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HomeMy WebLinkAbout10/11/2022 - Regular Roanoke County Board of Supervisors October 11, 2022 INVOCATION: BAPS Sanstha BAPS Temple Salem, Virginia PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: tart 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 Page 1 of 4 Roanoke County Board of Supervisors Agenda October 11, 2022 Good afternoon and welcome to our meeting for October 11, 2022. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Sunday from 10:00 a.m. until 5 p.m. Board of Supervisors meetings can also be viewed online through Roanoke Cou website at www.RoanokeCountyVA.gov. Our meetings are closed-captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. FIRST READING OF ORDINANCES 1. Ordinance Amending Chapter 2 (Administration), Article V (County Board Organization and Procedures), Section 2-113 (Order of business), deleting the separate consent agenda for requests for public hearings and first reading of rezoning ordinances (Peter S. Lubeck, County Attorney) D. SECOND READING OF ORDINANCES 1. Ordinance accepting and appropriating $290,700 and further appropriating $75,000 of Capital Fund Reserves, for the purchase of approximately 56 acres to expand public access to Read Mountain Preserve, Hollins Magisterial District (Lindsay Webb, Parks Planning and Development Manager) Page 2 of 4 E. APPOINTMENTS 1. Roanoke County Board of Zoning Appeals (BZA) (appointed by District) 2. Roanoke County Economic Development Authority (EDA) (appointed by District) 3. Roanoke County Library Board (appointed by District) 4. Roanoke County Parks, Recreation and Tourism Advisory Commission (appointed by District) F. 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 14, 2022 2. Resolution authorizing the use of competitive negotiation in the procurement of professional services for the construction of the proposed Bonsack fire station, pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 3. Request to approve holiday schedule for calendar year 2023 4. Resolution granting a waiver to Hollins University under Section 13-23 of the e II. Noise of Chapter 13. Offenses Miscellaneous 5. Request to accept and allocate grant funds in the amount of $31,528.23 from the U. S. Department of Justice's Bulletproof Vest Partnership to the Roanoke County Police Department 6. Ordinance accepting and appropriating funds in the amount of $241,531 from the Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance Program, and authorizing the use of such funds to acquire property located at 915 Clearwater Avenue, Roanoke, Virginia 24019 (TAX PARCEL NO. 027.13- 06-39.00-0000), Hollins Magisterial District (First reading of Ordinance) 7. Ordinance approving a site and ground lease with Seiontec Systems, LLC for placement of broadband equipment on Crowells Gap antenna (First Reading of Ordinance) G. CITIZENS' COMMENTS AND COMMUNICATIONS Page 3 of 4 H. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of August 30, 2022 I. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. P. Jason Peters 2. Martha B. Hooker 3. Phil C. North 4. David F. Radford 5. Paul M. Mahoney J. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711(A)(7) - to consult with legal counsel regarding probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. Legal counsel has a reasonable basis to believe that litigation may be commenced against the County by a known party K. CERTIFICATION RESOLUTION L. ADJOURNMENT Page 4 of 4 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: October 11, 2022 AGENDA ITEM: Ordinance Amending Chapter 2 (Administration), Article V (County Board Organization and Procedures), Section 2-113 (Order of business), deleting the separate consent agenda for requests for public hearings and first reading of rezoning ordinances SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Amend County Code Section 2-113, Order of business, to allow rezoning consent agenda matters to be included on agendas with other consent agenda matters BACKGROUND: Section 2-113 of the Roanoke County Code sets forth the "order of business" for Board of Supervisor meetings, by setting forth the sequence of business matters. Section 2- 113 designates two separate "consent agendas" -- one for requests for rezoning matters and one for all other matters. DISCUSSION: It has been proposed that, for the sake of efficiency, that the separate consent agenda for rezoning matters be deleted from the order of business; accordingly, all consent agenda matters (including rezoning matters) may be addressed together. FISCAL IMPACT: There is no fiscal impact associated with this action. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends approving the first reading of this matter and setting the second reading and public hearing for October 25, 2022. 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, OCTOBER 11, 2022 ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION), ARTICLE V (COUNTY BOARD ORGANIZATION AND PROCEDURES),SECTION 2-113 (ORDER OF BUSINESS), DELETING THE SEPARTE CONSENT AGENDA FOR REQUESTS FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES WHEREAS, Section 2-113 of the Roanoke County Code sets forth the “order of business” for Board of Supervisor meetings, by setting forth the sequence of business matters; and WHEREAS, Section 2-113 designates two separate “consent agendas”: one for requests for rezoning matters and one for all other matters; and WHEREAS, it has been proposed, for the sake of efficiency, that the separate consent agenda for rezoning matters be deleted from the order of business; accordingly, all consent agenda matters (including rezoning matters) may be addressed together; and WHEREAS, the first reading of this matter was held on October 11, 2022, and the second reading and public hearing were held on October 25, 2022. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows, 1. That Chapter 2 (Administration), Article V (County Board Organization and Procedures), Section 2-113 (Order of business), is hereby amended to delete the business item of “Request for public hearings and first reading of rezoning ordinance-consent agenda”; all other items of business shall remain unchanged. Page 1of 2 2.That this amendment shall be effective immediately. Page 2of 2 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 11, 2022 AGENDA ITEM: Ordinance accepting and appropriating $290,700 and further appropriating $75,000 of Capital Fund Reserves, for the purchase of approximately 56 acres to expand public access to Read Mountain Preserve, Hollins Magisterial District SUBMITTED BY: Lindsay B. Webb Parks Planning and Development Manager APPROVED BY: Richard L. Caywood County Administrator ISSUE: Roanoke County staff recommends that the Board accept and appropriate $150,000 from the Virginia Outdoors Foundation, $140,700 from the Pathfinders for Greenways, and that the Board further appropriate $75,000 of Roanoke County capital fund reserves for the purchase of approximately 56 acres for the expansion of Read Mountain Preserve in the Hollins Magisterial District. BACKGROUND: Read Mountain Preserve became a 243-acre park in 2008 as a result of citizen-initiated efforts to preserve the forested open space and viewshed from development. The Preserve was originally comprised of two (2) conservation easements held by the Blue Ridge Land Conservancy (formerly the Western Virginia Land Trust) and the Virginia land development. The Preserve was expanded in 2020 when Roanoke County acquired an additional 304 acres of forested land for open space and outdoor recreation with funding provided through the VOF Forest CORE Program. The top of the ridge, Buzzards Rock, and the northern face of Read Mountain were largely in the hands of the Andrews' descendants, the family which has held the property for generations. Roanoke County has worked cooperatively with the heirs to preserve the mountain, and the family is now supportive of expanding the Preserve further north and providing public access to Old Mountain Road (State Road 605). Page 1 of 4 The current 547-acre Preserve is forested with the exception of a trailhead parking lot and a park access road on the south side of Read Mountain, over five (5) miles of natural surface trails, and unimproved access roads that serve for emergency and maintenance. The land is steep, with many rock outcrops, but also has perennial streams and large cove hardwoods. Read Mountain is in the viewshed of both the Appalachian National Scenic Trail and the Blue Ridge Parkway. The Great Wagon Road ran down Old Mountain Road and the area still has many historic sites, such as Monterey and Bellvue. There are three (3) parcels located adjacent to Read Mountain Preserve and Old Mountain Road, identified as Roanoke County Tax Parcel IDs: 028.00-01-07.00-0000, 028.03-01-22.00-0000, and 039.01-01-46.00-0000. The owners of these parcels have signed a willingness letter and agreed to sell an approximate 56-acre portion of these parcels to Roanoke County in the amount of $325,000, which is based off of a 2022 Restricted Use Appraisal. The upper slope of the property connects directly to the Read Mountain Preserve. This additional property will help protect the upper slopes of the northwestern facing side of the mountain from future residential development. The only portion of the property that is not forested is an existing power line corridor, which will serve as the lower property boundary demarcation. The lower slopes of the property were a former apple orchard and are currently being farmed. Roanoke County plans to use the 56-acre property to expand Read Mountain Preserve for passive recreation (i.e., hiking trails, bird watching, environmental education, etc.) and provide public access to Old Mountain Road with a trailhead parking lot, access road and amenities such as kiosks, signs, and fencing. With the development of trail access on the north-side of the Preserve, the public will be able to hike more directly to Buzzards Rock, the most prominent land feature on the property. Roanoke County has prepared a preliminary site plan that includes the proposed subdivision of the three (3) subject parcels and a site distance evaluation that has been supported by the Virginia Department of Transportation (VDOT) for a parking lot entrance on Old Mountain Road. The site plan includes a 24-foot access road, temporary construction easements, and a parking lot. Roanoke County staff submitted a Virginia Outdoors Foundation (VOF) Preservation Trust Fund-Public Access (PTF) Program grant application in March of 2022 requesting funding for acquisition of the 56 acres. The total project cost estimate for acquisition of the subject property and associated due diligence items such as surveying, plat preparation, title reports, environmental assessments and an updated appraisal is $365,700. The Pathfinders for Greenways agreed to provide a match in the amount of $90,000 in support of the land acquisition, which reduced the PTF grant application request submitted by Roanoke County to $275,700. Page 2 of 4 DISCUSSION: Roanoke County was awarded partial VOF PTF funding in the amount of $150,000 on June 30, 2022, pursuant to terms and conditions that are outlined in a Grant Agreement attached to this report. The project period begins on August 2, 2022 and terminates on August 2, 2024. The 56 acres proposed for acquisition shall be conveyed to Roanoke County with a permanent right of public access and designated as open-space in accordance with §10.1-1700 and §10.1-1801.1 of the Code of Virginia (1950), as amended. Following funding appropriation by the Board of Supervisors, staff will proceed with execution of the VOF PTF Program Grant Agreement and procurement of professional services for the due diligence items including: a. A survey of the property prepared by a Virginia licensed surveyor or professional engineer, preferable in digital form, depicting the metes and bounds of the property unless VOF determines that an adequate legal description of the Property is available. b. A Phase I Environmental Site Assessment prepared within six (6) months of closing shall be provided. c. Final old showing title vested in the seller of the properties and that upon closing of the purchase transactions, Roanoke County will hold an unencumbered fee simple interest in the property (subject to easements and other encumbrances of record acceptable to VOF). d. Verification of eligible expenditures related to property acquisition at closing and shown on a settlement statement, including, but not limited to survey fees, appraisal fees, legal fees including title reports and insurance, required reports and recordation fees. These services will be performed to the satisfaction of County and VOF requirements in advance of a real estate closing and recordation of a deed of conveyance, which will be presented to the Board of Supervisors for consideration and authorization at a later date. There have been no changes since the first reading held on September 28, 2022. FISCAL IMPACT: The total anticipated project costs for acquisition of the property and the due diligence items required to fulfill the terms of the grant agreement is $365,700. The VOF PTF Program provides a partial grant funding award of $150,000, and the Pathfinders for Greenways have committed $90,000 in private donations and up to $50,700 from general funds. Roanoke County staff are recommending the appropriation of $75,000 from Capital Fund Reserves to fulfill the outstanding balance. Page 3 of 4 The VOF PTF grant funds distributed shall not exceed the approved appraised value of the property acquired, plus eligible due diligence costs incurred not to exceed the total grant amount of $150,000. Funding will be dispersed from the VOF and Pathfinders for Greenways after interest in the real estate has been conveyed to Roanoke County and reimbursement requests are submitted. Following acquisition of the property, Roanoke County will develop a site plan to include development of a trailhead parking lot, access road, stormwater features, and trails. Funding for the public access improvements will be determined at a future date, but staff intend to apply for additional grant funds. Roanoke County anticipates project completion by 2025. STAFF RECOMMENDATION: Staff recommends approval of the ordinance. Page 4 of 4 Proposed 56-Acre Land Acquisition Existing 5-Mile Trail System I Access Road Read Mountain Preserve 100 Acre Streams Jurisdictions VOF Conservation Easement 028.00-01-07.00-0000 028.03-01-22.00-0000 VOF Conservation Easement 039.01-01-46.00-0000 Blue Ridge Land Conservancy Conservation Easement 1 inch = 1,238 feet 04358701,740 RoanokeCity Virginia Geographic Information Network (VGIN), Roanoke County, Va 2021, Feet Roanoke County 2018 Read Mountain Preserve North Expansion 2022Preservation Trust Fund Grant Application Date: 3/10/2022 June 30, 2022 Lindsay Webb Roanoke County Parks, Recreation and Tourism 1206 Kessler Mill Road Salem, VA 24153 Greetings, The Virginia Outdoors Foundation(VOF)is pleased to award your proposal, Read Mountain Preserve, North Expansion, submitted to the Preservation Trust Fund-Public Access Program, a grant award of$150,000. This project will permanently protect land for public use and enjoyment. A grant agreement will be sent for review and signature within the month. VOF recognizes the merit of access to open space for all citizens, and the funded project will result in this goal. VOF is glad to support Roanoke County Parks, Recreation and Tourism in the pursuit to make outdoor space more accessible for all. Warmest regards, Emily White Conservation Grant Program Manager Preservation Trust Fund Program Requirements Land Acquisition & Protection Required Documents Prior to Fund Disbursement: 1. A boundary survey of the property prepared by a Virginia licensed surveyor or professional engineer, preferable in digital form, depicting the metes and bounds of the property unless VOF determines that an adequate legal description of the Property is available. 2. Copies of title work showing grantor’s fee simple interest in the property and/or a title insurance policy showing title vested in the grantor as well as any easements, rights, and other encumbrances of record acceptable to VOF. 3. A Phase I Environmental Site Assessment prepared within six months of closing shall be provided. 4. A copy of the draft deed, or the recorded deed, the form of which has been approved by VOF. The property interest must be held by VOF or a locality as defined in Virginia Code §10.1-1700 The property interest must be dedicated in perpetuity as open-space land under the Open-Space Land Act (Virginia Code §§ 10.1-1700 to 10.1-1705). The deed must include the following recitals: Pursuant to Chapter 18, Title 10.1, Section 10.1-1801.1 the Virginia Outdoors Foundation (VOF) has provided an Open-Space Lands Preservation Trust Fund Grant in the amount of $___________ to Grantee for the protection and enhancement of open space, as more fully described in the Virginia Outdoors Foundation Open-Space Lands Preservation Trust Fund Grant Agreement attached hereto as Exhibit A. When there is acquisitionof a property interest by a locality: o Grantor is conveying the described property (the “Property”) to Grantee to be retained and used by Grantee in perpetuity as open-space land pursuant to Chapter 17, Title 10.1, Section 10.1-1701 of the Code of Virginia (1950), as amended. OR o When property interest is already held by a locality: o Grantor is dedicating the described property (the “Property”) to be retained and used in perpetuity as open-space land pursuant to Chapter 17, Title 10.1, Section 10.1-1701 of the Code of Virginia (1950), as amended. The deed must include the following restrictions to be imposed in perpetuity: o A right of public access o A conversion/diversion clause The deed may include the following restrictions to be imposed in perpetuity: o No division o Only structures allowed are those that enable public use and enjoyment. Impervious surface will be limited/capped. 10% of property is average cap. o A clause in which VOF must agree that the determination of the public body to convert/divert the public land has met all the requirements of 10.1-1704. 5. Verification of eligible expenditures including, but not limited to: appraisals, settlement statements, copies of invoices, cancelled checks (both sides), survey fees, appraisal fees, legal fees including title reports and insurance, and recordation fees, etc. 6. Contact information for the settlement agent who will be receiving the grant funds for closing and a W-9 for that company at least two weeks before the desired closing date. VIRGINIA OUTDOORS FOUNDATION OPEN SPACE LANDS PRESERVATION TRUST FUND-PUBLIC ACCESS GRANT AGREEMENT Grant Recipient: Roanoke County Parks, Recreation and Tourism Project Title: Read Mountain Preserve, North Expansion Approval Date: June 30, 2022 Project Number: PTFPA2022-016 Project Period: August 2, 2022-August 2, 2024 Project Description: Read Mountain Preserve, North Expansion, is focused on the acquisition of 56 acres of land adjacent to the 547-acre Read Mountain Preserve in Roanoke County. The existing preserve has three conservation and open space easements protecting the natural environment, but only one limited public access point. This potential addition will allow for direct public access from a VDOT road, a future trailhead on the northern slope of the mountain, and further provide a buffer from development. Location: 37.33428, -79.91778 Roanoke County, VA Grant Amount: $150,000.00 (Exhibit A, budget attached) The Roanoke County Parks, Recreation and Tourism, in consideration of the grant funds in the amount of $150,000.00 being provided to it pursuant to this agreement by VOF, agrees to comply to the following terms and conditions: GRANT POLICIES Scope of Work 1. The following deliverables are included in the grant agreement and are expected to be completed within the grant lifespan: Acquisition of 56 acres of land, Roanoke County Parcel IDs: 028.03-01-22.00, 039.01- 01-46.00, and 28.00-01-07.00 Conveyance to the Virginia Outdoors Foundation (VOF) or a locality of a right, interest, or privilege that that will protect, in accordance with Virginia Code § 10.1-1801.1 and § 10.1-1700, approximately 56acres of open space. Such right, interest, or privilege shall also convey a permanent right of public access to the property. 2. Any variance from the listed scope of work and deliverables must be approved by VOF. Schedule 3. All components listed above must be completed by August 2, 2024. 4. If no significant progress has been made after the first year of the contract, the grant agreement may be nullified, and funds reassigned. 5. In the case of land acquisition, the land acquisition must be completed before any investment in infrastructure or improvements is made. 1 Funding 6. Grant funds distributed shall not exceed eligible documented costs incurred, not to exceed the total grant amount of $150,000.00. 7. Funding may be disbursed only once a real estate interest has been conveyed to VOF or a locality, such as the recordation of an open space easement, the dedication of land to open space, or another mechanism approved by VOF. 8. In the case of land acquisition using grant funds, verification of purchase price is required. Acceptable forms of verification include a settlement statement or deed of conveyance. 9. The general budget is a guide for expenditure. Funds from any item category may be reallocated toward other deliverables in the grant agreement as long as there is no impact to the scope of work. The grant recipient should inform VOF regarding line-item changes greater than 5% of the total award. 10. The parties understand that the grant funding hereunder may be subject to rescission by the Virginia General Assembly. In such event, VOF shall have the right to cancel this Agreement without liability thereon. In the Case of Land Acquisition 11. The recordable deed of conveyance, executed on behalf of the grant recipient, must be previously approved in form and substance by VOF. See Land Protection section below, which must follow acquisition or occur at the time of closing. 12. Should land be acquired using PTF grant funds, the following due diligence items must be provided: a. A survey of the property prepared by a Virginia licensed surveyor or professional engineer, preferable in digital form, depicting the metes and bounds of the property unless VOF determines that an adequate legal description of the Property is available. b. A Phase I Environmental Site Assessment prepared within six months of closing shall be provided. c. Final policy or commitment for owner’s title insurance less than ninety (90) days old showing title vested in the seller of the properties and that upon closing of the purchase transactions, Roanoke County Parks, Recreation and Tourism will hold an unencumbered fee simple interest in the property (subject to easements and other encumbrances of record acceptable to VOF). d. Verification of eligible expenditures related to property acquisition at closing and shown on settlement statement, including, but not limited to survey fees, appraisal fees, legal fees including title reports and insurance, required reports, and recordation fees. 13. Roanoke County Parks, Recreation and Tourism must provide contact information to the settlement agent who will be receiving the grant funds for closing and must also provide a W-9 for that company at least two weeks before the desired closing date. 14. Roanoke County Parks, Recreation and Tourismshall work closely with VOF to set up all property closings and must contact VOF at least one month before the desired closing date to ensure that VOF will have sufficient funds available to meet the funding obligations created hereunder. 2 15. Roanoke County Parks, Recreation and Tourism must provide copies of all recorded deeds of transfer, open space easements, and right-of-way or trail easements for which VOF monies have been awarded, showing the locality, deed book, page of recordation, and/or instrument number to VOF no later than one month after recordation. Land Protection 16. A recordable legal instrument reflecting the conveyance of a real estate right, interest, or privilege, such as deed of Open-Space dedication or easement executed on behalf of Grant Recipient, must be previously approved in form and substance by VOF. See Exhibit B: Sample Deed Language for example language that may be included. 17. If the property is being purchased by or is already owned by VOF or a locality, the deed must designate such property as open-space land in accordance with the Open-Space Land Act (Va. Code § 10.1-1700 et seq.) including Section 10.1-1701 of the Code of Virginia (1950), as amended. The deed shall include a right of public access and any other restrictions that pertain. 18. If the property is being purchased by or is already owned by any entity other than VOF or a locality, the deed must designate such property as open-space land in accordance with the Open-Space Land Act (Va. Code § 10.1-1700 et seq.) including Section 10.1-1701 of the Code of Virginia (1950), as amended and the restrictions outlined below shall be imposed in perpetuity by enforceable restrictions set forth in the deed of conveyance or by restrictions set forth in a deed of easement or other instrument to be granted to VOF or a locality. The decision of whether deed restrictions, a deed of easement or some other instrument thereof shall be used shall be determined by VOF. a. A right of public access b. A conversion/diversion clause 19. Roanoke County Parks, Recreation and Tourism must provide the following due diligence: a. A survey of the property prepared by a Virginia licensed surveyor or professional engineer, preferable in digital form, depicting the metes and bounds of the property unless VOF determines that an adequate legal description of the Property is available. b. Copies of title work showing grantor’s fee simple interest in the property and/or a title insurance policy showing title vested in the grantor as well as any easements, rights, and other encumbrances of record acceptable to VOF. 20. Roanoke County Parks, Recreation and Tourism must provide contact information to the settlement agent who will be receiving the grant funds for closing and must also provide a W-9 for that company at least two weeks before the desired closing date. 21. Roanoke County Parks, Recreation and Tourism shall work closely with VOF to set up all property closings and must contact VOF at least one month before the desired closing date to ensure that VOF will have sufficient funds available to meet the funding obligations created hereunder. 22. Roanoke County Parks, Recreation and Tourism must provide copies of all recorded deeds of transfer, open space easements, and right-of-way or trail easements for which VOF monies have been awarded, showing the locality, deed book, page of recordation, and/or instrument number to VOF no later than one month after recordation. 3 Reporting 23. Progress reports are required throughout the lifespan of the grant. Reports should be submitted every six months following the signing of the grant agreement. Reports should be submitted through the VOF standardized process. Additionally, a final report is due upon completion of the project. Photo documentation should be included when appropriate. Media and Publicity 24. The grant recipient will release information to the media informing the community of the grant award to the project and acknowledging that it has received funding from VOF. 25. All press releases and other printed materials and publications, audiovisuals, and signs pertaining to the project should reference the Virginia Outdoors Foundation or include the VOF logo. VOF staff is available to assist with drafting and distributing press releases by request. Please contact Jason McGarvey, communications manager, at jmcgarvey@vof.org to coordinate. 26. Each project site will be permanently marked with a VOF sign or signs (as appropriate) in locations reasonably selected or approved by VOF. VOF shall provide such signs at no cost to the property owner. In cases where there are multiple funders this requirement may be fulfilled by including VOF on the sign acknowledging all funding sources. 27. All material submitted as support or documentation of project progress, such as photographs, may be used by VOF to promote the grant program. Any VOF publications will cite the source of the reprinted material. These records will also be deemed public records and subject to Virginia’s Freedom of Information Act; however, copyright holders will retain their copyrights. Contract Authority 28. Modification of this Agreement must be in a writing executed by the parties hereto. 29. The interpretation and performance of this Agreement shall be in accordance with the laws of the Commonwealth of Virginia. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby. 30. Roanoke County Parks, Recreation and Tourism shall hold the Commonwealth of Virginia harmless from all legal liability under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. §§ 9601 et seq., together with any other federal, state or local law or ordinance related to hazardous substances or hazardous waste. 31. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors. 32. The individuals executing this Agreement on behalf of VOF and Roanoke County Parks, Recreation and Tourism possess all necessary power and authority to bind the parties hereto and, upon execution, this Agreement shall constitute a legal and valid obligation of the parties hereto. 4 Termination: 33. VOF reserves the right to reclaim grant funds, or properties purchased with grant funds, or to nullify the grant agreement if recipient fails to meet land transfer deadlines, obtain appropriate open space protection, or provide required documentation regardless of transfer of ownership. Specifically, if no significant progress has been made at the one-year review of the project, the grant agreement may be nullified. In witness whereof, the parties hereto have executed this contractual agreement as of the dates entered below. Virginia Outdoors Foundation By: Date: ___________________________ Leslie Grayson, Deputy Director Grant Recipient, Roanoke County Parks, Recreation and Tourism: By: Date: ___________________________ \[Signature\] Please print name here: Title: 5 VIRGINIA OUTDOORS FOUNDATION PRESERVATION TRUST FUND-PUBLIC ACCESS PROGRAM Exhibit A: General Budget Grant Recipient: Roanoke County Parks, Recreation and Tourism Project Title: Read Mountain Preserve, North Expansion Project Number: PTFPA2022-016 Grant Amount: $150,000 ITEMEXPENSE Acquisition and permanent protection of approximately 56 acres of land, Roanoke County Parcel IDs: 028.03-01-22.00, 039.01-01-46.00, and 28.00-01-07.00 as open $150,000.00 space including associated due diligence costs Total $150,000.00 General budget is a guide for expenditure. Funds from any item category may be reallocated toward other deliverables in the grant agreement as long as there is no impact to the scope of work. Grant recipient should inform VOF regarding line-item changes greater than 5% of the total award. Grant funds distributed shall not exceed eligible documented costs incurred, not to exceed the total grant amount of $150,000. Funding may be disbursed only once a real estate interest has been conveyed to VOF or a locality, such as the recordation of an open space easement, the dedication of land to open space, or another mechanism approved by VOF. Preservation Trust Fund-Public Access Program Grant Agreement Exhibit B: Sample Deed Language A draft deed must be approved by VOF and meet the following requirements: The property interest, the form of which may be determined by VOF, must be held by VOF or a locality as specified in Virginia Code §10.1-1801.1. The property interest must be dedicated in perpetuity as open-space land under the Open- Space Land Act (Virginia Code §§ 10.1-1700 to 10.1-1705). The grant agreement must be recorded as an exhibit to the deed. Recitals: Pursuant to Chapter 18, Title 10.1, Section 10.1-1801.1 the Virginia Outdoors Foundation (VOF) has provided an Open-Space Lands Preservation Trust Fund Grant in the amount of $___________ to Grantee for the protection and enhancement of public open space, as more fully described in the Virginia Outdoors Foundation Open-Space Lands Preservation Trust Fund-Public Access Grant Agreement attached hereto as Exhibit A. When there is acquisitionof a property interest by a locality: o Grantor is conveying the described property (the “Property”) to Grantee to be retained and used by Grantee in perpetuity as open-space land pursuant to Chapter 17, Title 10.1, Section 10.1-1701 of the Code of Virginia (1950), as amended. OR When property interest is already held by a locality: o Grantor is dedicating the described property (the “Property”) to be retained and used in perpetuity as open-space land pursuant to Chapter 17, Title 10.1, Section 10.1-1701 of the Code of Virginia (1950), as amended. Designation: The owner/public body/grantee hereby designates the Property to be retained and used in perpetuity as open-space land to Chapter 17, Title 10.1, Section 10.1-1701 of the Code of Virginia (1950) as amended. Restrictions: The deed must include the following restrictions to be imposed in perpetuity: o A right of public access o A conversion/diversion clause No part of the Property may be converted or diverted from its open-space use unless such conversion or diversion is determined by the owner/public body to be in compliance with the provisions of Section 10.1-1704 of the Open-Space Land Act. The deed may include the following restrictions to be imposed in perpetuity: o No division o Only structures allowed are those that support public use of the property. Impervious surface will be limited/capped. 10% of property is average cap. o A clause in which VOF must agree that the determination of the public body to convert/divert the public land has met all the requirements of 10.1-1704, such as: No part of the Property may be converted or diverted from its open-space use unless such conversion or diversion is determined by VOF to be in compliance with the provisions of Section 10.1-1704 of the Open-Space Land Act. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 11, 2022 ORDINANCE ACCEPTING AND APPROPRIATING $290,700, AND FURTHER APPROPRIATING $75,000 OF CAPITAL FUND RESERVES, FOR THE PURCHASE OF APPROXIMATELY 56 ACRES TO EXPAND PUBLIC ACCESS TO READ MOUNTAIN PRESERVE, HOLLINS MAGISTERIAL DISTRICT protect land in perpetuity and expand public access for outdoor recreation; and WHEREAS, the VOF has awarded Roanoke County $150,000 in grant funding from the Preservation Trust Fund-Public Access Program for the purchase of approximately fifty-six (56) acres of real property, identified as portions of Roanoke County Tax Map Numbers 028.00-01-07.00-0000, 028.03-01-22.00-0000, and 039.01- 01-46.00-0000, for the expansion of Read Mountain Preserve to provide public access from Old Mountain Road (State Road 605); and WHEREAS, the landowners have signed a letter of willingness to sell a portion of the three parcels totaling approximately fifty-six (56) acres of real property to Roanoke County; and WHEREAS, the Pathfinders for Greenways, a 501(c)(3) non-profit charitable organization has a mission of preserving and promoting greenways and trails in the Roanoke Valley; and WHEREAS, the Pathfinders for Greenways has committed up to $50,700 from their general funds and $90,000 from two private donations to help Roanoke County secure the acquisition of the above-referenced real property; and Page 1 of 3 WHEREAS, the Roanoke County Comprehensive Plan encourages the acquisition of land for expansion of parks and supports the development of trails; and WHEREAS, the future acquisition of the above-noted property will be owned and maintained by Roanoke County for outdoor recreation and open-space in perpetuity for year-round public access; and WHEREAS, in accordance with the VOF PTF program requirements, the property shall be conveyed to Roanoke County with a permanent right of public access and designated as open-space in accordance with §10.1-1700 and §10.1-1801.1 of the Code of Virginia (1950), as amended; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on September 28, 2022, and the second reading was held on October 11, 2022. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $150,000 is hereby accepted from the Virginia Outdoors Foundation Preservation Trust Fund-Public Access Program and appropriated fund for the purpose of purchasing the above-referenced real property for the expansion of Read Mountain Preserve to provide public access to Old Mountain Road (State Road 605). 2. That the sum of $90,000 in private donations is hereby accepted from the Pathfinders for Greenways and appropriated to the fund for the purpose of purchasing the above-referenced real property for the Page 2 of 3 expansion of Read Mountain Preserve to provide public access to Old Mountain Road (State Road 605). 3. That the sum of $50,700 in general funds is hereby accepted from the Pathfinders for Greenways for the purposes of purchasing the above- referenced real property for the expansion of Read Mountain Preserve to provide public access to Old Mountain Road (State Road 605). 4. That the sum of $75,000 is hereby appropriated from the Roanoke County capital fund reserves for the purpose of purchasing the above-referenced real property for the expansion of Read Mountain Preserve to provide public access to Old Mountain Road (State Road 605). 5. That these appropriations designated for the expansion of Read Mountain Preserve will not lapse at the end of the fiscal year, and shall remain appropriated until the completion of the above-referenced project. 6. That the County Administrator, Deputy County Administrator, or Assistant County Administrator are hereby authorized to execute such documents and to take such actions on behalf of Roanoke County in this matter as are necessary to accomplish this appropriation. 7. That this ordinance is to be in full force and effect upon its passage. Page 3 of 3 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: October 11, 2022 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Open district appointments BACKGROUND: 1. Roanoke County Board of Zoning Appeals: s five (5) year term representing the Windsor Hills Magisterial District expired June 30, 2022. 2. Roanoke County Economic Development Authority (EDA)(appointed by District): -year term on the EDA expired on September 26, 2021 and he does not wish to be reappointed. 3. Roanoke County Library Board (appointed by District): The following District appointments remain open: Vinton Magisterial District 4. Roanoke County Parks, Recreation and Tourism Advisory Commission (appointed by District): Page 1 of 2 The following appointments remain open: June 30, 2019. Rich Tomlinson's three (3) year term representing the Vinton Magisterial District 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, OCTOBER 11, 2022 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM F- 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 October 11, 2022, designated as Item F - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Approval of minutes – June 14, 2022 2.Resolution authorizing the use of competitive negotiation in the procurement of professional services for the construction of the proposed Bonsack fire station, pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 3. Request to approve holiday schedule for calendar year 2023 4. 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 5. Request to accept and allocate grant funds in the amount of $31,528.23 from the U. S. Department of Justice's Bulletproof Vest Partnership to the Roanoke County Police Department 6. Ordinance accepting and appropriating funds in the amount of $241,531 from the Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance Program, and authorizing the use of such funds to acquire property located at 915 Clearwater Avenue, Roanoke, Virginia 24019 (TAX PARCEL NO. 027.13-06-39.00-0000), Hollins Magisterial District (First reading of Ordinance) 7. Ordinance approving a site and ground lease with Seiontec Systems, LLC for placement of broadband equipment on Crowells Gap antenna (First reading of Ordinance) Page 1of 1 ACTION NO. ITEM NO. F.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 11, 2022 AGENDA ITEM: Resolution authorizing the use of competitive negotiation in the procurement of professional services for the construction of the proposed Bonsack fire station, pursuant to the Public- Private Education Facilities and Infrastructure Act of 2002 SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Board of Supervisors' determination of procurement procedures for construction of proposed the Bonsack Fire Station, pursuant to the County's Public-Private Education Facilities and Infrastructure Act of 2002, as revised January 2021. BACKGROUND & DISCUSSION: - Priavte Education Facilties and Infrastructure Act (PPEA)) was issued for the construction of a new County fire station which will be located at 1465 Mexico Way, NE in the City of Roanoke (the "Bonsack Fire Station"). Two proposals were received. the initial stage revi completion of a project. Insofar as the proposals predominantly involve professional services (as defined in Section 2.2-4301 of the Code of Virginia), it would be proper and lawful to use the procurement process of "competitive negotiation" for professional services (as set forth in Section 2.2-4302.2(A)(4) of the Code of Virginia). Page 1 of 2 FISCAL IMPACT: There is no fiscal impact assiciated with this determination by the Board. STAFF RECOMMENDATION: Staff recommends the adoption of this 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, OCTOBER 11, 2022 RESOLUTION AUTHORIZING THE USE OF COMPETITIVE NEGOTIATIONIN THE PROCURMENT OF PROFESSIONAL SERVICES FOR THE CONSTRUCTION OF THE PROPOSED BONSACK FIRE STATION, PURSUANT TO THE PUBLIC-PRIVATE EDUCATIONAL FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, at the County Administrator’s direction, a request for proposals (pursuant to the Public-Private Education Facilities and Infrastructure Act (PPEA) was issued for the construction of a new County fire station which will be located at 1465 Mexico Way, NE in the City of Roanoke; and WHEREAS, the County’s PPEA Guidelines (as revised January 2021), state that “The Board of Supervisors will determine at the initial stage review” the process that will be used in procuring services for completion of a project; and WHEREAS, insofar as the proposals predominantly involve professional services (as defined in Section 2.2-4301 of the Code of Virginia), it would be proper and lawful to use the procurement process of “competitive negotiation” for professional services (as set forth in Section 2.2-4302.2(A)(4) of the Code of Virginia. NOW, THEREFORE, BE IT RESOVLED by the Board of Supervisors of Roanoke County, that the Board directs the County’s Purchasing Division Director and other appropriate County staff to use the procurement process of competitive negotiation for professional services in regards to above-mentioned project. Page 1of 1 ACTION NO. ITEM NO. F.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 11, 2022 AGENDA ITEM: Request to approve holiday schedule for calendar year 2023 SUBMITTED BY: Richard L. Caywood County Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: Approval of holiday schedule for calendar year 2023 BACKGROUND: The Roanoke County handbook includes guidelines for the holiday schedule. This schedule includes 10 standard holidays where County offices will be closed and two (2) floating holidays in which County offices will remain open, but employees will be allotted time that they can use on the day itself, or at a later date. DISCUSSION: One unique feature for 2023 will be that Christmas Eve will be observed on Friday nd December 22 to allow for the proper amount of time for payroll to gather records and process everything on time for the next pay cycle. Below 2023 Holiday Schedule New Year's Day Sunday, January 1 {Observed Monday, January 2nd} Martin Luther King Monday, January 16th Day President's Day Monday, February 20th- {Floating Holiday} Memorial Day Monday, May 29th Juneteenth Monday, June 19th Page 1 of 2 Independence Day Tuesday, July 4th Labor Day Monday, September 4th Veteran's Day Saturday, November 11 - {Floating Holiday Observed Friday, November 10th} Thanksgiving Day Thursday, November 23rd Day After Friday, November 24th Thanksgiving Christmas Eve Sunday, December 24th {Observed Friday, December 22nd} Christmas Day Monday, December 25 FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends approval of the calendar year 2023 holiday schedule. Page 2 of 2 ACTION NO. ITEM NO. F.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 11, 2022 AGENDA ITEM: Resolution granting a waiver to Hollins University under Section 13-23 of the Roanoke County Code to the provisions 13. Offenses Miscellaneous SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Approval of a noise ordinance waiver for Hollins University per Section 13-23 of the Roanoke County Code. BACKGROUND: r Section 13-23 of the Roanoke County Code to allow for a formal dance event to be held on October 22, 2022, 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. STAFF RECOMMENDATION: Staff recommends that the Board consider the adoption of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 11, 2022 RESOLUTION GRANTING A WAIVER TO HOLLINS UNIVERSITY UNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE 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 22, 2022, ending at midnight on the grounds of the University; and WHEREAS, in order to accommodate the advertised time frame and to mitigate 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 22, 2022; 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 22, 2022. Page 1 of 2 2. That this Waiver is granted specifically to Hollins University for the events scheduled at the University on Saturday, October 22, 2022. Page 2 of 2 ACTION NO. ITEM NO. F.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 11, 2022 AGENDA ITEM: Request to accept and allocate grant funds in the amount of $31,528.23 from the U. S. Department of Justice's Bulletproof Vest Partnership to the Roanoke County Police Department SUBMITTED BY: Howard B. Hall Chief of Police APPROVED BY: Richard L. Caywood County Administrator ISSUE: Acceptance and allocation of $31,528.23 for the bulletproof vest partnership grant BACKGROUND: The Bulletproof Vest Partnership grant (BVP), created by the bulletproof vest partnership grant act of 1988 is a unique department of justice initiative designed to provide a critical resource to State and local law enforcement. Since 1999, the BVP program has awarded more than 13,000 jurisdictions a total of $548 million in federal funds for the purchase of over 1 million vests (1,490,930). FISCAL IMPACT: The total amount of the grant awarded is $31,528.23, which includes a fifty percent (50%) match. The U.S. Department of Justice grant funds total $15,764.12 and the County match of $15,764.11 was appropriated by the Board of Supervisors in the fiscal year 2022/2023 police department's budget. No additional appropriation of County funds is required. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds in the amount of Page 1 of 2 $31,528.23 to the police department from the U.S. Department of Justice's Bulletproof Vest Partnership. Page 2 of 2 ACTION NO. ITEM NO. F.6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 11, 2022 AGENDA ITEM: Ordinance accepting and appropriating funds in the amount of $241,531 from the Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance Program, and authorizing the use of such funds to acquire property located at 915 Clearwater Avenue, Roanoke, Virginia 24019 (TAX PARCEL NO. 027.13-06-39.00-0000), Hollins Magisterial District (First reading of Ordinance) SUBMITTED BY: Tarek Moneir Director of Development Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Request to accept and appropriate $241,531 from a FEMA Flood Mitigation Assistance Grant Program grant (#EMP-2020-FM-030-0003). BACKGROUND: The Flood Mitigation Assistance Program is a competitive grant program that provides funding to states, local communities, federally recognized tribes and territories for projects that reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood Insurance Program. eligibility and cost-effectiveness of the project. DISCUSSION: Roanoke County has two (2) residences that are insured under the National Flood Insurance Program that have experienced damages from multiple flooding events, and are classified, by FEMA, as Severe Repetitive Loss Structures. Page 1 of 2 loss structures. The property owner of one (1) of our severe repetitive loss structures has expressed interest in voluntarily participating in this FEMA funded program. Therefore, the County applied for grant funding to acquire this property. Roanoke County has received a grant from the FEMA Flood Mitigation Assistance Grant Program in the amount of $241,531. This grant will be used to purchase the property and demolish and remove the existing flood-prone structure. After demolition the property must be maintained, by the County, as undeveloped green space in perpetuity. FISCAL IMPACT: The FEMA Flood Mitigation Assistance Grant Program provides one hundred percent (100%) funding. No local matching funds are required. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling the second reading on October 25th, 2022. Page 2 of 2 COMMONWEALTH OF VIRGINIA Department of Emergency Management 9711 Farrar Court, Suite 200, North Chesterfield, Virginia 23236 TEL 804.267.7600 TDD 804.674.2417 FAX 804.272.2046 SHAWN G. TALMADGE ERIN SUTTON State Coordinator of Chief Deputy State Coordinator Emergency Management of Emergency Management September 16, 2022 Mr. Dan O’Donnell County Administrator 5204 Bernard Drive Southwest Roanoke, VA 24018-4345 RE: EMP-2020-FM-030-003 Roanoke County Roanoke County Acquisition of 1 SRL Property Dear Mr. O’ Donnell: I am pleased to notify you that the Federal Emergency Management Agency has approved the project titled “Roanoke County – Acquisition of 1 SRL Property.” The funds have been obligated through the Flood Mitigation Assistance Grant Program. Attached you will find the grant award package. Please read all documents carefully prior to initiating your project. As funded, the federal share is 100 percent of the total project costs. Your project cannot begin until the authorized agent has signed the grant award package. No reimbursements will be made until the award package is signed and received by the Virginia Department of Emergency Management. Please sign the attached grant agreement, scan it, and email it to Amy Howard, mitigation grants administrator. Congratulations on the approval of this project. If you have questions regarding this award or the implementation of your project, please contact Amy Howard at (804) 267-7733 or by e-mail at Amy.Howard@vdem.virginia.gov. Sincerely, Chery J. Adkins Alternate Governor’s Authorized Representative Enclosures CJA/DJM/ash COMMONWEALTH OF VIRGINIA Department of Emergency Management 9711 Farrar Court, Suite 200, North Chesterfield, Virginia 23236 TEL 804.267.7600 TDD 804.674.2417 FAX 804.272.2046 SHAWN G. TALMADGE ERIN SUTTON State Coordinator of Chief Deputy State Coordinator Emergency Management of Emergency Management Flood Mitigation Assistance (FMA) Grant Program Grant Agreement EMP-2020-FM-030-0003 th This Agreement is made as of this 19 day of March 2022, by and between the Virginia Department of Emergency Management, hereinafter called “VDEM,” and the Roanoke County hereinafter called the “Sub-grantee.” The UEI-EFT number for Roanoke County is GX4HPU2KPHE3. The parties to this Agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: (1) GENERAL PROVISIONS: This Agreement is a sub-grant award of federal funds from VDEM to the sub-grantee. VDEM has received a grant from the Department of Homeland Security Federal Emergency Management Agency Flood Mitigation Assistance Grant Program, Catalog of Federal Domestic Assistance Number 97.027. The sub-grantee shall implement the project as set forth in the grant Agreement documents. These documents consist of: (1) Executed Grant Agreement; (2) Scope of Services, Attachment A; (3) Project Budget, Attachment B; (4) Milestone Table, Attachment C; and (5) Grant Assistance Agreements and VDEM-FEMA General Terms and Conditions and Assurances; Attachment D. State agencies acting as the sub-grantee shall report all federal funds received as part of this Agreement as federal pass-thru funds on their agency’s Schedule of Federal Assistance. Nothing in this Agreement shall be construed as authority for either party to make commitments, which will bind the other party beyond the Scope of Work contained herein. Furthermore, the sub-grantee shall assign, sublet, or subcontract any work related to this Agreement or any interest it may have herein with full compliance with federal and state procurement regulations. The schedule of service set forth in the Scope of Work and Milestone Table shall be deemed to have been consented to, as required by the preceding sentence, upon the execution of this Agreement by VDEM. (2) SCOPE OF SERVICES: The sub-grantee shall provide the service to VDEM set forth and summarized in the Scope of Work (Attachment A) and Milestone Table (Attachment C). All deliverables shall conform to accepted standards and practices. If there is any change in the original scope of work, a formal request must be made to VDEM for review and approval prior to implementing the change. These attachments are consistent with the original VDEM-FEMA (Federal Emergency Management Agency) grant project application. The sub- grantee shall provide VDEM with quarterly reports and a final report on the progress of work set forth in the Scope of Work. The quarterly reports and final report shall contain the following components: (1) a narrative describing in detail the progress of the sub-grantee in fulfilling the provisions of the Scope of Work; (2) Reimbursement Requests as needed that itemize the expenses incurred by the sub-grantee, including separate columns for the federal, state, and the sub-grantee’s matching contribution to the total cost of services as reflected in the Project Budget - Attachment B; and (3) the schedule of specific project tasks with target completion dates and actual completion dates (Milestone Table – Attachment C). The first quarterly report is due to VDEM at the end of the first complete quarter following the award of the grant. Reporting Period Report Due to VDEM January 1 – March 31 no later than April 15 April 1 – June 30 no later than July 15 July 1 – September 30 no later than October 15 October 1 – December 31 no later than January 15 (3) TIME OF PERFORMANCE: The services of the sub-grantee shall begin on the date of the sub-grantee’s signature of this document and terminate on 08-08-2025 unless otherwise altered through provisions of this Agreement or extended by written authorization of VDEM. Requests for a time of performance extension must be received in writing by VDEM within 75 days of the termination date with reasons for the requested time of performance extension and a revised Milestone Table – Attachment C. All time limits stated are of the essence of this Agreement. All funds must be obligated no later than the project completion date. The final request for reimbursement must be received no later than 60 days after the completion date of the project. (4) COMPENSATION: The total project award from VDEM is $241,531 provided through the Flood Mitigation Assistance Grant Program. FEMA shall provide 100% of the federal funds for the project identified in the Scope of Work (Attachment A) totaling $241,531. VDEM shall release the grant award to the sub-grantee on a cost-reimbursement basis upon receipt and approval of the sub-grantee’s quarterly and final reports and deliverables as required by this Agreement or at other times agreed to by VDEM. Any cost overruns incurred by the sub-grantee during the time of performance shall be the responsibility of the sub-grantee. The sub-grantee shall spend the funds according to the specified categories of the contract budget. The sub-grantee shall use mitigation grant funds solely for the purposes for which these funds are provided and as approved by FEMA and VDEM. General policies for determining allowable costs are established in 2 Code of Federal Regulations (CFR), Part 200, subpart E (included in Attachment D) and the appropriate OMB circulars that identify cost principles for different kinds of organizations. Minor shifts of the funds among categories by the sub-grantee, not to exceed 10 percent of any budget line item are permissible, but in no case can the total expenditures exceed the amount provided by this contract. Shifts in funds exceeding 10 percent among budget line items must be approved in writing by VDEM. (5) ASSISTANCE: VDEM agrees upon request of the sub-grantee to furnish, or otherwise make available to the sub- grantee, copies of existing non-proprietary materials in the possession of VDEM that are reasonably related to the subject matter of this Agreement and are necessary to the sub-grantee for completion of its performance under this Agreement. VDEM Grants Division staff will provide technical support to the sub-grantee and make periodic site visits to monitor progress. (6) ACKNOWLEDGEMENTS: The role of the Virginia Department of Emergency Management (VDEM) and the Federal Emergency Management Agency (FEMA) must be clearly stated in all press releases, news articles, and requests for proposals, bid solicitations, and other documents describing this project, whether funded in whole or part. Acknowledgment of financial assistance, with VDEM and FEMA logos, must be printed on all reports, studies, websites, and other products (including map products) supported, in whole or in part, by this award or any sub-award. The sub-grantee is responsible for contacting VDEM staff in adequate time to obtain the logo in camera-ready or digital form. The final draft must be approved by VDEM staff prior to production. The acknowledgment should read as follows: This report was funded by the Federal Emergency Management Agency through the Virginia Department of Emergency Management, via Grant Agreement Number EMP-2020-FM-030-0003 for $241,531. (7) CREATION OF INTELLECTUAL PROPERTY: To the extent that the copyright to any copyrightable material created pursuant to this Agreement is owned by the sub-grantee and/or the sub-grantee is empowered to license its use, VDEM agrees to grant to the sub-grantee, and hereby does grant to the sub-grantee, a license to use the materials so owned for public, not-for-profit purpose within the territory of the Commonwealth and shall execute and deliver such further documents as the Commonwealth may reasonably request for the purpose of acknowledging or implementing such license. A copyright notice shall be placed in an appropriate location on any copyrightable material being distributed or published. Such notice shall include (1) either the symbol “©”, the word "Copyright", or the abbreviation "Copr."; (2) the year of first publication; and (3) the name of the copyright owner (the Commonwealth of Virginia). This information shall be followed by the words, "all rights reserved." (8) STRUCTURAL MITIGATION REQUIREMENTS: Specific requirements must be adhered to for structural mitigation projects such as structural relocation, property acquisition and demolition, and structural retrofitting or improvement as detailed in Attachment D. These requirements can include deed restrictions, operation and maintenance plans, and insurance requirements, as dictated by the specific grant and project requirements. (9) BREACH AND TERMINATION: In the event of breach by the sub-grantee of this Agreement, VDEM shall provide written notice to the sub-grantee specifying the manner in which the Agreement has been breached. If a notice of breach is given and the sub-grantee has not substantially corrected the breach within 60 days of receipt of the written notice, VDEM shall have the right to terminate the Agreement. The sub-grantee shall be paid for no service rendered or expense incurred after receipt of the notice of termination, except such fees and expenses incurred prior to the effective date of termination that are necessary for curtailment of its work under the Agreement. Termination of this Agreement can occur as an effect of one of two results: First, as a result of the proper completion and closeout of this project. Second, termination may occur as a result of Termination for Convenience or other termination as allowed or required by 2 CFR 200.339 for projects which cannot be completed as described in the FEMA-approved grant project application and the Scope of Services – Attachment, herein. Communication of this decision and information related to the project termination will be provided to the sub-grantee in coordination with FEMA through registered mail. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by the following duly authorized officials: Sub-grantee:Grantor: Roanoke County Virginia Department of Emergency Management By: By: ____________________________ _____________________________ Date: ____________________________ Date: ____9/16/2022________________ Authorized Sub-grantee Signatory Deputy State Coordinator, Financial Management Bureau Attachment A EMP-2020-FM-030-0003 Project Scope of Work Project Sponsor: Roanoke County Project Title: Roanoke County – Hazard Mitigation Plan Update Project Description from FMA application: The County currently has 2 Severe Repetitive Loss Structures. This project will acquire and demolish one of these structures. Repeated flooding of this residence creates recurring safety and health issues for the resident; financial hardships; and recurring insurance losses. This project will acquire and demolish a severe repetitive loss structure, thus removing the hazard. The homeowner will benefit by being able to move to a safer dwelling and not being placed under stress in every heavy rain storm. The community will benefit from the removal of homes that, over time due to repeated flooding, have the potential of becoming blighted. The Flood Insurance Program benefits from avoiding future payouts for damages. There are no future development plans. The property that is acquired will be kept by the County in open space. Scope of Work – Special Conditions EMP-2020-FM-030-0003: Roanoke County – Acquisition and Demolition of 1 SRL Property. Make sure to note the Special Condition on the project: Conditions: The project location is within range of federally listed bat species. This review does not include standing tree removal. If the scope of work changes to include removal of standing trees, EHP should be notified to allow for coordination with the U.S. Fish and Wildlife Service. Applicant is responsible for determining the presence of asbestos containing materials (ACM). This may include, but is not limited to, cementitious siding, caulking compound, roof felt and shingles, roofing mastic, pipe insulation, furnaces and related elements, sheet vinyl, floor tiles, floor underlayment, and associated mastics. Applicant is responsible to identify, abate, and dispose of ACMs in accordance with state and federal requirements. Attachment B EMP-2020-FM-030-0003 Project Budget Project Awarded Budget – Funding Source FMA: Federal Project Funds $241,531 Total Project Funds $241,531 Project Budget from VDEM-FEMA FMA application: DescriptionofTask Quantity Unit Cost Total Pre-Award 1 $700 $700 Appraisal 1 $700 $700 Demolition, Debris Removal, and Site Restoration 1 $40,000 $40,000 Asbestos Testing 1 $800 $800 Utility Disconnection 1 $3,500 $3,500 Acquisition Costs1 $182,080 $182,080 Inspection 1 $700 $700 Title Search, Closing Costs, and Legal Fees1 $1,500 $1,500 Project Management Costs 1 $11,501 $11,501 Total Project Costs $241,531 Attachment C EMP-2020-FM-030-0003 Project Milestone Table Description of Task Duration Grant award/mitigation offer homeowner125 days Survey and appraisal of structures/properties 100 days Completion of legal documents/Offers to homeowners 100 days Acquire properties 140 days Asbestos and environmental inspection 85 days Advertise for demolition 50 days Disconnect utilities50 days Abate asbestos and environmental issues 105 days Demolition of properties 180 days Open space grading/seeding 70 days Closeout 90 days Total Days1,095 Days Attachment D Administrative Requirements and Guidance Federal Administration and Guidance Documents: 1. 2 CFR Part 200 Cost Principles for State, Local, Indian Tribal Governments 2. CATEX documentation (where required) 3. Structural Mitigation Project Requirements (where required) 4. Current Hazard Mitigation Assistance (HMA) Guidelines 5. FEMA Award Package Federal Emergency Management Agency (FEMA) Contact: Tanya Graham-Simms FEMA Region III th One Independence Mall, 6 Floor 615 Chestnut Street Philadelphia, PA 19106-4404 Mobile: (215) 687-0238 Tanya.grahamsimms@fema.dhs.gov Attachment E EMP-2020-FM-030-0003 Hazard Mitigation Assistance Non-Supplanting Certification I certify that any funds awarded under Flood Mitigation Assistance (FMA) program grants will be used to supplement existing funds for program activities, and will not replace (supplant) non-federal funds. Designated Agent ___________________________________ Name ___________________________________ Signature ___________________________________ Title ___________________________________ Agency 2301703132SFD.12 GFEFSBM!FNFSHFODZ!NBOBHFNFOU!BHFODZ 29;19;35 SFDPSE!PG!FOWJSPONFOUBM!DPOTJEFSBUJPO!)SFD* Qspkfdu EMP-2020-FM-030-0003 Ujumf;Roanoke County - Acquisition and Demolition of 1 SRL Property NEPA DETERMINATION Opo!Dpnqmjbou!Gmbh;No FB!Esbgu!Ebuf;FB!Gjobm!Ebuf; FB!Qvcmjd!Opujdf!Ebuf;EA Fonsi Mfwfm;CATEX EIS Notice of IntentEIS ROD Date: CommentProject is for the acquisition and demolition of one (1) residential property located in Roanoke County: 915 Clearwater Avenue, Roanoke, VA 24019 (37.343800, -79.934470). - ehagan3 - 11/02/2021 13:33:51 GMT CATEX CATEGORIES Catex Category Code Eftdsjqujpo Selected *n3(*n3) Federal Assistance for Property Acquisition and Demolition. FederalYes assistance for the acquisition of properties and the associated demolition and removal when the acquisition is from a willing seller, the assistance is solely for the purposes of financial compensation for the acquisition, and the land is deed restricted to open space, recreational, wildlife habitat, or wetland uses in perpetuity. The CATEX does not apply to subsurface uses of acquired properties, or acquired properties with encumbrances or easements authorizing current or future subsurface uses that are not allowable and compatible with open space. This CATEX covers actions associated with the determination of program eligibility. This CATEX does not cover Federal assistance actions that involve acquisition for the purpose of construction or development at a site in the acquired property. The use of eminent domain is explicitly excluded from the CATEX. EXTRAORDINARY Extraordinary Circumstance Code Eftdsjqujpo Selected ? No Extraordinary Circumstances were selected ENVIRONMENTAL LAW / EXECUTIVE ORDER Fowjsponfoubm!Mbx0 StatusDescriptionComment Fyfdvujwf!Psefs Clean Air Act (CAA)CompletedProject will not result in permanent air emissions - Review concluded Coastal Barrier Resources ActCompletedProject is not on or connected to CBRA Unit or otherwise protected area - Review (CBRA) concluded Clean Water Act (CWA)CompletedProject would not affect any water of the U.S.The project is located approximately 20 feet from a stream. The project includes the acquisition - Review concluded and demolition of one (1) residential property and work will occur within the existing footprint. No work will be performed in the stream and erosion and sedimentation (E&S) control measures will be implemented during demolition OPUF;!Bmm!ujnft!bsf!HNU!vtjoh!b!35.ipvs!dmpdl/Qbhf!2!pg!5 2301703132SFD.12 GFEFSBM!FNFSHFODZ!NBOBHFNFOU!BHFODZ 29;19;35 SFDPSE!PG!FOWJSPONFOUBM!DPOTJEFSBUJPO!)SFD* Qspkfdu EMP-2020-FM-030-0003 Ujumf;Roanoke County - Acquisition and Demolition of 1 SRL Property Fowjsponfoubm!Mbx0 StatusDescriptionComment Fyfdvujwf!Psefs activities to prevent runoff of materials and soil into adjacent waters. - ehagan3 - 11/02/2021 13:45:07 GMT Coastal Zone Management ActCompletedProject is not located in a coastal zone area and does not affect a coastal zone area - (CZMA) Review concluded Executive Order 11988 -CompletedLocated in floodplain or effects onProject is for the removal of one (1) residential property located within the floodplain. - ehagan3 Floodplainsfloodplain/flood levels - 11/02/2021 13:48:16 GMT CompletedBeneficial Effect on Floodplain Occupancy/Values - Review concluded Executive Order 11990 -CompletedNo effects on wetlands and project outsidePer National Wetlands Inventory, project is not located in or near a wetland. - ehagan3 - Wetlandswetlands - Review concluded 11/02/2021 13:48:49 GMT Executive Order 12898 -CompletedLow income or minority population in or near Environmental Justice for Low project area Income and Minority Populations CompletedNo disproportionately high and adverse impact on low income or minority population - Review concluded Endangered Species Act (ESA)CompletedListed species and/or designated criticalPer the attached IPaC report, the project site is habitat present in areas affected directly orwithin range of the Indiana bat, Northern long- eared bat, and Roanoke logperch. There are no indirectly by the federal action Critical Habitats in the project area. Project includes the acquisition and demolition of one (1) residential property and work will occur within the existing footprint. No tree disturbance or work in water is planned to occur. IPaC report, ESA Determination Table, and Self Certification Letter from USFWS VAFO are attached. See condition. - ehagan3 - 11/02/2021 13:38:44 GMT CompletedNo effect to species or designated critical habitat (See comments for justification) - Review concluded Farmland Protection Policy ActCompletedProject does not affect designated prime or unique farmland - Review concluded (FPPA) Fish and Wildlife CoordinationCompletedProject does not affect, control, or modify a Act (FWCA)waterway/body of water - Review concluded OPUF;!Bmm!ujnft!bsf!HNU!vtjoh!b!35.ipvs!dmpdl/Qbhf!3!pg!5 2301703132SFD.12 GFEFSBM!FNFSHFODZ!NBOBHFNFOU!BHFODZ 29;19;35 SFDPSE!PG!FOWJSPONFOUBM!DPOTJEFSBUJPO!)SFD* Qspkfdu EMP-2020-FM-030-0003 Ujumf;Roanoke County - Acquisition and Demolition of 1 SRL Property Fowjsponfoubm!Mbx0 StatusDescriptionComment Fyfdvujwf!Psefs Migratory Bird Treaty Act (MBTA)CompletedProject located within a flyway zone CompletedProject does not have potential to take migratory birds - Review concluded Magnuson-Stevens FisheryCompletedProject not located in or near Essential Fish Conservation and Management Habitat - Review concluded Act (MSA) National Historic Preservation ActCompletedApplicable executed ProgrammaticPer consultation letter dated 11.18.2021, FEMA determined this undertaking resulted in no (NHPA)Agreement (enter date in comments). historic properties affected. VA SHPO concurred with this determination on 12.6.2021. - csotirho - 12/06/2021 16:47:02 GMT CompletedBuilding or structure 50 years or older or listed on the National Register in the project area and activity not exempt from review CompletedDetermination of No Historic Properties Affected (FEMA finding/SHPO/THPO concurrence attached) - Review concluded CompletedProject affects only previously disturbed ground - Review concluded State Hazardous Materials andCompletedReview concludedSee condition. - ehagan3 - 11/02/2021 13:51:22 Solid Waste LawsGMT Wild and Scenic Rivers ActCompletedProject is not along and does not affect Wild (WSR)and Scenic River - Review concluded CONDITIONS Tqfdjbm!Dpoejujpot!sfrvjsfe!po!jnqmfnfoubujpo!pg!Qspkfdut; The project location is within range of federally listed bat species. This review does not include standing tree removal. If the scope of work changes to include removal of standing trees, EHP should be notified to allow for coordination with the U.S. Fish and Wildlife Service. Source of condition:Endangered Species Act (ESA)Monitoring Required:No OPUF;!Bmm!ujnft!bsf!HNU!vtjoh!b!35.ipvs!dmpdl/Qbhf!4!pg!5 2301703132SFD.12 GFEFSBM!FNFSHFODZ!NBOBHFNFOU!BHFODZ 29;19;35 SFDPSE!PG!FOWJSPONFOUBM!DPOTJEFSBUJPO!)SFD* Qspkfdu EMP-2020-FM-030-0003 Ujumf;Roanoke County - Acquisition and Demolition of 1 SRL Property Applicant is responsible for determining the presence of asbestos containing materials (ACM). This may include, but is not limited to, cementitious siding, caulking compound, roof felt and shingles, roofing mastic, pipe insulation, furnaces and related elements, sheet vinyl, floor tiles, floor underlayment, and associated mastics. Applicant is responsible to identify, abate, and dispose of ACMs in accordance with state and federal requirements. Source of condition:State Hazardous Materials and Solid Waste LawsMonitoring Required:No Tuboebse!Dpoejujpot; Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. OPUF;!Bmm!ujnft!bsf!HNU!vtjoh!b!35.ipvs!dmpdl/Qbhf!5!pg!5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 11, 2022 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $241,531 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD MITIGATION ASSISTANCE GRANT PROGRAM, AND AUTHORIZING THE USE OF SUCH FUNDS TO ACQUIRE PROPERTY LOCATED AT 915 CLEARWATER AVENUE, ROANOKE, VA 24019 (TAX PARCEL NO. 027.13-06-39.00-0000), HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Flood Mitigation Assistance Program is a competitive grant program that provides funding to states, local communities, federally recognized tribes and territories for projects that reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood Insurance Program, with recipients chosen by - effectiveness of the project; and WHEREAS, two residences in Roanoke County insured under the National Flood Insurance Program have experienced damages from multiple flooding events and are classified, by FEMA, as Severe Repetitive Loss ; and ng its SRL properties; and WHEREAS, the property owner of one of the SRL properties has expressed interest in voluntarily participating in this FEMA funded program. The property is a residential property located at 915 Clearwater Avenue, Roanoke, VA 24019 (tax parcel ID no: 027.13-06-39.00-0000). Accordingly, the County applied for grant funding to acquire this property; and Page 1 of 2 WHEREAS, on September 16, 2022, the County County received a grant from the FEMA Flood Mitigation Assistance Grant Program in the amount of $241,531. This grant will be used to purchase the property and demolish and remove the existing flood-prone structure. After demolition the property must be maintained, by the County, as undeveloped green space in perpetuity; and WHEREAS, the federal share is 100 percent of the total project costs; no local funding is required; 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 October 11, 2022, and the second reading was held on October 25, 2022. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $241,531 is hereby accepted and appropriated to the Roanoke County Grant Fund, to be used for the acquisition of the residential property located at 915 Clearwater Avenue, Roanoke, VA 24019 (tax parcel ID no: 027.13-06-39.00-0000). 2. The County Administrator, Deputy County Administrator, or Assistant County Administrator is authorized to execute any documents, including contracts and deeds of conveyance, in order to effectuate the acquisition of this property and demolition of the existing structure; such documents shall be approved as to form by the County Attorney. 3. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 ACTION NO. ITEM NO. F.7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 11, 2022 AGENDA ITEM: Ordinance approving a site and ground lease with Seiontec Systems, LLC for placement of broadband equipment on Crowells Gap antenna (First Reading of Ordinance) SUBMITTED BY: Susan Slough Assistant Director of Communications APPROVED BY: Richard L. Caywood County Administrator ISSUE: Approval of lease with Seiontec Systems, LLC for placement of broadband equipment on Crowells Gap antenna and monitoring equipment in the cabinet located at Crowells Gap antenna site. BACKGROUND: The County of Roanoke was approached by Seiontec Systems regarding the placement of broadband equipment on Crowells Gap antenna site and the placement of equipment in the cabinet on the same site. DISCUSSION: -- 27.0 N. Latitude and 79 Degrees - - 39.0 W. Longitude in Roanoke County. Seiontec Systems equipment will not interfere with the County's communications equipment. The term of the lease shall be a period of three (3) years commencing on November 1, 2022 with the option to extend the initial term for two (2) successive three (3) year periods. Page 1 of 2 FISCAL IMPACT: Roanoke County will receive $500 a month as reimbursement for utilities and maintenance costs. Seiontec Systems has the option to pay in a lump sum of $6,000 due November 1 of each term. STAFF RECOMMENDATION: Staff recommends approving the first reading of the ordinance and establishing a second reading on October 25, 2022. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 11, 2022 ORDINANCE AUTHORIZING AND APPROVING A GROUND LEASE BETWEEN ROANOKE COUNTY AND SEIONTEC SYSTEMS, LLC ON CROWELLS GAP MOUNTAIN WHEREAS, Roanoke County orand Seiontec Systems, LLC eewish to enter into an antenna site lease telecommunications tower and ground lease on Mountain, located more specifically at 37 Degrees - 27.0 N. Latitude and 79 Degrees 39.0 W. Longitude. Seiontec shall also be afforded non-exclusive right of ingress and egress to the Leased Premises for purposes of maintaining their telecommunications equipment; and WHEREAS, the ; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on October 11, 2022 and the second reading was held on October 25, 2022. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The 2022 ground lease addendum between Roanoke County and Seiontec be approved. 2. That the County Administrator or the Deputy County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further Page 1 of 2 actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Unaudited OutstandingOutstanding June 30, 2022AdditionsDeletionsOctober 11, 2022 VPSA School Bonds$ 85,873,052$ -$ 8,043,501$ 77,829,551 Lease Revenue Bonds 73,900,000 - 3,800,000 70,100,000 Subtotal 159,773,052 - 11,843,501 147,929,551 Premiums 12,384,805 - - 12,384,805 $ 172,157,857$ -$ 11,843,501$ 160,314,356 Submitted ByLaurie L. Gearheart Director of Finance and Management Services Approved ByRichard L. Caywood County Administrator ACTION NO.___________________ ITEM NUMBER_______________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: October 11, 2022 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 31-Aug-22 SUMMARY OF INFORMATION: CASH INVESTMENT: TRUIST CONCENTRATION6,039,963.226,039,963.22 GOVERNMENT: TRUIST CONTRA(1,411,360.00) TRUIST62,500,535.25 TRUIST ROA CONTRA(9,070.00) TRUIST ROA1,000,000.0062,080,105.25 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 33,973,633.6633,973,633.66 MONEY MARKET: ATLANTIC UNION BANK4,549,987.99 HOMETRUST BANK4,046,803.34 TRUIST 13,080,573.28 WELLS FARGO194.65 TRUIST ROA4,300,012.88 25,977,572.14 PUBLIC FUNDS: BANK OF BOTETOURT2,005,415.53 2,005,415.53 TOTAL 130,076,689.80 10-11-2022 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 11, 2022 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member’s knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Page 1of 1