supervise and control the planting, removal and protection of all trees on public property. (2) b_ Protect all trees on public property so as to prevent the spread of disease or pests and to eliminate dangerous conditions which may affect the health, life or safety of persons or property. {�}c� Require the preparation of a tree protection plan for GCounty construction projects, when deemed appropriate and necessary. (11) d. Administer the provisions of this articicsubsection. Sec. 15 6. Sanitation. No person in a park shall: (1) Pollution of watersPollution of watcrs. Throw, dischargc, place or cause to be pll in way f any foun n pond lake stream hays or oth r body of watcr in or adjaccnt to any park, or in any tributary, strcam, storm scwcr or drain flowing into such waters, any substance, matter or thing, whether liquid or solid, which produccs, or may rcsult in, thc pollution or littcring of said watcrswhich will or may rcsult in thc pollution or littcring of said watcrs. (2) Rubbish and deposit or Icavc any bottics, broken glass, ashcs, cinders, paper, boxcs, camas, dirt, rubbish, wastc, garbagc, rcfusc, construction dcbris, homc applianccs, fi T Tanrd similar dice a T� , o other tram ubbish�or rcfusc matcrialswastc shall be placcd in any watcr in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper rcccptacics whcrc thcsc arc providcd; at locations whcrc rcccptacics arc not so provided, all such rubbish or refuse materials waste shall be carried away from thc park by thc person rcsponsiblc for its prcscncc and properly disposcd of clscwhcr Sec. 15-67. Traffic and vehicle use. No person in a park shall: (1) Motor vehicle laws apply. Fail to comply with all applicable provisions of the Sstate and GCounty motor vehicle traffic laws in regard to equipment and operation of vehicles together with such requirements as are contained in this and other ordinances. (2) Enforcement of traffic requirements and regulations. Fail to obey any police officer and park attendants who are hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with Page 9 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (3) the provisions of these requirements and such supplementary regulations as may be issued subsequently by the D4irector. Obey traffic signs. Fail to observe all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for property control and to safeguard life and property. (4) Speed of vehicles. Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon such park roads as the County may designate, by posted signs, for other speed limits. (5) Operation confined to roads. Drive any motorized vehicle on any area except the paved park roads, parking areas. or such other areas as may be specifically designated as tcmporary parking arcas by the dDirector. (6) ATVs, ctc Off road vehicles, etc. Operate in an„ nark or recreation area snowmobiles, hovercraft, minibikes, pocketbikes, motorcycles, go-carts, all - terrain vehicles (ATVsl, golf carts, mopeds or any other off road vehicles, except in areas specifically designated by the D4irector for such use. (7) Aircraft. Launch or land any manned or unmanned aircraft, including (8) drones, remote control planes, helicopters, gliders, jets, airplanes, powered parasails, powered paragliders, ultralight aircraft or hang gliders, except in areas specifically designated by the Director for such use, and by permit. This subsection shall not apply to Roanoke County employees within the exercise of their employment duties, and with reasonable notice to the Director. Trucks and commercial vehicles. Shall ()Operate in or through any park, any trucks or commercial vehicles with a gross weight in excess of five (5) tons, except for the delivery of the load thereon for use in such parks as expressly approved by the D4irector. (98) Parking. a. Designated areas. Park a vehicle in other than anywhere except in an established or designated area, cept as shall be and in accordance with the instructions of any park attendant or police officer who may be present. b. Prohibited activities. Park a vehicle in a park for the expressed or apparent purpose of washing, repairing or maintaining the same. c. Double parking. Double park any vehicle on any road or parkway unless directed by a park attendant or police officer. Page 10 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (10) Bicycles. .� Confin ide o than a v d or path dcsignatcd for that purposc. A bicyclist shall bc permittcd to whccl or push to by hand over any r rassy or wooded trail or any paved area rcscrvcd for pcdcstrian usc. b. Designated racks. Leave such is providcd and thcrc is a spacc availablc. When riding a bicycle or electric power -assisted bicycle, a rider must yield to walkers and runners. Riders must abide by bicycling laws set forth in the Code of Virginia when riding in parks. Class one, class two, and class three electric power -assisted bicycles may be ridden in places where bicycles are allowed. Class three efec ^^^e-assiste " es a prohibitcd. Sec. 15-87. Prohibited uses of parks. No person in a park shall: (1) Dictributi^n or dicplayPostinq or leaving papers or materials. No person in a park shall Ppost, paint, affix, distributc, handout, dclivcr, place, cast or leave about any poster, paper, or other materialsbill, billboard, placard, tickct, handbill, circular or advcrtiscmcnt; display any flag, banncr, promotional purposcs; operatc any musical instrumcnt for advcrtising or promoti nal p irposes or for p irpose of attracting attention to any AT9iTTQ mar— �^F��v-rccccra�cmc�acccrrcrvrrcv—aTr� exhibit, chow, performancc or othcr display unless expressly authorized through permit by the Ddirector pursuant to scction 15 11(c). (2) Contributions. Solicit contributions for any purposc. Bathing and swimming. aa. Designated areas. No person in a park shall Sswim, bathe,- or wade in any waters or waterways that have been designated and posted by the Director as prohibited swimming areas. in any park, cxccpt in such waters anand-i-n-such planes as are provided tereforo and in compliancc with such rcquircmcnts as arc hcrcin sct forth or may be h reina to -adopted . 1�Ir-No �n p eguent an i ^iator�rs o� placcs customarily dcsignatcd for thc purposc of swimming or bathing or congrcgatc thcrcat whcn such activity is prohibitcd by thc dDircctor upon a finding that such usc of thc watcrs would bc dangcrous to public hcalth, safcty or wclfarc. fib. Certain hours. No person in a park shall u1jse or remain upon any waters or places designated for the purpose of swimming or bathing, Page 11 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. or congregate thereat, except during such hours of the day as shall be designated by the Ddirector for such purposes for each individual area. c. Bath houses. Dress or undress in any vchicic, toilct or othcr placc, cxccpt in such bathing houscs or structures as may bc providcd for that purposc. (43) Boating. aa. Designated areas. No person in a park shall oQperate or occupy any boat, raft or other watercraft, whether motor powered or not, upon any waters that have been designated as posted by the Director as }prohibited boating areas. cxccpt at placcs dcsignatcd for boating by th _directs- dt G�hall be in accordance h applicable rcgulations as arc now or ma hcrcinaftcr bc adoptcd by the dDepartment. b Operation of boats. No person in a park shall Nnavigate, operate, direct or handle any boat in violation of federal, state or local laws pertaining to the operation of boats. cG. Prohibition during closed hours. No person in a park shall Llaunch, dock, operate or remain on or in any boat, raft, or other watercraft of any kind on any waters during the closed hours or except during such hours as shall be designated by the D4irector for such purpose. (54) ) Fishing. aa4-.- Commercial fishing. No person ,,--a--Gark,shall Commercial fishing, bbuyingy or sellin fish caught in any park waters-s forbiddcn. 62.- Designated areas. No person in a park shall Ffish in any park waters, whether by the use of hook -and -line, net trap, spear, gig or other device, that have been designated and posted by the Director as prohibited fishing areas. except in such waters thereof as have bccn dcsignatcd by the dircctor for that use and undcr such rcgulations and restrictions as havc bccn prcscribcd by said dircctor. (55) ) Hunting and firearms. No person in a park shall #hunt, trap or pursue wildlife at any time. Trapping may be authorized, by permit, when it is deemed by the 4Director that said activity is in the best interest of public health, safety and/or welfare. No person shall within a park use, carry or posscssbrandish or discharge any firearms, ammunition or combination thcrcof, as cxpressly prohibitcd by statutc, or air rifles, spring guns, pellet guns, paintball guns, bow and arrows, slings or any other forms of weapons Page 12 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. potentially dangerous to wildlife or to human safety or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping dcvicc. Shooting into park areas from beyond park property boundaries is forbidden. -_The D8irector may permit authorization for the use of a firearm or other potentially dangerous instrument; to be used in a park for a special event or GCounty managed activity. ({��) Picnic areas and use. a. aRegulate d. �icnic in place othe thaw d gn �t fnr purposc. Park attendants shall have the authority to regulate picnic activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. No visitor shall fail to Visitors shall comply with any directions given by park attendants to achieve this end. b. Availability. Dr rcnne in park chall obc policy that i of the individual fircplaccs as wcll as tTables,aed-benches and cooking grills are available for use on a shall follow the rule of "first come, first served" bBasis, unless previously reserved. c. GDuty of picnicker. Lcavc a picnic arca before the firc is completely tinguished and before Open fires shall only be permitted as specifically allowed by the Director, and shall be located in a designated fire ring. Aall trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is -shall be placed in the disposal receptacles where provided. If no such trash receptacles are available, all refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. d. 8Nonexclusive. No person in a park shall Muse any portion of the park areas or of any of the buildings or structures therein without a permit issued by the dDirector, for the purpose of holding activities to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded. e. eReservations. Reservations for shelters only may be obtained only by paying a fee, as determined by the D4epartment of parks, recreation and tourism for exclusive use during said time period. Permits will-G-14y be issued only upon payment of fee and must be in the possession of users to be valid. No person or group occupying a shelter shall fail to relinquish the shelter to a party or group holding a reservation permit from the dDepartment of pParks, rRccr and tTourism. Page 13 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (g7) ) AAthletic fields. In order to minimize excessive wear of athletic fields, Usc any Roanoke GCounty owned or maintained ball athletic fields shall should not be used for organized use unless the users have first until first sccuring secured a field rental contract for ficld use from the 4Department. This rcquircmcnt applics to all sanctioncd or non-sanctioncd tname or- organized group& Field rental contracts may cover league teams for a specific sport and may include multiple fields; however, copies of such contracts shall be in the possession of a responsible individual for each non- canctioned t m or organized group using -any-such ball athletic field. Camping. No person in a park shall Sset up a tent, shack& or any other temporary shelter for the purpose of camping, without a permit from the dDirector. Unless a permit has been obtained from the Director, during closed hours, no person shall leave in a park any equipment, structure or vehicle to be used or that could be used for such purposcs camping, such as a house trailer, camp trailer, camp wagon or the like. (10) Gamcs. Takc part in or organizc any rccrcational activity or thc playing of therefor(41-9)—) Horseback riding. No person in a park shall Rride, drive or lead a horse except on park drives or trails, as designated by the 4Director. Where permitted, horses shall be thoroughly broken and properly restrained, ridden with due care, and shall not be allowed to graze or go unattended, nor be hitched to any rock, tree ora►d shrub. No hoofed animals will be allowed on turf areasoutside designated riding areas. (4210) Missilcs) Missiles and fireworks. No person in a park shall Gcarry, shoot, fire, explode or throw any fireworks, firecrackers, rockets, torpedoes or missiles of any kind in any park without a permit from the 4Director. (441 1 ) —Photography. No person in a park shall mMake still or moving pictures that involve the use of special settings, structures, lighting or apparatus, or the performance of a cast of persons, either amateur or professional, or the posing of professional models without prior written authorization by the dDirector; said written permission may be issued only when such activities will permit normal use of park facilities by other visitors. However, the provisions of this section do not in any way restrict the ordinary use of cameras by amateur photographers or commercial media coverage. (1'I) Rcmote control planes. Operatc a rcmotc control planc, glidcr, or motor propcllcd aircraft in any park without a permit from thc dircctor. Sec. 15-9. Meetings and concessions. No person shall: Page 14 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (1) Hold or takc part in any public mccting or cvcnt, rcligious, political, charitablc or othcrwisc, including picnic partics and cntcrtainmcnt for charitablc or rcligious purposes, in any public park without first obtaining written permission from the dircctor. Such asscmblagcs shall bc conductcd in a lawful and ordcrly manncr and shall occupy such grounds and facilitics as may bc assigncd to or rcscrvcd for thcm. (12) Concessions. No person in a park shall @sell or offer for sale any food, beverage, refreshment or any article or service whatsoever. in any park excepts concessionaires under contract with the GCounty or by nonprofit, charitable or religious groups, authorized by permit from the dDirector. Sec.15-848. Behavior. No person in a park shall: (1) Intoxication. Enter upon or be in or remain in a park or recreation facility while under the influence of alcoholic beverages or any controlled substance as defined by the Drug Control Act of the Code of Virginia,,-. except as authorized bey a permit from the director (2) Taking a drink or tendering same. Take a drink of any alcoholic beverage or tender a drink thereof to any other person, whether accepted or not, except as permitted by Scction '1.1 308C '1 78CTitle 4.1 of the Code of Virginia, 1950, as amended, or as permittcd by aand as authorized permit issucd by the D8irector. (3) Smoking. Smoke inside a public building. (44) ) -Domestic animals. Be responsible for the presence of a dog or other domestic animal in a park (excluding areas of parks designated by the Director as "dog parks") unless such animal is carried, led by a chain, strap or rope, or kept in a wagon, automobile or other vehicle. Dogs, cats or other domestic animals shall not be permitted to enter any lake, pond, fountain, swimming pool, or athletic field, unless said area has specifically been designated as allowing said animals by a posting thereon. "Service dogs" as defined in Section 51.5-40.1 of the Code of Virginia, 1950, as amended, shall be excluded from the provisions of this section. All domestic animal waste must be disposed of in a proper manner (i.e. scooper or plastic baggie) by owner. Be responsible for the entry of a dog or other domestic animal into a park i finless carricd, lcd by a chain, strap or ropc, or kcp temmear—GotnT vehicle by chain rope or strap flogs cats or other domestic animals shall not be � o permittcd to cntcr any lakc, pond, fountain, swimming pool, strcam, all spccial Page 15 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. cvcnt ar s and tournamcnts, ball ficlds or food and beverage concession areas within any park or rccrcation arca. Scrvicc dogs shall be cxcludcd from the provisions of this regulation III domestic animal waste must be disposed of in a proper manncr (i.c. scooper or plastic baggic) by owncr. or other animals that are present at a sSpecial eEyent other than for the express pi r� rse g .ten indiyid al with bilit exclud pre ce animals or pets which are an at ct-i-an and/or a pat-eTthee eeciaiee�� (45) ) Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the 4Director. No person shall drop, or throw or otherwise scatter lighted matches, burning cigarettes, cigars, tobacco paper or other inflammable material within any park area, or on any highway, road or street abutting or contiguous thereto. (56) ) Closed areas. Enter an area posted as "Closed to the Public" or "No Trespassing," or othcrwisc "closcd" in accordancc with scction 15 11(b) of this chaptcr. No nor shall any person shall use or abet the use of any area in violation of posted notices. (57) ) Going onto ice. Go onto ice on any of the waters except such areas designated as skating areas and posted as such. (8) ) Disorderly conduct and disturbing the peace. Cause inconvenience, annoyance, or alarm to another by doing any of the following: a-. _Engaging in fighting, engaging in threatening harm to persons or property_ or engaging in violent or turbulent behavior; b14. Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person; CG. Insulting, taunting, or challenging another under circumstances in which such conduct is likely to provoke a violent response; d4. Hindering or preventing the movement of persons on a public street, road or right-of-way, or to, from, within or upon public property, so as to interfere with the rights of others and by any act which serves no lawful and reasonable purpose of the offender; Page 16 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. ems. Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which serves no lawful or reasonable purpose of the offender. (g9) ) Exhibit permits. Fail to produce and exhibit any permit& from the dDirector upon request of any police officer or park attendant who shall request to inspect the same. (�10) ) Interference with permittees. Disturb or interfere unreasonably with any person or party group occupying any area, or participating in any activity, permitted by under the authority of a permit. Sec. 15449. Park operating policy. (a1) ) Hours. Parks shall be open to the public every day of the year from one-half ('/2) hour after daylight 6:00 a.m. to one-half (1/2) hour before sunset, except with the following exceptions: a. P.park facilities with outdoor illuminated athletic field lighting shall be open to the public from one-half ('/2) hour after daylight to 11:00 p.m.; b. Park facilities with special hours of operation, which when such special hours of operation areshabc posted thereon—; and c. Select exceptions after receiving sSpecial written permission from the 4Director or his or her designee. is reguirerl for an„ percono to remain in any park area of itside regi filar open hoi irc Explore Park hours of operation shall be exempt from this provision. (2) ) Closed areas. Any section of any park may be declared closed to the public by the dDirector at any time or for any interval of time, either temporarily or at regular and stated intervals and either entirely or merely to certain uses, as the 4Director shall find reasonably necessary. (e3) ) Permit. A permit shall be obtained from the Ddirector before participating in a park activity prohibited by the rules set forth in this chapter. (1) a. Application. A person seeking issuance of a permit hereunder shall file an application with the 4Director. The application shall state: tThe name and address of the applicant; the name and address of the person, persons, corporation or association sponsoring the Page 17 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. -b_ activity, if any; the namc, address and effective contact information for a rcsponsiblc individual for such permit; the day and hours for which the permit is desired; an estimate of the anticipated attendance; any other information which the 4Director shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder. Standards of issuance. The 4Director may issue a permit hereunder when he finds: that the proposed activity or use of the park will not unreasonably interfere or detract from the general public enjoyment of the park; that the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety or recreation; that the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct; that the proposed activity will not entail unusual, extraordinary or burdensome expense or allocation of manpower resources by the Roanoke County pPolice dDepartment or other operation by the sCounty; that the facilities desired have not been reserved for other use at the day and hour required in the application. (3) c. Appeal. Within seven (7) days after receipt of an application, the Ddirector shall either issue a permit or apprise an applicant in writing of his reasons for refusing a permit ,and Aany aggrieved person shall have the right to appeal in writing within five (5) days to the assistant County Aadministrator, or his or her designee, which shall consider the application under the standards set forth in subsection (2) hereof and sustain or overrule the Ddirector's decision within fifteen (15) days. The decision of the County A -administrator, or his or her designee, shall be final. d_('l ) e. Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits. The Director may impose reasonable conditions in granting a permit under this section. (5) Liability of permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injuries sustained by any person whatsoever, by reason of the negligence of the person or persons to whom such permits shall have been issued. and shall indcmnify and hold the county, its officcrs, cmployccs and agcnts harmless from any claim ii figment or award for damages or other legal relief of any nati ire whether .moo a res ilt of legal or administrative action. Page 18 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (6) f, Revocation. The Ddirector shall have the authority to revoke; or otherwise modify- a permit upon finding a violation of the permit conditions, any rule or ordinance, or upon good cause shown. Reasonable efforts shall be made by the Ddepartment to promptly notify the holder of the revoked or modified permit of the D4irector's actions. Sec. 154210. Fines and penalties. (a) Unless a more severe punishment is specifically provided for under state law which shall then be applicable to a violation of this chapter, a violation of any provision of this chapter shall constitute a class 4 misdemeanor,; provided that nothing herein contained shall limit the authority of the court to order restitution for the benefit of the CGounty as a result of any damage or abuse to property subject to this chapter. (b) That any provision of the County Codc not spccifically amcndcd or rcpcalcd abovc shall rcmain in full forcc and cffcct as adoptcd. (c) This chaptcr shall be in full forcc and cffcct from and aftcr its passagc. This ordinance shall be in full force and effect from and after its adoption. Page 19 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. 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: September 21, 2021 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Open district appointments BACKGROUND: 1. Library Board (appointed by District) The following District appointments remain open: Cave Spring Magisterial District Vinton Magisterial District Supervisor David F. Radford has recommended the appointment of Bonnie Johnson to represent the Windsor Hills Magisterial District with a term to expire December 31, 2023. Confirmation of this appointment has been added to the Consent Agenda. 2. Parks, Recreation and Tourism Advisory Commission (appointed by District) The following appointments remain open: Mike Roop's three (3) year term representing the Vinton Magisterial District expired June 30, 2019. Rich Tomlinson's three (3) year term representing the Vinton Magisterial District Page 1 of 2 expired June 30, 2021. 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. 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, SEPTEMBER 21, 2021 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - 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 September 21, 2021, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows: 1. Approval of minutes — June 8, 2021 2. Resolution granting a waiver to Hollins University under Section 13-23 of the Roanoke County Code to the provisions of the County's Noise Ordinance, Article II. Noise of Chapter 13. Offenses — Miscellaneous 3. Request to accept a donated canine from the Police Foundation valued at $8,500 for use by the Police Department's K9 Unit 4. Confirmation of appointments to the Library Board (by District) Page 1 of 1 ACTION NO. ITEM NO. L.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Resolution granting a waiver to Hollins University under Section 13-23 of the Roanoke County Code to the provisions of the County's Noise Ordinance, Article II. Noise of Chapter 13. Offenses — Miscellaneous Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Daniel R. O'Donnell County Administrator Approval of a noise ordinance waiver for Hollins University per Section 13-23 of the Roanoke County Code. BACKGROUND: Hollins College has requested a waiver from the County's noise ordinance under Section 13-23 of the Roanoke County Code to allow for a formal dance event to be held on October 9, 2021. The dance is scheduled to start at 8:00 p.m. and would end at 12:00 a.m. The attached resolution grants a waiver to the noise ordinance for this event. DISCUSSION: The Board of Supervisors has annually approved a noise ordinance waiver for Hollins University since 2010 to permit similar events. FISCAL IMPACT: There is no fiscal impact associated with this request. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends that the Board consider the adoption of the attached resolution. 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, SEPTEMBER 21, 2021 RESOLUTION GRANTING A WAIVER TO HOLLINS UNIVERSITY UNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13. OFFENSES — MISCELLANEOUS WHEREAS, Hollins University, a private university located in north Roanoke County, will be holding their annual Fall Formal Dance on Saturday, October 9, 2021, ending at midnight on the grounds of the University; and WHEREAS, in order to accommodate the advertised time frame and to mitigate economic hardship by enhancing students' sense of connectedness with Hollins and the Roanoke Valley through social interaction that supports recruiting and retaining students that in turn affects the economic vitality of the University and Roanoke County with this event, Hollins University is requesting a waiver of the County noise ordinance for (2) hours from 10:00 P.M. till midnight, on Saturday, October 9, 2021; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance to avoid undue hardship upon consideration of certain factors set forth in sub -section (b) of Section 13-23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the provisions of Section 13-21. Specific acts as noise, sub -section (5) and Section 13-20. General prohibition of Article II. Noise be WAIVED for a period of two (2) hours until midnight on Saturday, October 9, 2021. Page 1 of 2 2. That this Waiver is granted specifically to Hollins University for the events scheduled at the University on Saturday, October 9, 2021. Page 2 of 2 HOLLINS UNIVERSITY Megan Canfield Office of Student Activities and Orientation Roanoke, VA 24020 Canfieldm@hollins.edu 540-362-6986 July 15, 2021 Board of Supervisors Roanoke County 5204 Bernard Dr Roanoke, VA 24018 To the Roanoke County Board of Supervisors and County Attorney Peter Lubeck : I am writing to you on behalf of the Hollins Activity Board (HAB) at Hollins University. We have scheduled our annual Fall Formal dance on the Hollins University Campus on the evening of Saturday, October 9th, 2021. You all were so gracious is giving us variance in the spring of 2020 for unfortunately a dance we were unable to have. We are now back and hope to host again on campus this fall. Our dance is set to begin at 8 p.m. and would end at 12:00 a.m. In regards to the provisions of the County's Noise Ordinance, Article II, Chapter 13, we are hoping to be granted a variance of the noise ordinance that would allow us amplified music from a DJ performer until 12:00 a.m. Historically dances on campus have been enjoyed and treasured by our student body and we are hoping to continue this tradition in whatever capacity we can this fall. We appreciate your understanding in this. Please feel free to contact me with any questions or concerns. Thank you, C4,01 Megan Canfield Director of Student Activities and Orientation P.O. Box 9543 (540) 362-6986 E-mail: canfield@hollins.edu ACTION NO. ITEM NO. L.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Request to accept a donated canine from the Police Foundation valued at $8,500 for use by the Police Department's K9 Unit Chuck Mason Assistant Chief of Police Daniel R. O'Donnell County Administrator Acceptance of an eleven month old Belgian Melanois valued at $8,500 to the Police Department. DISCUSSION: The Police Department has been offered a donation from the Roanoke County Police Foundation of an eleven (11) month old Belgian Melanois for use as a narcotics detection and patrol K9. The value of the canine is $8,500. The dog named Maverick will be assigned with his handler, to the K9 Unit of the Police Department's Patrol Division. The Foundation's donation was made possible by the generous contribution to the Foundation by Ayers Financial Services, Inc. FISCAL IMPACT: The Police Department will supply necessary training, equipment, and a vehicle from its existing funds. No additional funding is requested. STAFF RECOMMENDATION: Staff recommends acceptance of this donation. Page 1 of 1 ACTION NO. ITEM NO. L.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Confirmation of appointments to the Library Board (by District) Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Daniel R. O'Donnell County Administrator Confirmation of appointments BACKGROUND: Library Board: Supervisor David R. Radford has recommended the appointment of Bonnie Johnson to represent the Windsor Hills Magisterial District to a term to expire December 31, 2023. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no discussion associated with this agenda item. STAFF RECOMMENDATION: Staff recommends confirmation of all appointments. Page 1 of 1 County of Roanoke Unappropriated Balance, Board Contingency, and Capital Reserves Fiscal Year 2021-2022 3 Y CL (0 U 0 cu 2 aJ to ar cc a-1 Lf) a-1 a-i a--1 Lf) N -. o 00 t.o LA c 1 n t40 a1 Lri N Li) N a LID 1.0 ai i/F C C E C L a 7 Q 0 L I: C al 0 Expenditure Contingency O o O V) N 1, LP N Li-) N n O) 1d) N 0 Lf) Board Contingency O 0 0 O Li -)al L $ 50,000 of Revenues M N ai Unappropriated Balance O) LA 00 N M 1.0 M N -. m 0 CO a•-1 dl $ 24,124,662 U (1J O L Q a) cu Ea O U O +' 7 QJ p U -cs C ( N * a•-1 0 N...... O (6 N di.a_ m o al C N 4 O rs1cI p O u) N O u C C O -0 -0 -13 as u = a) C O m 0 N al L. In(6 ) N o Q LI) N c-I Li-) O al U ( (6 c i 0 N b0 -a =m N N NO N E p } , .fl- O Q Q a h .7 0) N o CCCU tzt Q ( J a-i 0 a) U C (0 C 0 + aJ 00 a-1 _0 IN O N N c.j N N 0 L L .0 O y (0 N O @ Q a) U Q C a m * Does not include close out of year end balances or any completed capital projects which will be finalized during the year end process this upcoming fall COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Unaudited Outstanding Outstanding June 30, 2021 Additions Deletions September 21, 2021 VPSA School Bonds $ 74,515,490 $ Lease Revenue Bonds 77,530,000 Subtotal 152,045,490 Premiums 10,777,149 $ 162,822,639 $ $ 8,552,438 $ 65,963,052 77,530,000 8,552,438 143,493,052 10,777,149 $ 8,552,438 $ 154,270,201 Submitted By Laurie L. Gearheart Director of Finance and Management Services Approved By Daniel R. 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N 49 T 1 • N n N N CO N (N `(j (P) M ( (:j a) O) CO N co (f) r r o) ( N CO M ea N 00 CD r r N g� CO OO N O c r r M d7 r T ( T 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e g E }'NO a) N Oo NO er cor I,000 MO (a) ) (Ta 7 ®),NO {j) NOMO (�) (f)Or �000 00 (, 0O a C •O N O (V eiO MO co CO Mr M000 {r) N CO a) pry W 7r T r r T N N N (0(0 N d' T an 7x. 43 W e 000 ri NO COO c^C N COOOO ® CO CO Ca () �coO r� v `p ccoornr eto N CO N N r m ei ( T 10 10 CD ce a_ 00 N ® a e r ri o N ea N S J1 W 0 COO r OI�NO CO O(f)OOOO (0 r er {() 4 CO CD N CO CO CDer 0 0 0 N CO CO N (f) (()OCO N COON 000 (a CO CO (0 a) 157 o as o)N(n(nOO N e T er M r 00 (f') 00 (f') CO CO 7-(f') C9 O) 7 N {� N d' �i U) N C) r 4- ® I� Co T r T N CO r N 10 no r co CO • CO 7- Parks, Recreation & Cultural O N � (0 .E co rr, CD- O 0='C CD -t 0 N a) O .OQ O. c O 4) Ct 1) xNcmOtaE.- acQ ovO X.(C) p O 0 W 0 0. W D 2 H II CO0 Non-Depar mental Interfund Transfers Out Intrafund Transfers Out Transfers Out Grand Totals ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: Accounts Paid - August 2021 SUBMITTED BY: Laurie L. Gearheart Director of Finance and Management Services APPROVED BY: Daniel R. O'Donnell County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors Payroll 08/06/21 Payroll 08/20/21 Manual Checks Grand Total Direct Deposit Checks Total 1,461,909.61 1,567,555.99 $ $ 12,109,345.57 27,875.43 1,489,785.04 22,592.73 1,590,148.72 $ 15,189,279.33 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: September 21, 2021 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 31-Aug-21 SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON GOVERNMENT: SCOTT STRINGFELLOW CONTRA SCOTT STRINGFELLOW WELLS FARGO WELLS FARGO CONTRA LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION MONEY MARKET: ATLANTIC UNION BANK HOMETRUST BANK SCOTT STRINGFELLOW WELLS FARGO 3,212,151.38 3,212,151.38 (21,855.00) 45,501,348.95 0.00 0.00 45,479,493.95 35,806,542.97 35,806,542.97 4, 542, 875.13 4,036,268.85 15,960,854.54 5,288,323.86 29,828,322.38 TOTAL 114,326,510.68 09/21/2021 ACTION NO. ITEM NO. P.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Work session to review with the Board of Supervisors the preliminary and unaudited financial results for the fiscal year ending June 30, 2021, for the County of Roanoke, Virginia Laurie Gearheart Director of Finance and Management Services Daniel R. O'Donnell County Administrator Provide the Board of Supervisors a preliminary overview of the financial results for fiscal year ending June 30, 2021. BACKGROUND: Per Section 4-1 and 4-5 of the County of Roanoke's Comprehensive Financial Policy, County staff will provide a year-end comparison of budgeted to actual revenues and expenditures for the previous fiscal year. This presentation provides an overview of the budgeted and actual revenues and expenditures of the general government and other funds, along with information on fund balance reserves and policies. DISCUSSION: The Department of Finance and Management Services is currently working through the financial results for fiscal year ending June 30, 2021, and preparing for the annual audit of those results. The purpose of this work session is to provide the Board of Supervisors with preliminary and unaudited revenue and expenditure information for County funds as of June 30, 2021. Department of Finance and Management Services staff will review the attached PowerPoint presentation at the work session. Additional information regarding fiscal year ending June 30, 2021, revenues and expenditures will be provided at the work session. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with the receipt of the preliminary financial results for fiscal year ending June 30, 2021. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive the preliminary financial results for fiscal year ending June 30, 2021. Page 2 of 2 Board of Supervisors Work Session September 21, 2021 L co ,>- E co E = a) (/) = C3 c) = :0" 7:3 c c (i) (i) c > 0_ (i) x n, GC w rn � C VJ 41 N < E E L S- C i i Q o 0 U C7 FY 2021 Genera FY 2021 Genera Government Year -End Summary FY 2021 Genera Other Funds cu .V 0 CL CU V = c/) fB O- M CU CO V% -0 4-J uCU z (% • ? o > 0 • • (/) = Q) fB su V _0E au V 0 a) V .— - v) coo 0 r 0:1) 73 } , , = bp�_ V > C E C) = O '> rS- I N 0- of a) (3) (0 0 CD • — > > a) ca _Coti) a) I a) O 0_ca CO N O a� ' V !bA C cn Li_ ca O LLIc co co ca cn Lti -0 .4..) N ° C`� = eau •° •� = = ,- .- o +, ca N V N tao LU ca —C >7 .— c) N = O -0 -1 > Vct5 c co r-I CNI bp+-) ca O CO 0 -0 O i C(1) -C t E • CO, N•� � c co U N0 � O� Vo . a) N >' •v .— > N i a) C -0 >-a, CD C 0 i nLL s_ > CO V co C! CO CO 190,144,949 iu} 201,725,122 ilf- 195,622,195 ilf- 194,247,003 190,144,949 201,725,122 Tr R Tr Lfl O rsi I -1 T iu} M -1 O Ln oo ilf- N CT O 0 ilf- H be co U 0 M a) CIA c co CD 75 Ni 0 i Ni w >- CO LL (n •- N V •co a--+ U -0 0:1)^w (n f^^C S- -aO •- a) — N U fa _Q -0 cn U -0 a--+ a-+ te-0 -0 ate-+ = CO N N CO U E -0 -0E 4— — 4) N •— = UJ CC CC LLI bk) • • • • 1.1 J O V N 3 O N GJtto u- W 3 O S CD 3 CD a) N CC u_ U 0^0 1-1 01 Ll1 o 01 NI r-I N 0 CFI 00 N WWD N 0 N LL 0 N 0 (N/ LL 0 N LL 00 0 (NI LL N 0 >- LL Expenditure a) c a) a) cc rowt Percenta: - c0 c 0 u- N 0 u- 0000 0 LL 0 O 0 N N O N. O 0 M N N a) cc 0 M N O M N 0 N. oo Government GJ 3 c CU Q X w 3 c 00 M 00 Cr) iJ• 198,385,925 % -1 00 00 Cr) 209,867,513 ual Revenues L.f) N Encumbrances Carried Forward L.f) N M Expenditure Savings 00 00 rl 00 �-1 00 Ol of Amended Budget If Amended Budget N N U tan -0 - E U coa - w N 4_, z w E N c > (05 O cn c O 0_ oC w N 00 l0 M N. rl Total 2021 Year End M 0 00 rl Cr) Less FY 2022 Budgeted Contribution to Fund Balance N. N N Less General Government Expenditure Contingency per Policy op 00 -1 01 01 M 0 cn a -a U c w a) >- a) N 0 N U. w c w w GC m rn m N N N -cn- r-I N N N r-I r-I in- N Ln m 0 0 r-I - n- N 00 of rn m r-I ?s Above Budget icr m LA O L0 N 4-0 w duo CO >- L O N 0 N U. 01 0 N U. CO 0 N U. N 0 N U. r-I O LtI N r-I -cn- l0 00 01 N m in- Ol N m N N 01 N 0 e N w duo CO c CO (/) 0) > a--+ L L 0 E c bO c > O co bp c N 0 CIO U CO N CO U Ea L 00 N L Q CU x ?' a) 0 E E E E N D > v) o c 0 0 2 U N cO o u 0 0 ('c Go (\I > ?.- ri;1' .2 47) a) ate s Period of C • i O t to ON 0 O Ln 1st Half in December (CY 2020), 2nd Half in June (CY 2021)* CO -I-) V) L1J Receive in May -June, billed annually tonal Property Ln Receive monthly, 2 months delay 1cox — v) O O m Receive in February - March annually ness License O O Ni Receive monthly, 1 month delay Receive quarterly, some received monthly 0 0 N i N E N 0 z z v • N a z Q.) E Q.) Q H N O NI 0 N 0 0 Z E Q 0 0 N V Z 0 N 0 a W a CC liAINVETIMIRMIVICI L 0 bO w V m Ln m r—I Cr) 0 to Ln- Ln N m 0 N N N m 01 m^ N m m I Property Taxes M� 00 N Ln m 00 m m 00 N 01 r—I m 00 00 N l0 1 00 00 N r—I 'ernmental Revenue co N CU N 0 00 l0 N N 1 r—I N N N r-I 0 O N N Ln r'1 N m N N 00 m 0 N N N a) N a) 00 /� '00 W N 0 r-I 00 000 to 01 l0 O O O O N Ol s License Tax % —1 N 0 0 Ln co 00 00 m m 0MM� 00 N N X PR 00 V 1 m N 0 to Ln (31 O O O O O O m m 00 00 r'1 Ln N m nication Sales & Use Tax 0 1 N Ln m V 1 N m N N m N 0 N m N 0 00 tAo 00 00 N m lated Beginning Balance 209,867,513 198,385,925 $ 201,776,022 Y l X U O J O U 0 (13 v C O = C .47(1) ns v `o r U 1 0 a1 a1 C !A co U U J a1 U -a _C a, co L O 0 O U L > o Ev C L 0 v V) } L 1n L 00 t U v ns a`, a a' 0_L o d X C cO c 0 O v� J 4— C O +� v 1 v a = L C LL O -a E f0 O 1n EL v O C U LL O Q) U U J d N a1 LL v 7 ++ C s_ ' v v p_ CU LL v C CO U n C a' '� 1- 2 c U > 'o Di -r-n ; IiIIYATITUITIM IiIIYATITUITIM 0 bO w cO V liAinliTUTTI liAinliTUTTI 0 m N N 00 00 Ol m Real Estate Taxes ko Ol Ol N N N m 0 Ln- N m rn m Ln- N m m Personal Property Taxes 0 rn N O 9 m Ol r-I 00 l0 m m 00 N r-I N 00 00 N r-I Intergovernmental Revenue (State/Federal) 0 0o N r-I r-I 01 N 00 Ol r-I r-I N 0 00 l0 N r-I 00 N rn 0 Ol N r-I Other Local Taxes and Fees' 0 Ol l0 Local Sales Tax 0 00 rn l0 N N 0 N r-I N m N N 00 rn N r-I 00 Other Revenues2 0 Ln Ol N l0 m 00 00 N l0 rn l0 uni N m N Business License Tax 0 l0 00 0 l0 Ln- N % -1 N m 00 N N 00 N l0 Ol N N 0 Ln- rn N m 00 00 ri N m Communication Sales & Use Tax 00 l0 m N r-I m 00 0o r-I Ol 0 r-I 0 N Ln u ni l0 N r-I Hotel/Motel Tax 0 N N N m N m l0 0 00 N 00- 00 N m Appropriated Beginning Balance O 209,867,513 201,776,022 $ H N 0 N U. 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L 0 w CO V 00 N N m O Ln Ln O r-I N 00 N m r-I 00 O 00 N l0 N N O O N N m r-I 0 rn 0 0 m O Ln O Mm 00 m 00 ri m O roperty Taxes N m m l0 O N m l0 '00 W 00 N 00 00 ui O co 00 m N N ui m Ln N VD N 00 imental Revenue Ln m Ln N 00 m ui O N N 00 000 VD l0 N O N VD N 0M/ 00 Ol O Ol 00 0o N O Ol Ln O r-I N N l0 Ol O O Ln O r-I Ln m N rn N 0 Ln X co N N N N O m O N N 00 r-I Ol Ol 0 l0 N O Ln Ln r-I N m m 00 N r-1 N r-I m N V) N ni M� 00 L!i N N O 00 O m m m O m 0o O O m Ln Ol N l0 m N m m X co Q) a) U m 00 N N r-I O m O m N '00 W L!i N N r-1 O N m 00 N O N Ln r-I O 00 N 'Ln W 00 r-1 00 0 r-1 O r-I Ol O N m 00 Ln r-I r-I ation Sales & Use Tax O O O N 00 VD N O N VD N m 00 N 106,719,790 m N 0 100,308,847 N 01 m $ 100,075,460 a1 0 v O a; 0 (13 a1 C 0 = 2 '� v a a', Lo U 0 a, In co C U U a1 U -a _C a, co Lo to 0 U L > Ev C i 0 N V) }i L v� a] Q) �� W t U v (13 L 0 v - x C ns co 4- 0 0 =0 v J �4— (1) C a = C04- I L C LL o - +' Lo v, EL v U LL CU U U_ d N a1 LL v 7 ++ U C a1 a1 CU LL v C f0 0 1- 2 co U > Property Revenue 0 C O O O O O O O O O O O O 69 69 CO EA EA EA SUOMI RAJ co M M ti ti N M EA co co N M EA O O O O o O O LC! 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O d- N M CO 0 d- N 0 N c LL N V 4-0 CI3 co OA CO • m N w c N 0 N LL N 0 N L :oil I],Lii: B. a nc - c LL Ol N N N m N 00 l0 00 0 Ln l0 0 N Cr)" Cr) N Ol ildren's Services Q U L • • • c W L CO 1I1 B. n N Ln N 00 r-I N N in- l0 00 00 r-I -cn- 00 Ol 00 0 00 l0 00 Ol N m ui -cn- �o 0 N } LL 00 Cr) l0 r-I l0 l0 0 O 00 l0 ui N r-I 0 N } LL N 00 N Ol m r-I r-I Cr) O r-I N Ol N 00 Ol 00 r-I 0 N } LL l0 rn m N N l0 0 N O N r-I N 0 l0 N l0 Ol rn r-I 0 N } LL Cr) Ln rn rn N N 00 Ln r-I Ln N 00 l0 00 00 N N r-I N N m N 00 00 0 Ln l0 0 N m m N Ol Ol r-I O N N N 0 N } LL N U (7/3 LL N V) 0 N L N 0 N L :- : B. anc- c LL N m Ni" LD 00 m r-I r-I 4-1 Ol N N N N N 00 rn 0 l0 N N N m m N m m r-I 0 LID 0 r-I N 00 Ni" Ol l0 r-I E co U CC —o N 0 Q N CC 0 U 0 N U c6 c6 N C6 U N N —o X W N Q3 �U 0 0 u_ • 0 U C O c N l0 N rl N if)- 0 N 201,038,851 if)- 00 N m l0 m N iJ)- 'ral Government' Co Ol N m O 0 0 oo 00 L!i rl N inal Justice Academy l0 m N 0 rl l0 00 m m 00 00 N L!i rl Service Center N N m L!i N 00 00 l0 Ol rl 00 CNI mation Technology CV O O O rnunications Shop2 00 N. m Ol m m m .gency Communications (ECC) N O m m N rl L!i l0 00 m ?ation Fee Class 00 ren's Services Act3 N 0 0 0 U C 0 0 c . ? 0J U i co co CO c 3 LL GJ U co o co U m •— a a 3 LL M d- M % —I M 00 01 M Lfis 00 01 iJ)- O in O l0 N % -1 % -I M d- N l0 0 0 N. 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ITEM NO. P.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 21, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Work session on to discuss American Rescue Plan Funds with the Board of Supervisors Rebecca Owens Assistant County Administrator Daniel R. O'Donnell County Administrator This time has been set aside to discuss American Rescue Plan Funds with the Board of Supervisors. Page 1 of 1 a r O(N O Q c\1 N a_ jfl U E (al 3 0 ce a cO N U -a c a) cy) ,r Review of American Rescue Plan Act (ARPA) Eligible Uses of Recovery Funds 0 co V Revenue Loss Ca (/) a 'o Cr) O O •— U .= 2— —IO U= v, a .m 63 .= U p D� }, O E3 - +., +, O 0 Ce .N WC O , +.a U •+� co E 0 O OC +a }, -C c CO0 CU 0 -I- J -()- c aL. • - aO cC5 z O U -0 E = Ec > (i Q cc 0 O o _ • 0 U . 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