HomeMy WebLinkAbout9/12/2023 - RegularRoanoke County
Board of Supervisors
September 12, 2023
INVOCATION:Pastor Andrew McPheron
Fellowship Community Church
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.”
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Roanoke County
Board of Supervisors
Agenda
September 12, 2023
Good afternoon and welcome to our meeting for September 12, 2023. 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 County’s
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. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution recognizing Eric Kohler, Parks Administrator, for his exemplary
service to Roanoke County (Richard L. Caywood, County Administrator)
2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Lori Hancock, Payroll Technician, upon her retirement after more than
thirty-two (32) years of service (Laurie Gearheart, Director of Finance and
Management Services; Amy Meacham, Finance Manager-Payroll)
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D.FIRST READING OF ORDINANCES
1. Ordinance of the Board of Supervisors of the County of Roanoke, Virginia
approving the refinancing of a lease transaction that originally financed various
capital projects for the County and authorizing the continued leasing of certain
County-owned property, the execution and delivery of a prime lease and a local
lease acquisition agreement and financing lease, and other related actions
(Laurie Gearheart, Director of Finance and Management Services)
2. Ordinance accepting and appropriating funds in the amount of $3,777,457 from
the Virginia Department of Housing and Community Development in response to
the 2022 award of funds from the Virginia Telecommunications initiative grant,
and appropriating such funds to the County’s grant fund for subsequent
distribution to the Roanoke County Economic Development Authority to provide
economic development incentives to internet service providers (Bill Hunter,
Director of Information Technology)
E. SECOND READING OF ORDINANCES
1. Ordinance accepting the donation of approximately 1.4 acres of real property
located at 0 Garstview Circle (Roanoke County Tax Map Number 076.12-09-
13.00-0000), Windsor Hills Magisterial District(Rachel Lower, Senior Assistant
County Attorney)
F. PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance vacating a section of an unimproved right-of-way referred to as
Britaney Road located in a southeasterly direction of the intersection of Britaney
Road (Route 1224) and Setter Road (Route 1221), Hollins Magisterial District
(Rachel Lower, Senior Assistant County Attorney)
G. 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)
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H.CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDAARE 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 13, 2023; June 27, 2023
2. Resolution requesting the Commonwealth Transportation Board name the
Diuguids Lane (Route 760) bridge over the Roanoke River as the "USN AWS1
James P. Buriak Memorial Bridge" and to erect signage, Catawba Magisterial
District
3. Confirmation of appointment to the Court Community Corrections Alcohol Safety
Action Program (ASAP) Policy Board, Roanoke County Economic Development
Authority (EDA)(District) and the Roanoke County Library Board (District)
4. Request to accept and allocate funds in the amount of $4,000 from the Virginia
Department of Emergency Management for the Public Safety Answering Points
(PSAP) Educational Grant Program
5. Ordinance authorizing the execution of an amendment to the Memorandum of
Understanding with Blue Ridge Behavioral Healthcare and other local
government entities governing the Marcus Alert Program for the Roanoke Valley
(First Reading and request for Second Reading)
6. Ordinance approving a permanent easement to the City of Salem for the erection
of a public bus shelter located at 305 East Main Street, Salem, Virginia (the
Roanoke County Courthouse property) (First Reading and request for Second
Reading)
7. Ordinance 1) accepting $170,709 from the Virginia Department of Rail and Public
Transportation and appropriating such funds to the County’s grant fund for fiscal
years 2024 and 2025 for expanded shuttle service to the National Park Service’s
McAfee Knob trailhead parking lot, and 2) reappropriating $42,677 of County
funds from the general fund to the grant fund for expanded shuttle service to the
McAfee Knob trailhead parking lot (Second Reading)
8. Ordinance 1) accepting funds in the amount of $465,091 from the Virginia
Department of Rail and Public Transportation and appropriating such funds to the
County’s grant fund for operation of the CORTRAN program, and 2) reallocating
$19,379 from the County’s general fund to the grant fund, for operation of the
CORTRAN program (Second Reading)
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9.Ordinance authorizing the execution of an amendment to the Economic
Development Grant Agreement for fixed, wireless broadband service between
Roanoke County and B2X Online, Inc. (B2X)(Second Reading)
10. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Richard L. Gardner, Infrastructure Services Manager, upon his
retirement after more than twenty-five (25) years of service
I. CITIZENS' COMMENTS AND COMMUNICATIONS
J. REPORTS
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
K. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. P. Jason Peters
2. Phil C. North
3. Paul M. Mahoney
4. David F. Radford
5. Martha B. Hooker
L. WORK SESSIONS
1. Work session to discuss the Economic Development Marketing Study with the
Board of Supervisors (Megan Baker, Director of Economic Development)
2. Work session on the County of Roanoke Budget (Laurie Gearheart, Director of
Finance and Management Services; Richard L. Caywood, County Administrator)
M. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2-3711(A)(3): Discussion or consideration of the acquisition of real
property for a public purpose, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the public body.
The real property that will be discussed is located in the Catawba Magisterial
District.
2. Section 2.2-3711(A)(5) - Discussion concerning the expansion of existing
businesses where no previous announcement has been made of the businesses'
interests in locating or expanding their facilities in Roanoke County. Specifically,
such locations or expansions are proposed to occur in the Catawba, Cave Spring
and Hollins Magisterial Districts.
N. CERTIFICATION RESOLUTION
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O.ADJOURNMENT
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ACTION NO.
ITEM NO. C.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 12, 2023
AGENDA ITEM: Resolution recognizing Eric Kohler, Parks Administrator, for
his exemplary service to Roanoke County
SUBMITTED BY: Doug Blount
Assistant County Administrator
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Resolution recognizing Eric Kohler for his work at Roanoke County.
DISCUSSION:
This time has been set aside to recognize Eric Kohler for his exemplary service to
Roanoke County.
STAFF RECOMMENDATION:
Staff recommends approval of the resolution.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 25, 2023
RESOLUTION RECOGNIZING ERIC KOHLER, PARKS
ADMINISTRATOR, FOR HIS EXEMPLARY SERVICE TO ROANOKE
COUNTY
WHEREAS, in March, 2016, Eric Kohler was hired by Roanoke County as a Parks
Supervisor, and during his tenure has been promoted to Parks Administrator; and
WHEREAS, Eric has been responsible for coordinating the operational logistics of
the Parks, and other key administrative
functions of the Parks Division; and
WHEREAS, Eric coordinated the parks division support of many successful special
events over the years, including the annual Illuminights Walk of Lights Trail, the T-Rex
Trail, Green Hill Park Kite Festival, Touch-a-Truck and Knights Crossing events; and
WHEREAS, since 2019, Eric has served as the primary designer and installation
coordinator of the Illuminights Walk of Lights Trail at Explore Park, which has been
enjoyed more than 200,000 visitors; and
WHEREAS, since 2022, Eric has served as the primary designer and installation
coordinator of the T-Rex Trail at Explore Park, which has been enjoyed by more than
25,000 visitors; and
WHEREAS, since 2016, Eric has played a key role in the Parks maintenance
operations including supervising the parks grounds and patrol crews, performing the
annual inspections and maintenance of all thirty (30) community playgrounds, and
soliciting and supervising more than 3,000 annual hours of volunteerism in County parks;
and
WHEREAS, Erichis work makes a difference
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NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of
Roanoke County to Eric Kohler for his dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for continued
success in the future.
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ACTION NO.
ITEM NO. C.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 12, 2023
AGENDA ITEM: Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Lori Hancock, Payroll
Technician, upon her retirement after more than thirty-two
(32) years of service
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Recognition of the retirement of Lori Hancock
BACKGROUND:
Lori Hancock, Payroll Technician, retired on August 1, 2023 after thirty-two (32) years
and eight (8) months of service with Roanoke County.
Ms. Hancock is expected to attend today’s meeting to receive her quilt and resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the attached resolution.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON SEPTEMBER 12, 2023
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO LORI HANCOCK, PAYROLL
TECHNICIAN, UPON HER RETIREMENT AFTER MORE THAN THIRTY-
TWO (32) YEARS OF SERVICE
WHEREAS, Lori Hancock was hired on December 3, 1990, as a part time Account
Clerk, and moved to full time on June 8, 1992 as an Account Clerk in Utility Billing and then
hired on June 19, 2004 as a Payroll Technician during her tenure with Roanoke County;
and
WHEREAS, Ms. Hancock retired on August 1, 2023, after thirty-two (32) years and
eight (8) months of devoted, faithful and expert service with the County; and
WHEREAS, during her time serving Roanoke County, Ms. Hancock was responsible
for providing excellent customer payroll services to the Roanoke County Departments and
Western Virginia Regional Jail Authority; and
WHEREAS, during recent years Ms. Hancock was focused primarily on payroll
processing for Western Virginia Regional Jail employees; and
WHEREAS, Ms. Hancock was instrumental in applying the new Global Human
Resources system to payroll policies and procedures to ensure all Western Virginia
Regional Jail employees were paid accurately and efficiently every two weeks; and
WHEREAS, Ms. Hancock was supportive of and worked closely with other payroll
team members to help process and ensure the accuracy of the bi-weekly payroll for all
Roanoke County employees; and
WHEREAS, Ms. Hancock has proved herself to be an exemplary employee with an
excellent attendance record;
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NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County, Virginia expresses its deepest appreciation and the appreciation of the citizens of
Roanoke County to LORI HANCOCK for thirty-two (32) years and eight (8) months of
capable, loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
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ACTION NO.
ITEM NO. D.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 12, 2023
AGENDA ITEM: Ordinance accepting and appropriating funds in the amount
of $3,777,457 from the Virginia Department of Housing and
Community Development in response to the 2022 award of
funds from the Virginia Telecommunications initiative grant,
subsequent distribution to the Roanoke County Economic
Development Authority to provide economic development
incentives to internet service providers
SUBMITTED BY: Bill Hunter
Director of Information Technology
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Accept and appropriate funds received from the Current Virginia Telecommunication
Initiative (VATI) to the County's grant fund for subsequent distribution to the Economic
Development Authority (EDA) to provide economic development incentives to internet
service providers.
BACKGROUND:
In September 2021, the Board of Supervisors of Roanoke County entered into an MOU
with the Roanoke County EDA to apply for VATI grants in conjunction with four internet
service providers. These grants were awarded and the projects are now in progress.
Remittance requests have been filed and funds received for reimbursement.
DISCUSSION:
The County received several VATI grant awards totaling $3,777,457. These grants are
being donated to the Economic Development Authority to provide funding to Cox,
Shentel, Craig-Botetourt and B2X.
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FISCAL IMPACT:
Awarded State funds total $3,777,457 and will be deposited into the County's Grant
Fund. These funds will then be subsequently distributed to the EDA to provide
economic development incentives to internet service providers.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of the ordinance and requests
scheduling the second reading for September 26, 2023.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 12, 2023
ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE
AMOUNT OF $3,777,457 FROM THE VIRGINIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT IN RESPONSE TO 2022
AWARD OF FUNDS FROM VIRGINIA TELECOMMUNICATIONS
INITIATIVE GRANT, AND APPROPRIATING SUCH FUNDS TO THE
WHEREAS, the
administered by the Virginia Department of Housing and Community Development
and
WHEREAS, in September 2021, the Board of Supervisors of Roanoke County
entered into an MOU with the Roanoke County Economic Development Authority to apply
for VATI grants in partnership with four internet service providers: and
WHEREAS, the County elected to have its EDA administer the VATI projects; and
WHEREAS, in August 2022, DHCD issued awards for the four VATI projects; and
WHEREAS, work is being completed on the projects and DHCD has remitted
payment to the County for the four approved VATI projects; and
WHEREAS, the total award from DHCD will be $3,777,457 (Three million seven
hundred seventy-seven thousand four hundred fifty-seven dollars) to be appropriated into
WHEREAS, such funds are to be paid to each ISP by the Roanoke Economic
Development Authority; and
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WHEREAS, the County wishes to accept the VATI funds from DHCD and
appropriate same to the Roanoke
County Economic Development Authority; 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 12, 2023,
and the second reading was held on September 26, 2023.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the sum of $3,777,457 is hereby accepted from the Virginia
Department of Housing and Community Development and appropriated to
the Roanoke County
Economic Development Authority, to issue payment to the internet service
providers in accord with the terms of the VATI agreements.
2. That this ordinance shall take effect upon its adoption.
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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 12, 2023
AGENDA ITEM: Ordinance of the Board of Supervisors of the County of
Roanoke, Virginia approving the refinancing of a lease
transaction that originally financed various capital projects
for the County and authorizing the continued leasing of
certain County-owned property, the execution and delivery of
a prime lease and a local lease acquisition agreement and
financing lease, and other related actions
SUBMITTED BY: Laurie Gearheart
Director of Finance and Management Services
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Ordinance authorizing the refinancing of Virginia Resources Authority (VRA) Series
2013B lease revenue bonds
BACKGROUND:
The VRA will be bringing their fall pooled bond issue to market in October of this year.
They have let us know of a potential refunding opportunity related to our Series 2013B
VPFP loan.
A refunding occurs when the proceeds of a new debt issue are used to retire previously
issued debt. This loan is now currently callable and can be refunded with tax-exempt
bonds.
DISCUSSION:
This refunding opportunity has been reviewed with our financial advisors and currently
they recommend we participate in the VRA fall pooled bond issue to take advantage of
the projected savings.
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The attached ordinance authorizes the County of Roanoke to refund previously issued
2013 revenue bonds and provide for annual debt service savings. This ordinance
provides that the bonds shall result in net debt service savings as a percentage of the
principal amount of the refunded bonds of at least three percent (3%) on a present
value basis.
If the net present value savings on the refunding would drop below three percent (3%)
of the refunded principal amount, then the refunding loan application can be pulled as
late as the week of pricing which is the week of October 23rd.
At that point, the VRA would not include the County's loan in the fall pool if at least the
minimum level of savings can't be generated as specified in the County's attached
authorizing ordinance.
FISCAL IMPACT:
The callable bonds available for refunding total $10.995 million and are projected to
yield a present value savings of four point three percent (4.3%) based on current market
conditions.
Attachment A outlines the projected savings.
Issuance costs associated with the refunding are estimated to be around $60,000.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of the ordinance and requests
scheduling the second reading for September 26, 2023.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 12, 2023
ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
ROANOKE, VIRGINIA APPROVING THE REFINANCING OF A LEASE
TRANSACTION THAT ORIGINALLY FINANCED VARIOUS CAPITAL
PROJECTS FOR THE COUNTY AND AUTHORIZING THE CONTINUED
LEASING OF CERTAIN COUNTY-OWNED PROPERTY, THE
EXECUTION AND DELIVERY OF A PRIME LEASE AND A LOCAL
LEASE ACQUISITION AGREEMENT AND FINANCING LEASE, AND
OTHER RELATED ACTIONS
WHEREAS, by Ordinance 062513-9, adopted June 25, 2013, the Board of
Supervisors (the "Board") of the County of Roanoke, Virginia (the "County"), authorized
the financing of various capital improvements, including the construction and equipping
of the Vinton Library, other capital projects of the County and the costs associated with
the financing (collectively, the "Projects");
WHEREAS, to arrange for the financing of the Projects, the Board entered into (1)
an Amended and Restated Prime Lease dated as of June 27, 2013 (the "Original Prime
Lease"), between the County and the Virginia Resources Authority ("VRA"), and (2) a
Local Lease Acquisition Agreement and Amended and Restated Financing Lease dated
as of June 27, 2013 (the "Original Financing Lease"), between the County and VRA;
WHEREAS, VRA provided the funds to enter into the Prime Lease and the
Financing Lease from the proceeds of its Infrastructure and State Moral Obligation
Revenue Bonds (Virginia Pooled Financing Program), Series 2013B (the "2013 VRA
Bonds");
WHEREAS, VRA has advised the County that, subject to market conditions, the
County can reduce the amounts payable by the County under the Original Financing
Lease by entering into a refinancing transaction whereby VRA will refinance some or all
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of the 2013 VRA Bonds allocable to the Original Financing Lease (the "Refinancing
Transaction");
WHEREAS, the Board, has determined that it is in the best interest of the County
to pursue the Refinancing Transaction;
WHEREAS, the Board is authorized, pursuant to Section 15.2-1800 of the Code
of Virginia of 1950, as amended, to lease any improved or unimproved real estate held
by the County;
WHEREAS, the first reading of this ordinance was held on September 12, 2023,
and the second reading was held on September 26, 2023;
WHEREAS, VRA intends to issue its Infrastructure and State Moral Obligation
Revenue Bonds (Virginia Pooled Financing Program), Series 2023B (the "VRA Bonds"),
and to provide a portion of the proceeds to the County to enter into the Refinancing
Transactions pursuant to the terms of a Second Amended and Restated Local Lease
Acquisition Agreement and Financing Lease (or similar agreement, the "Financing
Lease"), between the County and VRA;
WHEREAS, the County will enter into a Second Amended and Restated Prime
Lease (or similar agreement, the "Prime Lease") with VRA whereby the County will
continue to lease the property subject to the Original Prime Lease and the Original
Financing Lease (the public safety building) (the "Real Estate") and the associated
improvements and property located thereon (the "Improvements") to VRA;
WHEREAS, the County will enter into the Financing Lease with VRA pursuant to
which VRA will lease the Real Estate and the Improvements back to the County and the
County will make rental payments corresponding in amount and timing to the debt service
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on the portion of the VRA Bonds issued to effect the Refinancing Transaction (the "Rental
Payments");
WHEREAS, the County intends to pay the Rental Payments out of appropriations
from the County's General Fund;
WHEREAS, the Financing Lease shall indicate a proceeds requested (the
"Proceeds Requested") of an amount sufficient to effect the Refinancing Transaction
(subject to the parameters below) plus an amount necessary to pay the costs of closing
the Refinancing Transaction (or such other amount as requested by the County and
approved by VRA prior to the pricing of the VRA Bonds);
WHEREAS, VRA's objective is to pay the County an amount which, in VRA's
judgment, reflects the market value of the Rental Payments under the Financing Lease
(the "VRA Purchase Price Objective"), taking consideration of such factors as the
purchase price to be received by VRA for the VRA Bonds, the issuance costs of the VRA
Bonds (consisting of the underwriters' discount and other costs incurred by VRA
(collectively, the "VRA Costs")) and other market conditions relating to the sale of the
VRA Bonds;
WHEREAS, such factors may result in the County receiving an amount other than
the par amount of the aggregate principal components of the Rental Payments under the
Financing Lease and consequently the aggregate principal components of the Rental
Payments under the Financing Lease may be greater than the Proceeds Requested in
order to receive an amount of proceeds that is substantially equal to the Proceeds
Requested; and
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WHEREAS, the Prime Lease and the Financing Lease are referred to herein as
the "Documents."
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Approval of Lease-Leaseback Arrangement. The lease-leaseback
arrangement with VRA to accomplish the Refinancing Transaction is hereby approved.
The County Administrator is authorized to determine the Real Estate and Improvements,
as may be required by VRA, to be subject to the lease-leaseback arrangement.
2. Approval of Prime Lease. The leasing of the Real Estate and the
Improvements by the County, as lessor, to VRA, as lessee, pursuant to the terms of the
Prime Lease is hereby approved. The Prime Lease shall be in substantially the same
form as the Original Prime Lease with such additions or changes as may be necessary
or advisable to document the Refinancing Transaction.
3. Approval of the Financing Lease. The leasing of the Real Estate and the
Improvements by VRA, as lessor, to the County, as lessee, pursuant to the terms of the
Financing Lease is hereby approved. The Financing Lease shall be in substantially the
same form as the Original Financing Lease with such additions or changes as may be
necessary or advisable to document the Refinancing Transaction.
4. Approval of the Terms of the Rental Payments.
(a) The Rental Payments set forth in the Financing Lease shall be
subject to the foregoing parameters: the Financing Lease shall be issued and sold
to or at the direction of VRA on terms that VRA shall determine subject to the
Purchase Price Objective and market conditions described in the Recitals hereof;
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provided that (1) the Refinancing Transaction shall generate at least a 3% net
present value savings of the principal amount being refinanced and (2) the final
Rental Payment shall occur in a fiscal year not later than the final Rental Payment
due under the Original Financing Lease.
(b) It is determined to be in the best interest of the County to accept the
offer of VRA to enter into the Financing Lease with the County for an amount
determined by VRA to be fair, subject to the conditions set forth in this Ordinance,
which Financing Lease shall be executed by the Chairman of the Board (the
"Chairman") and the County Administrator, or either of them.
(c) The Chairman and the County Administrator, either of whom may
act, are hereby authorized and directed to enter into the Financing Lease.
(d) The actions of the Chairman and the County Administrator in
accepting the final terms of the Rental Payments shall be conclusive, and no
further action shall be necessary on the part of the Board.
5. Other Payments under Financing Lease. The County agrees to pay all
amounts required by the Financing Lease, including any amounts required by Section
5.1(b) of the Financing Lease, including the "Supplemental Interest," as provided in such
section.
6. Execution and Recordation of Documents. The Chairman and the
County Administrator, either of whom may act, are authorized and directed to execute the
Documents and deliver them to the other parties thereto. The Chairman and the County
Administrator, either of whom may act, are further authorized to cause the Documents, to
be recorded in the Clerk's Office of the Circuit Court of Roanoke County.
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7. Form of Documents. The County Administrator or the Chairman are each
authorized and directed to determine the form of the Documents; provided the Documents
and not inconsistent with this Resolution and are each authorized to execute the
Documents in substantially such form. The execution and delivery of the Documents shall
be conclusive evidence of the officer's approval.
8. Essentiality of the Projects and Real Estate. The Projects, the Real
Estate and the Improvements are hereby declared to be essential to the efficient
operation of the County, and the County anticipates that the Projects, the Real Estate and
the Improvements will continue to be essential to the operation of the County during the
term of the Financing Lease.
9. Annual Budget. While recognizing that it is not empowered to make any
binding commitment to make Rental Payments and any other payments required under
the Financing Lease beyond the current fiscal year, the Board hereby states its intent to
make annual appropriations for future fiscal years in amounts sufficient to make all such
payments and hereby recommends that future Boards do likewise during the term of the
Financing Lease. The Board directs the County Administrator, or such other officer who
may be charged with the responsibility for preparing the County's annual budget, to
include in the budget request for each fiscal year during the term of the Financing Lease
an amount sufficient to pay the Rental Payments and all other payments coming due
under the Financing Lease during such fiscal year. If at any time during any fiscal year
of the County throughout the term of the Financing Lease, the amount appropriated in the
County's annual budget in any such fiscal year is insufficient to pay when due the Rental
Payments and any other payments required under the Financing Lease, the Board directs
Page 6 of 9
the County Administrator, or such other officer who may be charged with the responsibility
for preparing the County's annual budget, to submit to the Board at the next scheduled
meeting, or as promptly as practicable but in any event within 45 days, a request for a
supplemental appropriation sufficient to cover the deficit.
10. Rental Payments Subject to Appropriation. The County's obligation to
make the Rental Payments and all other payments pursuant to the Financing Lease is
hereby specifically stated to be subject to annual appropriation therefor by the Board, and
nothing in this Ordinance or the Documents shall constitute a pledge of the full faith and
credit nor taxing power of the County or compel the Board to make any such
appropriation.
11. Disclosure Documents. The County authorizes and consents to the
inclusion of information with respect to the County to be contained in VRA's Preliminary
Official Statement and VRA's Official Statement in final form, both to be prepared in
connection with the sale of the VRA Bonds. If appropriate, such disclosure documents
shall be distributed in such manner and at such times as VRA shall determine. The
County Administrator is authorized and directed to take whatever actions are necessary
and/or appropriate to aid VRA in ensuring compliance with Securities and Exchange
Commission Rule 15c2-12.
12. Tax Documents. The County Administrator and the Director of Finance
and Management Services, either of whom may act, is authorized to execute a
Nonarbitrage Certificate and Tax Compliance Agreement and/or any related document
(the "Tax Documents") setting forth the expected use and investment of the proceeds of
the VRA Bonds to be received pursuant to the Documents and containing such covenants
Page 7 of 9
as may be necessary in order for the County and/or VRA to comply with the provisions of
the Internal Revenue Code of 1986, as amended (the "Tax Code"), with respect to the
VRA Bonds and the Documents including the provisions of Section 148 of the Tax Code
and applicable regulations relating to "arbitrage bonds." The County covenants that the
proceeds of the VRA Bonds to be received pursuant to the Documents will be invested
and expended as set forth in the Tax Documents, to be delivered simultaneously with the
issuance and delivery of the Financing Lease and that the County shall comply with the
other covenants and representations contained therein.
13. Other Actions. All other actions of the officers of the County in conformity
with the purpose and intent of this Ordinance are hereby approved and confirmed. The
officers of the County are hereby authorized and directed to execute and deliver all
certificates and instruments and to take all such further action as may be considered
necessary or desirable in connection with the execution and delivery of the Documents.
14. SNAP Investment Authorization. The County has heretofore received
and reviewed the Information Statement (the "Information Statement") describing the
State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract
Creating the State Non-Arbitrage Program Pool I (the "Contract"), and the County has
determined to authorize the Director of Finance and Management Services to utilize
SNAP in connection with the investment of the proceeds of the lease-leaseback
transaction if the Director of Finance and Management Services determines that the
utilization of SNAP is in the best interest of the County. The Board acknowledges that
the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way
Page 8 of 9
liable to the County in connection with SNAP, except as otherwise provided in the contract
creating the investment program pool.
15. Evidence of Approval. The approval or determination of all the details and
provisions of the Documents and all other documents, instruments or certificates
executed under the authority of this Resolution shall be evidenced conclusively by the
execution and delivery of the Documents or other items b the officer or officers authorized
hereby.
16. Further Actions. The Board hereby authorizes and directs the County
Administrator and the Director of Finance and Management Services and such other
officers and agents of the County as may be designated by either of them to take any
further actions as they deem necessary or advisable regarding the Documents and the
execution, delivery and performance of the Documents and closing documents and
certificates. All such actions previously taken by the officers and agents of the County
are ratified and confirmed. The Board hereby designates the County Administrator and
the Director of Finance and Management Services as the County's authorized
representatives for purposes of the Financing Lease.
17. Effective Date. This Ordinance shall take effect immediately.
Page 9 of 9
SAVINGSBYMATURITY
RoanokeCounty
RoanokeCountyRefundingofVRABonds(Series2013B)
BasedonratesasofAugust29,2023
PreliminaryandSubjecttoChange
Adjusted
MaturityInterestParAdjustedSavings
BondDateRateAmountSavingsPercent
R13B_JR,VRAMoralObligationBonds,Series2013B,13B_JR:
SERIAL11/01/20244.000%390,000.00742.960.191%
11/01/20254.000%410,000.001,865.110.455%
11/01/20264.000%425,000.006,246.541.470%
11/01/20274.000%450,000.0011,466.702.548%
11/01/20284.000%480,000.0016,552.593.448%
11/01/20294.000%490,000.0019,251.073.929%
11/01/20304.125%155,000.008,343.035.383%
11/01/20314.250%160,000.0011,091.026.932%
11/01/20324.250%170,000.0012,957.927.622%
11/01/20334.250%170,000.0014,000.218.235%
3,300,000.00101,031.22
R13B_SR,VRAInfrastructureRevenueBonds,Series2013B,13B_SR:
SERIAL11/01/20244.000%920,000.001,223.920.133%
11/01/20255.000%950,000.0022,177.382.334%
11/01/20265.000%1,000,000.0043,048.924.305%
11/01/20275.000%1,050,000.0066,379.886.322%
11/01/20285.000%1,095,000.0088,957.908.124%
11/01/20294.000%1,155,000.0048,448.614.195%
11/01/20304.000%355,000.0017,394.224.900%
11/01/20314.000%375,000.0020,837.325.557%
11/01/20324.125%385,000.0027,145.107.051%
11/01/20334.250%410,000.0035,536.228.667%
368,701.63
7,695,000.00
10,995,000.00469,732.85
Note:CalculatedUsingRemainingMaturities
Aug30,20231:58pmPreparedbyRaymondJames
SAVINGS
RoanokeCounty
RoanokeCountyRefundingofVRABonds(Series2013B)
BasedonratesasofAugust29,2023
PreliminaryandSubjecttoChange
PresentValue
PriorRefundingRefundingRefundingto11/15/2023
DateDebtServiceDebtServiceExpensesNetCashFlowSavings@3.1605869%
06/30/2024248,721.89237,818.055,945.45243,763.504,958.394,887.21
06/30/20251,780,425.031,715,000.0012,125.011,727,125.0153,300.0251,885.12
06/30/20261,770,606.281,712,000.0010,550.011,722,550.0148,056.2745,348.58
06/30/20271,768,415.661,706,000.008,900.011,714,900.0153,515.6548,920.96
06/30/20281,772,837.541,711,625.007,165.631,718,790.6354,046.9147,875.36
06/30/20291,773,690.661,713,500.005,337.501,718,837.5054,853.1647,081.06
06/30/20301,771,803.161,716,500.003,412.501,719,912.5051,890.6643,085.53
06/30/2031592,259.40535,750.002,143.75537,893.7554,365.6543,733.56
06/30/2032595,409.39537,625.001,565.63539,190.6356,218.7643,815.76
06/30/2033592,275.01533,375.00959.38534,334.3857,940.6343,753.91
06/30/2034592,687.50533,000.00325.00533,325.0059,362.5043,436.27
13,259,131.5212,652,193.0558,429.8712,710,622.92548,508.60463,823.32
SavingsSummary
PVofsavingsfromcashflow463,823.32
Plus:Refundingfundsonhand5,909.53
NetPVSavings469,732.85
Aug30,20231:58pmPreparedbyRaymondJames
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 12, 2023
AGENDA ITEM: Ordinance accepting the donation of approximately 1.4 acres
of real property located at 0 Garstview Circle (Roanoke
County Tax Map Number 076.12-09-13.00-0000), Windsor
Hills Magisterial District
SUBMITTED BY: Rachel Lower
Senior Assistant County Attorney
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
The owner of 0 Garstview Circle, Mary Elizabeth Radford, wishes to donate the said
property to the Board of Supervisors of Roanoke County, Virginia to be held for public
use.
BACKGROUND:
Mary Elizabeth Radford owns a 1.4 acre parcel located at 0 Garstview Circle in
Roanoke County. The property contains an existing asphalt path (Garst Mill Park
Greenway) and portions of Mud Lick Creek run through it. The County owns an existing
County owns a Public Access Trail
easement encompasses the sanitary sewer easement.
DISCUSSION:
Mrs. Radford wishes to donate the property to the Board of Supervisors of Roanoke
County, Virginia for public use. Roanoke County staff engaged with ECS Mid-Atlantic,
LLC who conducted an environmental site assessment on the property. The
environmental site assessment revealed no evidence of recognized environmental
conditions, controlled recognized environmental conditions, or significant data gaps in
Page 1 of 2
connection with the property.
There have been no changes since the first reading of this ordinance on August 22,
2023.
FISCAL IMPACT:
There is no funding necessary to accept this donation of real property.
STAFF RECOMMENDATION:
Staff recommends that the Board approve the attached ordinance.
Page 2 of 2
PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney
VSB # 88094
Office of the County Attorney
5204 Bernard Drive
Roanoke, Virginia 24018
RETURN TO:
Office of the County Attorney
5204 Bernard Drive
Roanoke, Virginia 24018
Consideration: $0.00
Assessed Value: $1,400.00 (based upon Roanoke County 2022 real estate tax
assessment)
Title Insurance: None
Roanoke County Tax Map Number: 076.12-09-13.00-0000
This instrument is exempt from the imposition of recordation taxes pursuant to Virginia Code § 58.1-
811(A)(3) and § 58.1-811(D), and exempt from the imposition of fees for services rendered by a clerk or
other court officer pursuant to Virginia Code § 17.1-266
THIS DEED OF GIFT, made and entered into the_____ day of ________________,
2023, by and between MARY ELIZABETH RADFORD, Grantor, and the BOARD OF
.
e
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the
l
t
i
t
f
o
n
Commonwealth of Virginia, Grantee.
o
i
t
a
n
i
W I T N E S S E T H:
m
a
x
e
n
WHEREAS, the parcel of real estate that is the subject of this Deed of Gift (the
a
f
o
t
i
f
e
was granted to Frank R. Radford and Mary Elizabeth Radford, husband and
n
e
b
e
h
wife, as tenants by the entirety, with the right of survivorship as at common law, by deed
t
t
u
o
h
t
i
dated February 27, 2002 and
w
d
e
r
a
Court on March 25, 2002 as Instrument #200205670; and
p
e
r
p
n
WHEREAS, Frank R. Radford departed this life on October 21, 2022, vesting fee
e
e
b
s
a
h
simple title to the Property in his surviving spouse, Mary Elizabeth Radford; and
d
e
e
d
s
WHEREAS, the Property is now owned solely by Mary Elizabeth Radford, and Mary
i
h
T
Elizabeth Radford has full authority to execute this Deed of Gift; and
1
WHEREAS, the Property is undeveloped with the exception of a public access trail
which currently exists on the Property; and
WHEREAS, Mary Elizabeth Radford wishes to donate the Property to the Board of
Supervisors of Roanoke County, Virginia for public use; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia desires to
acquire the Property for public use; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of ONE
DOLLAR ($1.00) cash in hand paid by Grantee unto Grantor, and other good and valuable
consideration, the receipt whereof is hereby acknowledged, Grantor does hereby bargain,
sell, grant and convey with General Warranty and Modern English Covenants of Title unto
Grantee, all of the following lot or parcel of land lying and being in the County of Roanoke,
Commonwealth of Virginia, and more particularly described as follows:
All that parcel of land consisting of 1.4076 acres, more or less, as shown and
described as
SUBDIVISION OF (13.849 AC.) THE PROPERTY OF RADFORD &
COMPANY D.B.
1658) WINDSOR HILLS MAGISTERIAL DISTRICT ROANOKE
prepared by Lumsden Associates, P.C. dated May
10, 2001 and recorded in the
Court in Plat Book 24, Page 86.
BEING the same property conveyed to Frank R. Radford and Mary Elizabeth
Radford, husband and wife, as tenants by the entirety, with the right of
survivorship as at common law, by deed dated February 27, 2002 and
25, 2002 as Instrument #200205670.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever.
This deed is made subject to all easements, reservations, restrictions, and conditions
of record affecting the hereinabove-described Property.
2
In compliance with the provisions of § 18.04 of the Roanoke County Charter, the
Board of Supervisors of Roanoke County, Virginia approved the acquisition of the Property
subject to this Deed of Gift by Ordinance #_______________ adopted by the Board of
Supervisors of Roanoke County, Virginia on _______________.
In compliance with the provisions of Virginia Code § 15.2-1803, this Deed of Gift is
in the form approved by the County Attorney for the County of Roanoke, and furthermore
is executed by Richard L. Caywood, County Administrator, on behalf of the Board of
Supervisors of Roanoke County, Virginia pursuant to Ordinance #_______________
adopted by the Board of Supervisors of Roanoke County, Virginia on _______________.
WITNESS the following signatures and seals:
\[Signatures and Notary Acknowledgement on Following Page\]
3
MARY ELIZABETH RADFORD
(SEAL)
COMMONWEALTH OF VIRGINIA
CITY / COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2023, by MARY ELIZABETH RADFORD.
Notary Public
Commission Expires:
Registration Number:
\[Signatures and Notary Acknowledgement on Following Page\]
4
BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, a political subdivision of the
Commonwealth of Virginia
By:
Richard L. Caywood, County Administrator
COMMONWEALTH OF VIRGINIA
CITY / COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this _____ day of
___________, 2023, by Richard L. Caywood, County Administrator, on behalf of the
BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political
subdivision of the Commonwealth of Virginia, Grantee.
Notary Public
Commission Expires:
Registration Number:
Approved as to form:
(SEAL)
County Attorney
5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, SEPTEMBER 12, 2023
ORDINANCE ACCEPTING THE DONATION OF APPROXIMATELY 1.4
ACRES OF REAL PROPERTY LOCATED AT 0 GARSTVIEW CIRCLE
(ROANOKE COUNTY TAX MAP NUMBER 076.12-09-13.00-0000),
WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, Mary Elizabeth Radford is the owner of approximately 1.4 acres of
property located at 0 Garstview Circle in Roanoke County and further identified as
Roanoke County Tax Map Number 076.12-09-13.00-0000 ;
and
WHEREAS, the Property contains an existing public access trail (Garst Mill Park
Greenway) and portions of Mud Lick Creek run through the Property; and
WHEREAS, the County o
Property and also a greenway easement on the Property; and
perpetual maintenance of the above referenced public access trail which is located on
the Property; and
WHEREAS, Mary Elizabeth Radford wishes to donate this Property to the Board of
Supervisors of Roanoke County as a gift for the purpose of public use; and
WHEREAS, the property to be donated is undeveloped with the exception of the
above referenced public access trail; and
WHEREAS, the Board of Supervisors of Roanoke County desires to accept the
donation of the Property; and
WHEREAS, the Board of Supervisors of Roanoke County has determined that it
is in the public interest to accept the donation of the Property; and
Page 1 of 2
WHEREAS, § 18.04 of the Roanoke County Charter directs that the acquisition
and conveyance of real estate interests be accomplished by ordinance; the first reading
of this ordinance was held on August 22, 2023, and the second reading was held on
September 12, 2023;
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, as follows:
1. The acquisition by donation of approximately 1.4 acres located at 0 Garstview
Circle in Roanoke County and further identified as Roanoke County Tax Map
Number 076.12-09-13.00-0000 is hereby authorized and approved.
2. The County Administrator, Deputy County Administrator, or Assistant County
Administrator are hereby authorized to execute such documents, including
but not limited to the Deed of Gift and any other incidental documents
required for this acquisition and to take such actions on behalf of Roanoke
County in this matter as are necessary to accomplish the acquisition of this
real estate, 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. 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 12, 2023
AGENDA ITEM: Ordinance vacating a section of an unimproved right-of-way
referred to as Britaney Road located in a southeasterly
direction of the intersection of Britaney Road (Route 1224)
and Setter Road (Route 1221), Hollins Magisterial District
SUBMITTED BY: Phil C. North
Supervisor
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Roanoke County currently owns a small unimproved right-of-way located in a
southeasterly direction of the intersection of Britaney Road and Setter Road, and the
County has no plans to use such right-of-way in the future. Hollins Magisterial District
Supervisor North has requested that the right-of-way be vacated and disposed of by
law.
BACKGROUND:
Roanoke County owns a small piece of land (6,250 square feet) extending from
Britaney Road which is located just
1979 to create the Huntridge subdivision, and at the time of the subdivision, the small
6,250 square foot piece of land
public use.
The County Property was never developed, and was never held out for the public as a
right-of-way. It is bordered by two residential properties; one is owned by Misty and
Lawrence Otey, and the other is owned by Yi-Jung Liu and Michael Wu. These
residential property owners were under the reasonable (but mistaken) impression that
the Property was conveyed to them in 1996, and have jointly maintained the Property
since that time. The Property is also bordered by a large undeveloped property owned
Page 1 of 4
by Roanoke County Land Venture, Inc. The Roanoke County Land Venture Inc.
property is zoned for commercial use, with conditions.
This is not the first time the Board has considered a vacation of this public right-of-way.
On March 22, 1996, Mr. Charles R. Simpson, President of Roanoke County Land
Venture, Inc. submitted a written request that Roanoke County vacate the same portion
of right-of-way which is the subject of this agenda item. In his letter requesting the
vacation in 1996, Mr. Simpson wrote as follows:
· "I have discussed this with the property owner of Lot 9 and the purchaser of Lot 1
· -
copy of the letter is attached to this Board Report and also as an exhibit to the proposed
ordinance.
As a result of the 1996 request from Roanoke County Land Venture, Inc. the Board
acted by ordinance in an attempt to vacate this portion of Britaney Road. County
records show that County staff received no objections to this previous vacation request.
On May 14, 1996, by Ordinance 052896-19, the Board voted unanimously to approve
this vacation, but included the following requirement in the ordinance:
·
hereby
subject to the following conditionsThe vacated area of
land shall be added and combined, by deed or by plat, to the adjoining
properties as provided by law and petitioner shall comply with the Roanoke
County Subdivision Ordinance, the Roanoke County Zoning Ordinance, and
other applicable laws, regulations and requirements, including recordation of
the necessary documents, in connection with this vacation or subsequent
Roanoke County Land Venture Inc. never took the necessary steps to satisfy the
condition of Ordinance 052896-19 requiring Roanoke County Land Venture, Inc. to add
and combine the vacated area of land to the adjoining properties, and to record a deed
or plat amongst the Roanoke County Circuit Court land records as such. It is reasonable
to conclude, insofar as the vacation was requested by Roanoke County Land Venture,
Inc., that this failure to file the required deed or plat was an inadvertent oversight on
their part. It is also reasonable to conclude that the neighboring property owners
reasonably relied upon the request by Roanoke County Land Venture, Inc. and the
1996 action by the Board in believing that they were the rightful owners of the subject
property that was to be vacated, and also leading them to believe they were rightfully
Page 2 of 4
maintaining the subject property since that time.
recordation of the necessary documents to have the subject property combined with the
neighboring properties satisfied, Ordinance 052896-19 dated May 14, 1996 is null and
void. A copy of that previous ordinance is attached to this Board Report and also as an
exhibit to the proposed ordinance.
DISCUSSION:
Hollins Magisterial District Supervisor North has asked County staff to explore the
manner in which this Property could be vacated by the County, which would remove the
possibility that the Property would be developed as an extension of the public road in
the future. Adjacent landowner Mrs. Otey has reached out to Roanoke County and is in
support of this vacation. She is concerned with the prospect of a public road mere feet
from her kitchen window, and with the accompanying traffic, in the event the right-of-
way is ever developed. Adjacent landowner Roanoke County Land Venture, Inc.,
despite their prior 1996 request, is not in support of this vacation; they had apparently
forgotten of their prior request (and Board approval) that the County vacate this
property. Upon information and belief, they may wish to request that the County allow
this property to be used to access future development on their parcel.
Virginia law dictates that in cases where any lot has been sold (as is the present case),
part of a subdivision plat may be vacated by ordinance of the Board on motion of one of
its members (Virginia Code § 15.2-2272). The recordation of the ordinance shall
operate to destroy the force and effect of the recording of the part of the plat so vacated,
and to vest fee simple title to the centerline of any streets, alleys or easements for
public passage so vacated in the owners of abutting lots free and clear of any rights of
the public or other owners of lots shown on the plat, but subject to the rights of the
owners of any public utility installations which have been previously erected therein
(Virginia Code § 15.2-2274).
During the 1996 Board action, County records show that County staff received requests
from American Electric Power, Roanoke Gas Company, and the Roanoke County Utility
Department (which in 1996 was charged with providing water and sewer service to the
citizens of Roanoke County prior to the creation of the Western Virginia Water Authority)
to retain the right-of-way as a combined public utility easement and a water and sewer
easement.
The existing 50' unimproved public right-of-way contains a 2" water and gas line. This
requires that an easement be retained for future maintenance to include the right to cut,
trim, or otherwise control trees or other obstructions near utilities and the right to ingress
and egress for maintenance and new construction for any future upgrades. Therefore,
Page 3 of 4
County staff recommends that a public utility easement for utilities be reserved. This can
be done by recordation of the attached proposed ordinance and the attached "Exhibit
A."
There have been no changes since the first reading held August 22, 2023.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
STAFF RECOMMENDATION:
Staff recommends approval of the attached ordinance.
Page 4 of 4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 12, 2023
ORDINANCE VACATING A SECTION OF AN UNIMPROVED RIGHT-OF-
WAY REFERRED TO AS BRITANEY ROAD LOCATED IN A
SOUTHEASTERLY DIRECTION OF THE INTERSECTION OF BRITANEY
ROAD (ROUTE 1224) AND SETTER ROAD (ROUTE 1221), HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, Roanoke County owns a small piece of land (6,250 square feet)
extending from Britaney Road which is located just off of Challenger Avenue/Route 460
WHEREAS, the County Property was part of a piece of property that was
subdivided in 1979 to create the Huntridge subdivision, and at the time of the subdivision
the small 6,250 square foot piece of land was dedicated to the County as a public right-
of-way to hold for public use; and
WHEREAS, the County Property was never developed, and was never held out
for the public as a right-of-way; and
WHEREAS, on March 22, 1996, Mr. Charles R. Simpson, President of Roanoke
County Land Venture, Inc. (the original developer of the Huntridge subdivision) submitted
a written request that Roanoke County vacate this same portion of right-of-way, which is
the subject of this ordinance (a copy of the written request dated March 22, 1996 is
attached hereto as Exhibit B); and
WHEREAS, as a result of the written request attached hereto as Exhibit B, on May
14, 1996, the Board approved Ordinance 052896-19 and voted unanimously to vacate
the portion of the plat creating this right-of-way, but made the vacation subject to the
following condition: vacated area of land shall be added and combined, by deed or
Page 1 of 5
by plat, to the adjoining properties as provided by law and petitioner shall comply with the
Roanoke County Subdivision Ordinance, the Roanoke County Zoning Ordinance, and
other applicable laws, regulations and requirements, including recordation of the
necessary documents, in connection with this vacation or subsequent subdivision of the
(a copy of Ordinance 052896-19 is attached hereto as Exhibit C); and
WHEREAS, Roanoke County Land Venture Inc. never took the necessary steps
to satisfy the condition of Ordinance 052896-19 requiring Roanoke County Land Venture,
Inc. to add and combine the vacated area of land to the adjoining properties, and to record
a deed or plat amongst the Roanoke County Circuit Court land records as such; and
WHEREAS, it is reasonable to conclude, insofar as the vacation was requested by
Roanoke County Land Venture, Inc., that this failure to record the required deed or plat
was an inadvertent oversight on their part; and
WHEREAS, it is also reasonable to conclude that the neighboring property owners
reasonably relied upon the request by Roanoke County Land Venture, Inc. and the 1996
action by the Board in believing that they were the rightful owners of the subject property
that was to be vacated, and also leading them to believe they were rightfully maintaining
the subject property since that time; and
WHEREAS,
recordation of the necessary documents to have the subject property combined with the
neighboring properties satisfied, Ordinance 052896-19 dated May 14, 1996 is null and
void; and
WHEREAS, Hollins Magisterial District Supervisor Phil North has requested that
the Board dispose of the County Property and legally vacate and close the section of
Page 2 of 5
unimproved right-of-way referred to as Britaney Road located southeasterly of the
intersection of Britaney Road (Route 1224) and Setter Road (Route 1221), measuring
fifty feet (
between Lot 1, Block 3, and Lot 9, Block 1, in Section No. 1, Huntridge; and
WHEREAS, the existing 50' unimproved, right-of-way contains a 2" water and gas
line, therefore retention of an easement is needed for future maintenance of these public
utilities and for any public utilities that may be needed in the future; and
WHEREAS, the County Property is bordered by three adjacent parcels, all of which
have access for ingress and egress from alternate and existing public rights-of-ways; and
WHEREAS, the County is not currently using the existing 50' excess public right-
of-way and has no plans to use such right-of-way in the future,
ownership of the County Property is not necessary or required for the best interests of the
County, and the County finds that no public inconvenience will result from vacating the
-of-way; and
WHEREAS, Virginia Code § 15.2-2272 allows for this vacation to be accomplished
by the adoption of an ordinance by the governing body; and
WHEREAS, notice has been given as required by Virginia Code § 15.2-2204; and
WHEREAS, § 18.04 of the Roanoke County Charter directs that the acquisition
and disposition of real estate interests be accomplished by ordinance; the first reading of
this ordinance was held on August 22, 2023, and the second reading and public hearing
were held on September 12, 2023;
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County
of Roanoke, Virginia as follows:
Page 3 of 5
1. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, an unimproved right-of-way referred to as Britaney Road located
southeasterly of the intersection of Britaney Road (Route 1224) and Setter
and Lot 9, Block 1, in Section No. 1, Huntridge, is hereby declared to be
surplus.
2. That the portion of the plat for Huntridge, Section 1, recorded in the land
Page 200 setting forth an unimproved right-of-way referred to as Britaney
Road located southeasterly of the intersection of Britaney Road (Route
Lot 1, Block 3, and Lot 9, Block 1, in Section No. 1, Huntridge be, and hereby
is, vacated pursuant to Virginia Code § 15.2-2272 and as shown on the
attached . However, an
easement to locate, relocate, repair, replace, maintain, and perpetually
operate all public utilities currently located therein or needed by the County
of Roanoke in the future is hereby reserved unto the County of Roanoke
and the construction of a permanent structure over any utility line without
the prior written approval of the County of Roanoke is prohibited.
3. That the County of Roanoke relinquishes any interest it may have acquired
in the vacated right-of-way, other than the above-reserved utitlity easement,
Page 4 of 5
and fee simple title to the said vacated right-of-way shall vest as provided
for by law.
4. That the County Administrator, Deputy County Administrator, or Assistant
County Administrator, is hereby authorized to execute such documents and
take such actions as may be necessary to accomplish the provisions of this
ordinance, all which shall be on form approved by the County Attorney.
5. That this ordinance shall be effective thirty days from its adoption, and a
Circuit Court of Roanoke County, Virginia, in accordance with Virginia Code
§ 15.2-2272.
Page 5 of 5
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 12, 2023
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:
Robert Arthu
expired June 30, 2022. Mr. Arthur does not wish to be reappointed.
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.
Greg Apostolou's four-year term on the EDA will expire on September 26, 2023.
Supervisor North has recommended by Apostolou be reappointed to an additional
four-year term. Confirmation has been placed on the Consent Agenda.
3. Roanoke County Library Board (appointed by District):
Supervisor David Radford has recommended Helen Barrier represent the Windsor
Hills Magisterial District. This is a four-year term and will expire December 31,
2027.
Page 1 of 2
4. Roanoke County Parks, Recreation and Tourism Advisory Commission
(appointed by District):
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, SEPTEMBER 12, 2023
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for September
12, 2023, designated as Item H - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 10 inclusive, as follows:
1.Approval of minutes – June 13, 2023; June 27, 2023
2.Resolution requesting the Commonwealth Transportation Board name the
Diuguids Lane (Route 760) bridge over the Roanoke River as the "USN AWS1
James P. Buriak Memorial Bridge" and to erect signage, Catawba Magisterial
District
3.Confirmation of appointment to the Court Community Corrections Alcohol Safety
Action Program (ASAP) Policy Board, Roanoke County Economic Development
Authority (EDA)(District) and the Roanoke County Library Board (District)
4.Request to accept and allocate funds in the amount of $4,000 from the Virginia
Department of Emergency Management for the Public Safety Answering Points
(PSAP) Educational Grant Program
5. Ordinance authorizing the execution of an amendment to the Memorandum of
Understanding with Blue Ridge Behavioral Healthcare and other local
government entities governing the Marcus Alert Program for the Roanoke Valley
(First Reading and request for Second Reading)
6.Ordinance approving a permanent easement to the City of Salem for the
erection of a public bus shelter located at 305 East Main Street, Salem, Virginia
(the Roanoke County Courthouse property) (First Reading and request for
Second Reading)
7. Ordinance 1) accepting $170,709 from the Virginia Department of Rail and
Public Transportation and appropriating such funds to the County’s grant fund
Page 1of 2
for fiscal years 2024 and 2025 for expanded shuttle service to the National Park
Service’s McAfee Knob trailhead parking lot, and 2) reappropriating $42,677 of
County funds from the general fund to the grant fund for expanded shuttle
service to the McAfee Knob trailhead parking lot (Second Reading)
8. Ordinance 1) accepting funds in the amount of $465,091 from the Virginia
Department of Rail and Public Transportation and appropriating such funds to
the County’s grant fund for operation of the CORTRAN program, and 2)
reallocating $19,379 from the County’s general fund to the grant fund, for
operation of the CORTRAN program (Second Reading)
9. Ordinance authorizing the execution of an amendment to the Economic
Development Grant Agreement for fixed, wireless broadband service between
Roanoke County and B2X Online, Inc. (B2X) (Second Reading)
10. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Richard L. Gardner, Infrastructure Services Manager, upon his
retirement after more than twenty-five (25) years of service
Page 2of 2
ACTION NO.
ITEM NO. H.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 12, 2023
AGENDA ITEM: Resolution requesting the Commonwealth Transportation
Board name the Diuguids Lane (Route 760) bridge over the
Roanoke River as the "USN AWS1 James P. Buriak
Memorial Bridge" and to erect signage, Catawba Magisterial
District
SUBMITTED BY: Megan G. Cronise
Assistant Director of Planning
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
The Commonwealth Transportation Board (CTB) requires an updated resolution,
without a maximum amount of dedicated maintenance funding identified, in order for
Roanoke County to request renaming of the Diuguids Lane (Route 760) bridge over the
Roanoke River in memory of James P. "Jimmy" Buriak.
BACKGROUND:
Earlier this year Delegate McNamara's office conveyed a constituent's request to
rename the Diuguids Lane bridge over the Roanoke River in memory of AWS1 James
P. Buriak, United States Navy.
Naval Aircrewman Rescue Swimmer (AWS) Buriak was a Roanoke Valley resident and
a Roanoke College alumnus. He passed away when his helicopter crashed off the coast
of San Diego, California, on August 31, 2021.
DISCUSSION:
The Commonwealth Transportation Board (CTB) allows naming of bridges, highways
and interchanges at the request of a locality. The locality must fund the costs of
fabricating, installing and maintaining the recognition signs.
Page 1 of 2
The Virginia Department of Transportation (VDOT) Salem Residency proposed the
memorial sign wording which was agreed to by family members. VDOT also identified
appropriate locations for the proposed signs on both ends of the west side of the
Diuguids Lane bridge to minimize sight distance impacts for turning drivers.
FISCAL IMPACT:
Sign fabrication and installation is estimated to cost $2,500. VDOT anticipates sign
maintenance costs to be minimal. Funds were dedicated from the Board Contingency
account by the Board of Supervisors on June 13, 2023.
STAFF RECOMMENDATION:
Staff recommends adoption of the updated resolution.
Page 2 of 2
²
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, SEPTEMBER 12, 2023
RESOLUTION REQUESTING THE COMMONWEALTH
TRANSPORTATION BOARD NAME THE DIUGUIDS LANE (ROUTE 760)
AND TO ERECT SIGNAGE, CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has
received a request from Delegate Joseph McNamara to name the recently
rehabilitated Diuguids Lane (Route 760) bridge over the Roanoke River in memory
of Aircrewman Rescue Swimmer (AWS1) James P. Buriak, United States Navy; and
WHEREAS, AWS1 Buriak was a Roanoke Valley resident, a Roanoke College
alumnus and he passed away when his helicopter crashed off the coast of San Diego,
California, on August 31, 2021; and
WHEREAS, under Section 33.2-213 of the Code of Virginia, the Commonwealth
Transportation Board (CTB) allows naming of bridges, highways and interchanges at the
request of a locality when the locality commits to the costs of fabricating, installing and
maintaining the signs; and
WHEREAS, the sign size, location, color, font and other display details shall be
determined by the Virginia Department of Transportation (VDOT).
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the CTB and VDOT are hereby requested to name the Diuguids Lane
(Route 760) bridge over the Roanoke River in memory of AWS1 James P. Buriak, United
States Navy, and to erect signage in the public right-of-way of Route 760 in Roanoke
Page 1 of 2
County.
2. That the memorial signs shall conform to all applicable design standards as
designated by VDOT.
3. That Roanoke County shall pay all costs for the fabrication, installation and
maintenance of signs to name the bridge.
Page 2 of 2
ACTION NO.
ITEM NO. H.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 12, 2023
AGENDA ITEM: Confirmation of appointment to the Court Community
Corrections Alcohol Safety Action Program (ASAP) Policy
Board, Roanoke County Economic Development Authority
(EDA)(District) and the Roanoke County Library Board
(District)
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Confirmation of appointments.
BACKGROUND:
Court Community Corrections Alcohol Safety Action Program (ASAP) Policy
Board:
Staff has recommended his
reappointment to an additional three-year term, which will expire June 30, 2026.
Roanoke County Economic Development Authority (EDA)(District):
Supervisor Phil C. North has recommended Gregory Apostolou be reappointed to the
Roanoke County Economic Development Authority (EDA) to an additional four-year
term that will expire September 26, 2027.
Roanoke County Library Board (District):
Supervisor David Radford has recommended Helen Barrier represent the Windsor Hills
Magisterial District. This is a four-year term and will expire December 31, 2027.
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends confirmation of all appointments.
Page 2 of 2
ACTION NO.
ITEM NO. H.4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 12, 2023
AGENDA ITEM: Request to accept and allocate funds in the amount of
$4,000 from the Virginia Department of Emergency
Management for the Public Safety Answering Points (PSAP)
Educational Grant Program
SUBMITTED BY: Susan Slough
Director of Emergency Communications
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Request to accept and allocate funds in the amount of $4,000 in grant funding from the
Virginia Department of Emergency Management Public Safety Access Point (PSAP)
education program.
BACKGROUND:
The Virginia Department of Emergency Management awards grant funds from 911 user
taxes. The purpose of the program is to financially assist Virginia primary Public Safety
Answering Points (PSAPs) with the purchase of equipment, services and training that
support the continuity and enhancement of wireless E-911.
DISCUSSION:
Each year the Roanoke County E-911 Center has applied for, and been awarded, an
educational grant, provided by the Virginia E-911 Services Board. This grant is used to
offset the expense of training.
FISCAL IMPACT:
Awarded grant funds total $4,000. No local matching funds are required.
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends accepting and allocating $4,000 for the Public Safety Access Point
grant program to the Grant Fund.
Page 2 of 2
Dorothy Spears-Dean
Shawn Talmadge
Deputy State Coordinator
Chairman
VDEM
VDEM
(804) 840-7260
Hon Kevin W. Hall
Terry D. Mayo
Sheriff
911 Services Board Executive
Vice Chairman
Administrative Assistant
City of Covington
VDEM
(804) 718-9026
COMMONWEALTHofVIRGINIA
Randy McCabe
Treasurer
Virginia 9-1-1 Services Board
Comptroller
February 16, 2023
Dear Roanoke County PSAP:
Mary M. Blowe
I am pleased to advise you that the Virginia 9-1-1 Services Board has
Chief Financial Officer
City of Winchester
approved your FY24 PSAP Education Program (Individual PEP) grant
request. You have been awarded $4,000 for 9-1-1 and GIS education and
Thomas A. Bradshaw
Captain
training opportunities, Grant ID PEP-078. Funding for this grant award
Virginia State Police
will be available beginning July 1, 2023.
Gary Critzer
Emergency Mgmt/ EMS Dir
The Grant Payment Reimbursement Process is described in the PSAP
City of Waynesboro
Grant Guidelines. Payment will be made on a reimbursement basis only
Jeffrey Dodson
for allowable costs. All funding requests must be submitted on the PEP
Police Chief
City of Radford
Grant Payment Request Form. In order for the form to be processed,
invoice(s) that support the amount requested should be attached to the
Terry Ellis
Comcast
form when it is submitted. All invoices must be submitted within 30
calendar days of the end of the education/training event and dated after
R. Scott Garber
Fire Chief
July 1, 2023. Finally, grant payment requests will be held until all
City of Staunton
required reports are received. This includes annual true-ups, or any other
D. Terry Hall
documents required by the Board.
City of Yorktown
Pete Hatcher
If you have any questions, please do not hesitate to contact your Regional
AT&T
Coordinator or me via email.
Michelle Painter Lama
T Mobile
Congratulations on your grant award!
Matthew Ogburn
Verizon Comminications
Sincerely,
Robert Osmond
CIO - VITA
Judson W. Smith
Lisa Nicholson
Bedford County
Public Safety Program Specialist
Gabe Elias
SWIC
Advisor
Saving lives through effective emergency management and homeland security.
ACTION NO.
ITEM NO. H.5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 12, 2023
AGENDA ITEM: Ordinance authorizing the execution of an amendment to the
Memorandum of Understanding with Blue Ridge Behavioral
Healthcare and other local government entities governing
the Marcus Alert Program for the Roanoke Valley
SUBMITTED BY: Mary Beth Nash
Senior Assistant County Attorney
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
After execution of the multi-jurisdictional Marcus Alert MOU among local governments,
Blue Ridge Behavioral Healthcare and Frontier Health, a concern arose over whether
the terms of the MOU should require the Sheriffs of the City of Roanoke and Roanoke
County to provide dedicated staff to carry out the Marcus Alert mandates.
BACKGROUND:
The General Assembly authorized the Marcus Alert statute in 2020 which requires,
among other things, a collaborative relationship between parties for a system of uniform
communications and operations of the MARCUS Alert Program while also ensuring that
individuals experiencing behavioral health crisis are served by the behavioral health
comprehensive crisis service system when feasible. The Marcus Alert legislation was
designed as a phased-in program, with the comprehensive response from law
enforcement and the local community services board no later than July 1, 2023.
DISCUSSION:
Removing the requirement for the City of Roanoke and Roanoke County Sheriffs to
dedicate staff to the implementation of Marcus Alert will not affect the ability to carry out
the mandates of the program. Roanoke County Police and City of Roanoke Police will
continue to dedicate staff and provide the requisite law enforcement response for
Page 1 of 2
Marcus Alert. The other parties to the Marcus Alert MOU do not object to this
Amendment.
There have been no changes since the first reading of this ordinance on August 22,
2023.
FISCAL IMPACT:
The amendment to Marcus Alert will not have any fiscal impact on the County.
STAFF RECOMMENDATION:
Staff recommends approval of the attached ordinance.
Page 2 of 2
FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
GOVERNING THE MARCUS ALERT PROGRAM FOR THE ROANOKE VALLEY, VIRGINIA CITY OF
ROANOKE, CITY OF SALEM, COUNTY OF CRAIG, COUNTY OF ROANOKE, COUNTY OF BOTETOURT,
TOWN OF VINTON, VIRGINIA,
SERVICE AREA FOR BLUE RIDGE BEHAVIORAL HEALTHCARE
This Memorandum of Understanding Governing the MARCUS Alert Program for the Roanoke Valley,
Virginia City of Roanoke, City of Salem, County of Craig, County of Roanoke, County of Botetourt,
Town of Vinton, Virginia, which is the Service Area for Blue Ridge Behavioral Healthcare
(Agreement), is amended as noted herein, effective on the ____ day of ________________, 2023
(Effective Date), by and between Blue Ridge Behavioral Healthcare (BRBH), New River Valley
Community Services (NRVCS), Frontier Health (FH), Matthew T. Ward, in his official capacity as
Sheriff of Botetourt County (BCSO), Roanoke County (County), J.
Eric Orange, in his official capacity as Sheriff of Roanoke County (RCSO), Roanoke City (City),
Antonio D. Hash, in his official capacity as Sheriff of Roanoke City (RSO), April M. Staton, in her
official capacity as Sheriff of Salem City (SSO),
and Trevor Craddock, in his official capacity as Sheriff of Craig County (CCSO)
This First Amendment is made pursuant to Section 20 of the 1 July 2023 MARCUS Alert MOU among
the Parties, which requires that all amendments to the MOU be in writing and endorsed by the
Parties.
TO WIT, the MARCUS Alert MOU is modified as follows:
I. Amend Section 5 of the MOU by deleting Subsection 5.5.1 in its entirety and replacing
Subsection 5.5.1 with the following:
5.5.1. Among the Parties, only Roanoke County and the City of Roanoke shall be
required to dedicate staff specifically to the MARCUS Alert Program; however,
nothing herein shall prohibit the remaining Parties from dedicating staff
specifically to the MARCUS Alert Program.
II. Amend the MOU by adding a new Section 22 to follow Section 21 and to read and provide
as follows:
22. OTHER AGREEMENTS
The terms of this Agreement shall in no way nullify or otherwise affect the obligations of
the Parties with regard to other inter and intra-governmental agreements among the
Parties.
III. Effect:
MARCUS Alert Program MOU
Page 1 of 5
Except as explicitly set forth herein, all other terms and conditions of the MARCUS Alert MOU
previously approved by the parties and that went into effect 1 July 2023 shall remain in full force and
effect.
Ν{źŭƓğƷǒƩĻƭ ĭƚƓƷźƓǒĻ ƚƓ ŅƚƌƌƚǞźƓŭ ƦğŭĻ͵Ξ
MARCUS Alert Program MOU
Page 2 of 5
IN WITNESS WHEREOF, this instrument has been executed by duly authorized representatives of
the Parties as indicated by signatures below.
Blue Ridge Behavioral Healthcare New River Valley Community Services
Signature: ____________________________ Signature: ____________________________
By: __________________________________ By: __________________________________
Title: Executive Director Title: ________________________________
Planning District I Behavioral Health Services Frontier Health (Crisis Call Center)
Signature: ____________________________ Signature: ____________________________
By: __________________________________ By: __________________________________
Title: _________________________________ Title: ________________________________
ΝƩĻƒğźƓķĻƩ ƚŅ ƦğŭĻ źƓƷĻƓƷźƚƓğƌƌǤ ĬƌğƓƉΞ
MARCUS Alert Program MOU
Page 3 of 5
City of Roanoke Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Robert S. Cowell, Jr. By: __________________________________
Title: City Manager Title: City Attorney
Sheriff, City of Roanoke, in his official capacity
Signature: ____________________________
By: Antonio D. Hash
Title: Sheriff
County of Roanoke Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Richard L. Caywood, P.E. By: __________________________________
Title: County Administrator Title: County Attorney
Sheriff, County of Roanoke, in his official capacity
Signature: ____________________________
By: J. Eric Orange
Title: Sheriff
Town of Vinton Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Richard Peters By: __________________________________
Title: Town Manager Title: Town Attorney
MARCUS Alert Program MOU
Page 4 of 5
City of Salem Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: James E. Taliaferro, II By: __________________________________
Title: City Manager Title: City Attorney
Sheriff, City of Salem, in her official capacity
Signature: ____________________________
By: April M. Staton
Title: Sheriff
County of Botetourt Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Gary Larrowe By: __________________________________
Title: County Administrator Title: County Attorney
Sheriff, County of Botetourt, in his official capacity
Signature: ____________________________
By: Matthew T. Ward
Title: Sheriff
County of Craig Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: By: __________________________________
Title: County Administrator Title: County Attorney
Sheriff, County of Craig, in his official capacity
Signature: ____________________________
By: Trevor Craddock
Title: Sheriff
MARCUS Alert Program MOU
Page 5 of 5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, SEPTEMBER 12, 2023
ORDINANCE AUTHORIZING THE EXECUTION OF AN AMEMDMENT
TO MEMORANDUM OF UNDERSTANDING WITH BLUE RIDGE
BEHAVIORAL HEALTHCARE AND OTHER LOCAL GOVERNMENT
ENTITIES GOVERNING THE MARCUS ALERT PROGRAM FOR THE
ROANOKE VALLEY
WHEREAS, effective 1 July 2023, the Town of Vinton, City of Salem, City of
Roanoke, Roanoke County, Craig County, Botetourt County, and the Sheriffs of Roanoke,
Craig, Botetourt Counties and the Sheriffs of City of Salem and City of Roanoke in the
entered into a Memorandum of Understanding with
responsibilities with regard to the Marcus Alert statute codified in Title 9.1 of the Code of
Virginia, 1950, as amended; and
WHEREAS, the Marcus Alert system for these localities launched effective 1 July
2023, as required by the Code; and
WHEREAS, after the launch of the program, the parties recognized a need to
amend the staffing requirements as set forth in the original MOU to require only Roanoke
County and the City of Roanoke to dedicate staff specifically to carry out the duties set
forth in the Marcus Alert statute; and
WHEREAS, the amendment is memorialized in an Amended Memorandum of
Understanding signed by an authorized representative of all localities and agencies; and
WHEREAS, Section 15.2-1300 of the Code of Virginia, 1950, as amended,
requires that intergovernmental agreements involving joint exercise of powers, privileges
or authority be accomplished by ordinance; the first reading of this ordinance was held on
August 22, 2023, and the second reading was held on September 12, 2023.
Page 1 of 2
NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of Roanoke
County, Virginia, that
1. The amendment to the Memorandum of Understanding among the Town of
Vinton, City of Salem, City of Roanoke, Roanoke County, Craig County,
Botetourt County, and the Sheriffs of Roanoke, Craig, Botetourt Counties and
the Sheriffs of City of Salem and City of Roanoke in the Sherif
official capacities, to remove the staffing requirement for the Roanoke County
and Roanoke City Sheriffs for the Marcus Alert Program be approved.
2. That the County Administrator, Deputy County Administrator or an Assistant
County Administrator, is authorized to execute such documents and take such
actions on behalf of the Board of Supervisors in this matter as are necessary
to accomplish the execution of this Agreement, all of which shall be approved
as to form by the County Attorney.
3. That this ordinance shall be effective on and from the date of its adoption.
Page 2 of 2
ACTION NO.
ITEM NO. H.6
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 12, 2023
AGENDA ITEM: Ordinance approving a permanent easement to the City of
Salem for the erection of a public bus shelter located at 305
East Main Street, Salem, Virginia (the Roanoke County
Courthouse property)
SUBMITTED BY: George G. Assaid
Capital Projects Administrator
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
The City of Salem is requesting a permanent easement from the Board of Supervisors
of Roanoke County, Virginia, for the erection of a new public bus shelter located at 305
E. Main Street, Salem, Virginia.
BACKGROUND:
The City of Salem is developing the next phase of the downtown streetscape renovation
project, extending from Market Street to Thompson Memorial Drive, including the area
in front of the Roanoke County Courthouse.
DISCUSSION:
The next phase of the City of Sale
extend from Market Street to Thompson Memorial. A portion of this project phase
includes the City of Salem adding public bus shelters on each side of Main Street. The
City of Salem has determined that the most logical location for placement of one of the
bus shelters is at the northwest corner of 305 E. Main Street (the Roanoke County
Courthouse property which is owned by the Board of Supervisors of Roanoke County,
Virginia).
The City of Salem is requesting a permanent easement from the Board of Supervisors
Page 1 of 2
measuring 10 feet by 40 feet for the erection of a new public bus shelter.
shelter's location or the permanent easement.
This project is expected to go to bid in the fall of 2023, with construction anticipated to
start after January 1, 2024. During construction, City of Salem staff will communicate
and coordinate with Roanoke County staff about any potential impacts to the parking or
operations at the Roanoke County Courthouse.
FISCAL IMPACT:
There is no fiscal impact associated with this request.
STAFF RECOMMENDATION:
Staff recommends that the Board approve the first reading of this ordinance and
schedule it for a second reading on September 26, 2023.
Page 2 of 2
This deed is exempt from taxation pursuant to Va.
Code § 58.1-811(A)(3) as amended and from
circuit court clerk's fees pursuant to Va. Code
§ 17.1-266, as amended.
Prepared by: Jim H. Guynn, Jr., Esq.
Return to: Will Simpson
21 South Bruffey Street
Salem, VA 24153
Tax Parcel No. 106-12-1
THIS DEED OF EASEMENT is made this day of __________________, 2023,
by and between THE ROANOKE COUNTY BOARD OF SUPERVISORS, Grantor, a political
subdivision organized and existing under the laws of the Commonwealth of Virginia, and THE
CITY OF SALEM, VIRGINIA, Grantee, a municipal corporation organized and existing under
the laws of the Commonwealth of Virginia, whose address is 114 North Broad Street, Salem,
Virginia 24153.
WITNESSETH:
WHEREAS, the Grantor is the sole owner of certain property shown on the plat prepared
by Mattern& Craig Engineers and Surveyors entitled "Exhibit Plat for the City of Salem Showing
New 10' Bus Shelter Easementto be Acquired from Roanoke County Board of Supervisors" at 305
E. Main Street in the City of Salem and attached hereto as Exhibit A and incorporated herein by
reference, and known further as City of Salem Tax Parcel No. 106-12-1 (the “Grantor’s Property”);
and
WHEREAS, the City of Salem wishes to acquire an easement for sufficient land upon the
Grantor’s Property to erect a public bus shelter; and
WHEREAS, it is the desire and intent of the Grantor to grant and convey unto the Grantee
a public bus shelter easement on the Grantor’s Property as shown on Exhibit A for the erection of
a public bus shelter.
1
NOW THEREFORE, for and in consideration of the premises and sum of One Dollar
($1.00) cash in hand paid, the receipt of which is hereby acknowledged, the Grantor does hereby
grant and convey unto the City of Salem, Virginia, its successors and assigns, a permanent bus
shelter easementonthe Grantor’s Property measuring 10 feet by 40 feet as shown on Exhibit A
for a public bus shelter.
Grantor hereby grants to Grantee and the general public free access to and use of the
easement area, subject to any applicable laws and ordinances, for the purpose of a public bus
shelter.
The general public shall have no right to construct or improve any portion of the public bus
shelter, and shall not have access to nor use of the easement area until construction of the public
bus shelter is complete.
Grantee shall have the right and duty to ensure maintenance of the public bus shelter, once built,
for as long as it holds the easement rights hereunder. Grantee agrees to restore and repair
any damages to Grantor’s Property that may be caused by the construction, operation, or
maintenance of the public bus shelter. The Grantor agrees that the Grantee will not be expected
to restore the Grantor’s Property to identical original condition, but rather as near thereto as is
practicable.
The City of Salem, Virginia, by and through its duly authorized City Manager, accepts this
conveyance in accordance with Virginia Code § 15.2-1803 as evidenced by his signature below.
This Deed of Easement is executed by the County Administrator on behalf of the Board of
Supervisors of Roanoke County pursuant to Ordinance # ________________ adopted by the
Board of Supervisors of Roanoke County on the ____ day of ____________, 2023.
This deed was prepared without benefitof title search or report.
2
WITNESS the following signatures and seals:
ROANOKE COUNTY BOARD OF SUPERVISORS
By:
Name: ________________________
Title:
COMMONWEALTH OF VIRGINIA )
) to-wit:
______________ OF _______________)
The foregoing instrument was acknowledged before me this ______ day of ___________,
2023, by ______________________________, ________________(title) on behalf of the
Roanoke County Board of Supervisors.
My Commission expires: _____________________________
Notary Public
Registration No.
Approved as to Form:
______________________________
Roanoke County Attorney
3
Accepted by:
CITY OF SALEM
By:
Name: ________________________
Title:
COMMONWEALTH OF VIRGINIA )
) to-wit:
______________ OF _______________)
The foregoing instrument was acknowledged before me this ______ day of ___________,
2023, by______________________________, ________________(title) on behalf of the City of
Salem.
My Commission expires: _____________________________
Notary Public
Registration No.
Approved as to form:
____________________________
City of Salem Attorney
4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 12, 2023
ORDINANCE APPROVING A PERMANENT EASEMENT TO THE CITY
OF SALEM FOR THE ERECTION OF A PUBLIC BUS SHELTER
LOCATED AT 305 EAST MAIN STREET, SALEM, VIRGINIA (THE
ROANOKE COUNTY COURTHOUSE PROPERTY)
WHEREAS, the Board of Supervisors owns property at 305 East Main Street, in
Salem, Virginia (the Roanoke County Courthouse property) identified as City of Salem
Tax Map Number 106-12-1; and
WHEREAS, as part of a City of Salem downtown streetscape renovation project,
the City of Salem has requested a permanent easement from the Board of Supervisors
for the erection of a new public bus shelter located at the northwest corner of the Roanoke
County Courthouse Property; and
WHEREAS, a public bus shelter at the Roanoke County Courthouse Property
benefits the citizens of Roanoke County who may need to access the Roanoke County
Courthouse by bus transportation; 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 12, 2023 and
the second reading was held on September 26, 2023; 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 City of Salem for a new public bus shelter.
2. That conveyance to the City of Salem of an easement for a public bus
shelter as shown and described
SHELTER EASEMENT TO BE ACQUIRED FROM ROANOKE COUNTY BOARD OF
SUPERVISORS BEING SITUATED AT 305 EAST MAIN STREET CITY OF SALEM,
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 public bus shelter easement.
4. That the County Administrator, Deputy County Administrator, or the
Assistant County Administrator, is hereby authorized to execute such documents
(including the Deed of Easement) 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.
ACTION NO.
ITEM NO. H.7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 12, 2023
AGENDA ITEM: Ordinance 1) accepting $170,709 from the Virginia
Department of Rail and Public Transportation and
years 2024 and 2025 for expanded shuttle service to the
and 2) reappropriating $42,677 of County funds from the
general fund to the grant fund for expanded shuttle service
to the McAfee Knob trailhead parking lot
SUBMITTED BY: Megan G. Cronise
Assistant Director of Planning
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Accept and appropriate funding to operate the expanded McAfee Knob Trailhead
Shuttle for half of fiscal year 2024 and all of fiscal year 2025.
BACKGROUND:
Shuttle service to the McAfee Knob trailhead parking lot from the Interstate 81 Exit 140
Park and Ride is again eligible as a New Service project for a Department of Rail and
Public Transportation (DRPT) Demonstration Project Assistance grant. Shuttle service
meets DRPT New Service goals by offering a creative approach in determining a new
travel market for public transportation, as well as by improving the utilization and
productivity of an existing public transportation service with a connection to the Smart
Way and Virginia Breeze bus routes at the I-81 Exit 140 Park and Ride. The proposed
expansion in 2024 will provide a connection to Valley Metro service in the City of Salem.
DRPT awarded a Demonstration Project Assistance Grant for the McAfee Knob
Trailhead Shuttle in the amount of $97,920 for fiscal year 2023 and part of fiscal year
2024. Service began on September 2, 2022, with 716 reservations and 488 passengers
Page 1 of 3
over 37 days of service between Labor Day weekend and Thanksgiving weekend.
Shuttle service resumed on March 3, 2023, and will end on November 26, 2023.
Between March and the end of June, service included 453 reservations and 266 riders
over 51 days of service. Ridership is expected to increase to and through Peak Leaf
Season in October.
The Virginia Department of Transportation (VDOT) obtained funding in 2017 to design
and construct a pedestrian bridge to carry the Appalachian National Scenic Trail (AT)
over Route 311. Bridge construction is anticipated in early 2024 and will result in
complete closure of the existing McAfee Knob Trailhead parking lot for approximately
nine months.
DISCUSSION:
The Board of Supervisors approved a resolution on January 24, 2023, requesting that
the Commonwealth Transportation Board (CTB) fund another Demonstration Project
Assistance grant application for expanded shuttle service to the McAfee Knob Trailhead
parking lot. The CTB approved the Six-Year Improvement Program on June 21, 2023,
which included $170,709 of state funds for this project for part of fiscal year 2024 and all
of fiscal year 2025.
The expanded shuttle route is necessary due to the closure of the McAfee Knob
Trailhead parking lot for construction of the pedestrian bridge. The following shuttle
stops are planned:
· Current Stop: Interstate 81 Exit 140 Park and Ride
· Current Stop: McAfee Knob Trailhead
· New Stop: City
·
· New Stop: VDOT Orange Market Park and Ride
· U.S. Forest
Service
Shuttle service will follow the current model which is based upon McAfee Knob Trail
hiker counts:
· During construction in 2024: March 1 through December 1 with 1.5 vehicles
· After construction in 2025: March 7 through June 29 with one vehicle
· Fridays, Saturdays, Sundays and holiday Mondays
· 12 hours per day, adjusting hours for daylight and Daylight Savings Time
The shuttle fare will remain $5 per one-way trip, plus processing fees.
Page 2 of 3
There have been no changes since the first reading held on August 22, 2023.
FISCAL IMPACT:
The net project cost is eligible for up to eighty percent (80%) reimbursement by grant
funds and the applicant must provide up to twenty percent (20%) match from non-State
or Federal funds. The estimated net operation costs are $300,901, which could
potentially generate a maximum of $240,721 in eighty percent (80%) state funds and
$60,180 in twenty percent (20%) local match.
In June 2023, the CTB awarded Roanoke County $170,709 in State Demonstration
Grant funds for the second half of fiscal year 2024 and all of fiscal year 2025, which is
approximately seventy one percent (71%) of the County's request.
As a result, the net project cost reimbursable by DRPT is $52,920 in fiscal year 2024
and $117,789 in fiscal year 2025.
The local match required is $13,230 in fiscal year 2024 and $29,447 in fiscal year 2025.
Required matching funds and additional shuttle operating funds are available in the
CORTRAN account.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the attached ordinance.
Page 3 of 3
Jennifer B. DeBruhl DEPARTMENTOF RAIL AND PUBLIC TRANSPORTATION(804)786-4440
Director 600 EAST MAIN STREET, SUITE 2102 FAX (804) 225-3752
RICHMOND, VA 23219-2416 Virginia Relay Center
800-828-1120 (TDD)
June 27, 2023
Megan Cronise
Roanoke County Assistant Director of Planning
Roanoke County Department of Planning
P.O. Box 29800
Roanoke, VA 24018
Dear Ms. Cronise,
On June 21, 2023, the Commonwealth Transportation Board approved the Virginia
Department of Rail and Public Transportation’s Fiscal Years 2024-2029 Six-Year
Improvement Program. I am pleased to report that the Board included $170,709 of state
Demonstration Grant funds, which covers 80% of the total project cost, to operate transit
service from the Interstate 81 Exit 140 Park and Ride Lot to the McAfee Knob Trailhead
parking lot and incorporate expanded service with stops in the City of Salem, the VDOT
Orange Market Park and Ride, and the Dragon’s Tooth Trailhead. This project will
continue to positively impact connections for the citizens of the Commonwealth, and DRPT
staff looks forward to working with you on implementing it.
If you have any questions or comments, please do not hesitate to contact me.
Sincerely,
Jennifer B. DeBruhl, AICP, PMP
Director
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, SEPTEMBER 12, 2023
ORDINANCE 1) ACCEPTING $170,709 FROM THE VIRGINIA
DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION AND
FOR FISCAL YEARS 2024 AND 2025 FOR EXPANDED SHUTTLE
TRAILHEAD PARKING LOT, AND 2) REAPPROPRIATING $42,677 OF
COUNTY FUNDS FROM THE GENERAL FUND TO THE GRANT FUND
FOR EXPANDED SHUTTLE SERVICE TO THE MCAFEE KNOB
TRAILHEAD PARKING LOT
highly visited and photographed locations along the Appalachian National Scenic Trail;
and
WHEREAS, the proposed shuttle service was studied by the National Park Service
as the baseline service scenario in the February 2021 Appalachian National Scenic Trail,
Triple Crown Area Transit Feasibility Study; and
WHEREAS, the expanded shuttle service is needed due to the 2024 closure of the
McAfee Knob Trailhead parking lot for pedestrian bridge construction; and
WHEREAS, the proposed shuttle service is included as part of Recommendation
1.Z. in the Roanoke Valley Transit Vision Plan, which was approved by the Roanoke
Valley Transportation Planning Organization on September 22, 2016; and
WHEREAS, the proposed expanded
McAfee Knob Trailhead Parking Lot meets the goals of the Department of Rail and Public
Transportation (DRPT) Demonstration Project Assistance Grant by offering a creative
approach in determining a new travel market for public transportation, as well as by
Page 1 of 2
improving the utilization and productivity of existing public transportation services with
connections to the Smart Way and Virginia Breeze bus routes at the I-81 Exit 140 Park
and Ride, and to Valley Metro service in the City of Salem; and
WHEREAS, Roanoke County received $52,920 in Demonstration Project
Assistance grant funding from DRPT for the second half of fiscal year 2024 and $117,789
in funding for fiscal year 2025; and
WHEREAS, Roanoke County agrees to provide $13,230 for fiscal year 2024 and
$29,447 in fiscal year 2025 as local match; 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 August 22, 2023, and
the second reading was held on September 12, 2023.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $170,709 is accepted from DRPT for fiscal years 2024 and
2025 for the purpose of
operating the expanded McAfee Knob Trailhead Shuttle program.
2. That the sum of $42,677 is re-appropriated from the
(having previously been appropriated for operation of the CORTRAN
expanded McAfee Knob Trailhead Shuttle program (as the required local
match for the above DRPT grant).
3. That this ordinance shall take effect upon its adoption.
Page 2 of 2
ACTION NO.
ITEM NO. H.8
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 12, 2023
AGENDA ITEM: Ordinance 1) accepting funds in the amount of $465,091
from the Virginia Department of Rail and Public
grant fund for operation of the CORTRAN program, and 2)
grant fund, for operation of the CORTRAN program
SUBMITTED BY: Paula Benke
CORTRAN Program Administrator
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Accept and appropriate $465,091of grant funding from the Virginia Department of Rail
and Public Transportation, to be used to offset the monthly cost of the CORTRAN
program, and appropriating $19,379 amount of County funds from the CORTRAN
budget for the required local match.
BACKGROUND:
The CORTRAN program was established in 1985 in order to help County residents
remain in their homes and independent with curb-to-curb transportation from their
homes to destinations within Roanoke County, the City of Roanoke, the City of Salem
and the Town of Vinton. The program is currently structured so that Roanoke County
residents are eligible to use the CORTRAN program if they are either 65 years of age or
better, or if they have a disability.
While Roanoke County funds the program annually, staff started applying for grant
funding through the Department of Rail and Public Transportation (DRPT) for fiscal year
2022 to offset the County's cost of the program. Previous awards include:
Page 1 of 2
Fiscal Year Applied for Amount Awarded Amount Local Match
2022 $207,568 $119,008 Urban only $61,334
2023 $613,338 $538,000 Urban and Rural $21,520
DISCUSSION:
Staff applied for FTA 5310 funding through DRPT on February 1, 2023.
The Commonwealth Transportation Board adopted the Six-Year Improvement Program
on June 21, 2023, which included an award of $484,470 for the CORTRAN program
($465,091, with a required local match of $19,379).
DRPT has indicated that funding is still available from the Bipartisan Infrastructure Law
providing additional funding to DRPT to be distributed to transit programs around the
Commonwealth. This is the second time Roanoke County has received funding for the
rural area of the county.
The FTA Section 5310 grant for rural and urban funding is limited to be reimbursed
monthly starting October 1, 2023, through September 30, 2024.
There have been no changes since the first reading of this ordinance held on August
22, 2023.
FISCAL IMPACT:
Roanoke County was awarded $163,727 in rural capital funding and $301,364 in urban
capital funding totaling $465,091 for the CORTRAN program, which represents 80
percent (80%) Federal funding, 16 percent (16%) State funding and requires a four
percent (4%) local match of $19,379 for a total grant of $484,470.
The FTA Section 5310 grant funding will be used to offset the monthly cost of the
CORTRAN program. The local match funding is available in the CORTRAN fiscal year
2024 budget.
STAFF RECOMMENDATION:
Staff recommends approval of the attached ordinance.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, SEPTEMBER 12, 2023
ORDINANCE 1) ACCEPTING FUNDS IN THE AMOUNT OF $465,091
FROM THE VIRGINIA DEPARTMENT OF RAIL AND PUBLIC
TRANSPORTATION AND APPROPRIATING SUCH FUNDS TO THE
FOR OPERATION OF THE CORTRAN
PROGRAM, AND 2) REALLOCATING $19,379 FROM THE
GENERAL FUND TO THE GRANT FUND, FOR OPERATION OF THE
CORTRAN PROGRAM
WHEREAS, the County of Roanoke Transportation (CORTRAN) program was
established in 1985 in order to help County residents remain in their homes and
independent with curb-to-curb transportation from their homes to destinations within
Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton; and
WHEREAS, the CORTRAN program is currently structured so that Roanoke
County residents are eligible to use the service if they are either 65 years of age or better,
or if they have a disability; and
WHEREAS, Roanoke County has applied for grant funding through the Department
of Rail and Public Transportation for fiscal year 2024 to leverage the maximum County
funds for the current CORTRAN program; 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 August 22, 2023, and
the second reading was held on September 12, 2023.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
Page 1 of 2
1. That the sum of $465,091 is accepted from the Department of Rail and
Public Transportation and appropriated to the Grant Fund for the purpose
of operating the CORTRAN program.
2. That the sum of $19,379, which funds were previously appropriated to the
General Fund for the operation of CORTRAN program, are reallocated to
the Grant Fund (as the required County contribution for receipt of the funds
from the Department of Rail and Public Transportation).
3. That this ordinance shall take effect upon its adoption.
Page 2 of 2
ACTION NO.
ITEM NO. H.9
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 12, 2023
AGENDA ITEM: Ordinance authorizing the execution of an amendment to the
Economic Development Grant Agreement for fixed, wireless
broadband service between Roanoke County and B2X
Online, Inc. (B2X)
SUBMITTED BY: Bill Hunter
Director of Information Technology
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
B2X has identified a method by which it can enhance the services to be offered to
Roanoke County citizens, therefore the 2022 Agreement needs to be amended to
reflect certain changes in the project.
BACKGROUND:
Virginia Telecommunications Initiative grant was awarded in the spring of 2022 to
provide high speed internet to citizens on Bent Mountain in the Windsor Hills District.
B2X is currently working to provide fiber broadband service to the Bent Mountain area.
DISCUSSION:
During this process, B2X has discovered a way to add redundancy and reliability to the
network they are installing on Bent and Poor Mountains. As part of the build process, a
few opportunities arose that gave B2X the ability to provide more coverage. This is due
to space becoming available on a site other than the two (2) sites that were originally
planned. After some engineering, B2X discovered they could create a redundant ring
that would not only increase the bandwidth but would also provide a fail-over system
which raises the level of the system performance for our citizens. This new site also has
the potential of adding 50 new homes to the overall project.
Page 1 of 2
There have been no changes since the first reading of this ordinance on August 22,
2023.
FISCAL IMPACT:
An additional $34,131 is needed to complete the work as outlined in the attached
amendment. These funds are available within the CommIT Admin/Operations Fund due
to personnel and operating savings.
STAFF RECOMMENDATION:
Staff recommends approval of the attached ordinance.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 12, 2023
ORDINANCE ADOPTING AN AMENDMENT TO THE CONTRACT WITH
ROANOKE COUNTY, ROANOKE COUNTY ECONOMIC
DEVELOPMENT AUTHORITY AND B2X ONLINE, LLC FOR
BROADBAND EXPANSION UNDER THE VIRGINIA
TELECOMMUNICATIONS INITIATIVE
Whereas, in September 2022, Roanoke County
contract for purposes of administering funds for broadband expansion in the County
Whereas, during the course of the B2X broadband expansion that is the subject of
the 2022 VATI award, B2X has identified an opportunity to provide service to an additional
fifty passings not originally identified in the 2021 VATI grant application and 2022 VATI
Award; and
Whereas, the County and the EDA recognize that broadband expansion to
underserved areas of the County is essential for economic growth in the County; and
Whereas, the changes in the location of equipment and the ability to serve
additional customers has caused the overall price of the pending project to increase; and
Whereas, B2X has proposed sharing the excess cost of $56,131, with the County
to pay $34,131 of such total and B2X to bear the remaining cost of $22,000, and the
County and EDA have agreed to this cost-sharing and will execute a contract amendment
to reflect these terms; and
Whereas, sufficient funds have been appropriated for broadband expansion that
no additional funds will be appropriated under this Ordinance; and
Page 1 of 2
Whereas, this Amendment shall not affect any other terms or conditions of the
September 22, 2022 VATI Agreement among the parties;
WHEREAS, Section 2.2-4309(A) of the Code of Virginia, 1950, as amended,
requires the approval of the governing body for this modification of the contract; the first
reading of this ordinance was held on August 22, 2023, and the second reading was held
on September 2023.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Amendment to the Agreement among the County, EDA, and B2X
with regard to broadband expansion under the 2022 VATI award, is hereby authorized
and approved.
2. That the County Administrator, Deputy County Administrator, or Assistant
County Administrator is authorized to execute the agreement and other related
documents on behalf of the County, and to take all such further action as any of them
may deem necessary or desirable in connection with this project. The form of the
agreement and any other such documents shall be approved as to form by the County
Attorney.
3. That this ordinance shall be effective from and after the date of its adoption.
Page 2 of 2
AMENDMENT TO ECONOMIC DEVELOPMENT GRANT AGREEMENT
FIXED WIRELESS BROADBAND SERVICE ROANOKE COUNTY / B2X
ONLINE, INC.
WHEREAS, a political subdivision
of the Commonwealth of Virginia, the ECONOMIC DEVELOPMENT AUTHORITY OF
), a political subdivision of the
entered into an Agreement dated August 3, 2022, for the purpose of providing grant funding from
expand and improve
broadband services to the citizens of Roanoke County, Virginia. Subsequent to that 2022
Agreement, B2X has identified a method by which it can enhance the services to be offered to
citizens, and the parties wish to amend the 2022 Agreement to reflect certain changes in the project.
Such changes are set forth below and shall memorialize the first Amendment to the August 3, 2022
VATI broadband expansion agreement among the parties; and
WHEREAS, during the course of the B2X broadband expansion that is the subject of the
2021 VATI application and subsequent 2022 VATI award, B2X has identified an opportunity to
provide service to an additional fifty (50) passings not originally identified. Such passings are in
the Bent Mountain area (Windsor Hills Magisterial District) and are not served by any other
internet service provider; and
WHEREAS, B2X identified different sites for location of towers and equipment than those
outlined in its original proposal, which is attached hereto as Exhibit 1; and
WHEREAS, the location of the equipment and additional passings is depicted on the
attached Exhibit 2, which shall be incorporated by reference herein; and
Page 1 of 3
WHEREAS, the changes in the location of equipment and the ability to serve additional
customers has caused the overall price of the pending project to increase; and
WHEREAS, B2X has proposed sharing the excess cost of $56,131, with the County to pay
$34,131 of such total and B2X to bear the remaining cost of $22,000, and the County has agreed
to this cost-sharing; and
WHEREAS, Carl Caudill, Broadband Project Manager for DHCD, has reviewed the B2X
proposal to amend the August 3, 2022 Agreement and does not object to this Amendment.
This Amendment shall not affect any other terms or conditions of the August 3, 2022 VATI
Agreement among the parties.
ROANOKE COUNTY, VIRGINIA:
Richard L. Caywood, P.E.
County Administrator
Approved as to legal form:
Peter S. Lubeck
County Attorney
Page 2 of 3
ECONOMIC DEVELOPMENT AUTHORITY
OF ROANOKE COUNTY, VIRGINIA:
Linwood P. Windley
Chairman
B2X ONLINE, INC.:
Warren Kane
President/CEO
Page 3 of 3
EXHIBIT 2
valley around Poages
coverage.
Page
Page
Page 4
Page 5
ACTION NO.
ITEM NO. H.10
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 12, 2023
AGENDA ITEM: Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Richard L. Gardner,
Infrastructure Services Manager, upon his retirement after
more than twenty-five (25) years of service
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Recognition of the retirement of Richard L. Gardner.
BACKGROUND:
Richard L. Gardner (Rick), Infrastructure Services Manager, retired on September 1,
2023 after twenty-five (25) years and three (3) months of service with Roanoke County.
mailed to his home.
STAFF RECOMMENDATION:
Staff recommends approval 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, SEPTEMBER 12, 2023
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO RICHARD L. GARDNER,
INFRASTRUCTURE SERVICES MANAGER, UPON HIS RETIREMENT
AFTER MORE THAN TWENTY-FIVE (25) YEARS OF SERVICE
WHEREAS, Richard L. Gardner was employed by Roanoke County on June 15,
1998; and
WHEREAS, Mr. Gardner retired on September 1, 2023, after twenty-five (25) years
and three (3) months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Mr. Gardner, has served as a Communications Technician with the
General Services Department, Technical Services Supervisor in the Management
Information Systems Department, and Infrastructure Services Manager with the
Communications and Information Technology Department through his employment; and
WHEREAS, throughout Mr. tenure with Roanoke County, he has been a
key player in the construction and remodeling of countless County facilities. Noteworthy of
these facilities are the Regional Fire Training Facility and the Court Services Building
-
thousands of dollars in contracting fees. The new Public Safety Building required precise
planning to avoid any critical County-wide computer outages while moving the entire
County Public Safety operation and the Information Technology Department. As team lead
for technology he has been a key player in the building of three libraries, Fleet Services,
and the Police Academy. During the building renovation for the Department of Social
Services Mr. Gardner led a team of IT professionals continually reconfiguring computer
access to accommodate the remodel while allowing Social Services Staff to carry on their
critical mission.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to RICHARD L. GARDNER for more than twenty-five (25) years of capable, loyal
and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
2
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DĻƓĻƩğƌDƚǝĻƩƓƒĻƓƷ/ğƦźƷğƌ
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closeoutofcompletedprojects
(Ordinance0523232)2,974,11350,000608,162
(Ordinance0523233)(5,925,138)
fundingapprovedonApril11,2023(2,000,000)
ЋЉЋЌЋВͲЊВЊͲБЉЉυЊЋ͵ЉіЎЉͲЉЉЉυυЏЉБͲЊЏЋυЌͲББЎͲЎЋЎ
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, 2023AdditionsDeletionsSeptember 12, 2023
VPSA School Bonds$ 77,829,551$ -$ 8,048,369$ 69,781,182
Lease Revenue Bonds 82,760,000 - - 82,760,000
Subtotal 160,589,551 - 8,048,369 152,541,182
Premiums 12,147,305 - - 12,147,305
$ 172,736,856$ -$ 8,048,369$ 164,688,487
Submitted ByLaurie L. Gearheart
Director of Finance and Management Services
Approved ByRichard L. Caywood
County Administrator
ACTION NO.
ITEM NO. L.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 12, 2023
AGENDA ITEM: Work session to discuss the Economic Development
Marketing Study with the Board of Supervisors
SUBMITTED BY: Doug Blount
Assistant County Administrator
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
This time has been set aside to discuss the Economic Development Marketing study
with David Petr, CEO, Marketing Alliance, Inc.
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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 12, 2023
AGENDA ITEM: Work session on the County of Roanoke Budget
SUBMITTED BY: Richard L. Caywood
County Administrator
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
This time has been set aside to review preliminary fiscal year 2023 year end results,
current year budget status, and the upcoming fiscal year 2025 budget development.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 12, 2023
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.
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