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HomeMy WebLinkAbout8/22/2023 - Adopted Board Records AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 22, 2023 RESOLUTION 082223-1 OF THE BOARD OF SUPERVISORS OFTHE COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE FINANCINGS FOR CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County"), has determined that it may be necessary or desirable to advance money to pay the costs of certain capital projects for public school purposes, consisting primarily of costs associated with the design and construction to renovate W.E. Cundiff Elementary and Glen Cove Elementary Schools and the design and construction of a new Career and Technical Education Center (CTE) described in the County's capital improvement program, as it may be amended from time to time (the "Projects"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board of Supervisors adopts this Resolution as a declaration of official intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the Roanoke County School Board to pay the costs of the Projects from the proceeds of its debt or other financings (collectively, the "Bonds"). The maximum amount of debt or other financing expected to be issued in one or more series for the Projects is $121,560,000. Page 1of 2 ACTION NO. A-082223-2.a ITEM NO. G-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 2023 AGENDA ITEM: Confirmation of appointments to the Roanoke County Economic Development Authority (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: Roanoke County Economic Development Authority (EDA) (appointed by District): Kyle Richardson’s four-year term representing the EDA in the Catawba Magisterial District expired September 26, 2022. Supervisor Hooker has recommended Mr. Richardson be reappointed to an additional term to expire September 26, 2027. Kirtesh Patel’s four-year term representing the EDA in the Catawba Magisterial District will expire September 26, 2023. Supervisor Hooker has recommended Mr. Patel be reappointed to an additional term to expire September 26, 2027. STAFF RECOMMENDATION: Staff recommends confirmation of these reappointments. Page 1of 2 VOTE: Supervisor Peters moved to confirm the appointments. Supervisor North seconded the motion. Motion approved. YesNo Absent Ms. Hooker Mr. Mahoney Mr. North Mr. Radford Mr. Peters cc: Megan Baker, Director of Economic Development Page 2of 2 ACTION NO. A-082223-2.b ITEM NO. G-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 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 1of 2 Marcus Alert. The other parties to the Marcus Alert MOU do not object to this Amendment. FISCAL IMPACT: The amendment to Marcus Alert will not have any fiscal impact on the County. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling the second reading for September 12, 2023. VOTE: Supervisor Peters moved to approve the first reading and scheduling the second reading for September 12, 2023. Supervisor North seconded the motion. Motion approved. YesNo Absent Ms. Hooker Mr. Mahoney Mr. North Mr. Radford Mr. Peters Page 2of 2 ACTION NO. A-082223-2.d ITEM NO. G-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 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 off of Challenger Avenue/Route 460 (the “County Property”). 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 (the “Property”) was dedicated to the County to hold for 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 1of 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 and both approve this.” · “Our request is that one-half of the property be added to each lot involved.” Mrs. Otey was the property owner of Lot 9 referenced in Mr. Simpson’s 1996 letter. A 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: · The “unimproved section of right of way … referred to as Britany Road, being 50 feet in width and extending approximately 130 feet in length … be, and hereby is, vacated … subject to the following conditions: … The 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 subdivision of the property.” (Emphasis added). 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 2of 4 maintaining the subject property since that time. Nonetheless, without the condition requiring Roanoke County Land Venture Inc.’s 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 3of 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." FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Should the Board approve the first reading of this ordinance, County staff recommend it be scheduled for a second reading and public hearing on September 12, 2023. Should the Board approve the vacation after second reading and a public hearing, County staff proposes that the ordinance provide that fee simple title to the said property vest "as provided for by law." VOTE: Supervisor Peters moved to approve the first reading and scheduling the second reading and public hearing for September 12, 2023. Supervisor North seconded the motion. Motion approved. YesNo Absent Ms. Hooker Mr. Mahoney Mr. North Mr. Radford Mr. Peters Page 4of 4 ACTION NO. A-082223-2.e ITEM NO. G-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 2023 AGENDA ITEM: Request to approve holiday schedule for calendar year 2024 SUBMITTED BY: Elijah Daly Director of Human Resources APPROVED BY: Richard L. Caywood County Administrator ISSUE: Approval of holiday schedule for calendar year 2024 BACKGROUND: The Roanoke County handbook includes guidelines for the holiday schedule. This schedule includes 10 standard holidays where County offices will be closed and two (2) floating holidays in which County offices will remain open, but employees will be allotted time that they can use on the day itself, or at a later date. DISCUSSION: Below is Roanoke County’s Proposed Holiday Schedule for 2024: 2024 Holiday Schedule New Year's Day Monday, January 1st Martin Luther King Monday, January 15th Day President's Day Monday, February 19th-(Floating Holiday) Memorial Day Monday, May 27th Juneteenth Wednesday, June 19th Independence DayThursday, July 4th LaborDay Monday, September 2nd Veteran's Day Monday, November 11th - (Floating Holiday) Thanksgiving Day Thursday, November 28th Page 1of 2 Day After Friday, November 29th Thanksgiving Christmas EveTuesday, December 24th Christmas DayWednesday, December 25th FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends approval of the calendar year 2024 holiday schedule. VOTE: Supervisor Peters moved to approve the holiday schedule for calendar year 2024. Supervisor North seconded the motion. Motion approved. YesNo Absent Ms. Hooker Mr. Mahoney Mr. North Mr. Radford Mr. Peters cc: Elijah Daly, Director of Human Resources Page 2of 2 ACTION NO. A-082223-2.f ITEM NO. G-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 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 Communications and 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 1of 2 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 first reading of the ordinance and scheduling a second reading for September 12, 2023. VOTE: Supervisor Peters moved to approve the first reading and scheduling the second reading for September 12, 2023. Supervisor North seconded the motion. Motion approved. YesNo Absent Ms. Hooker Mr. Mahoney Mr. North Mr. Radford Mr. Peters Page 2of 2 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 082223-2.g EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GINGER WYNN, TECHNICAL ANALYST II, UPON HER RETIREMENT AFTER MORE THAN TWENTY-FIVE (25) YEARS OF SERVICE WHEREAS,Ginger Wynn was employed by Roanoke Countyon February 2, 1998; and WHEREAS, Ms. Wynn retired effective August 1, 2023, after twenty-five (25 years and six (6) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Ms. Wynn served as Computer Operator, Technology Support Technician, Technical Support Technician and Technical Analyst II during her employment in the Communication and Information Technology Department; and WHEREAS, Ms. Wynn, through her employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, throughout Ms. Wynn’s tenure with Roanoke County, she has performed crucial printing processes in the form of payrolls, Personal Property Tax and Real Estate billings for the County, the Roanoke County Public Schools, the Town of Vinton, and the Western Virginia Regional Jail. Ms. Wynn also managed the multi-million- dollar County Computer Inventory program without any discrepancies. She was instrumental in the development and refinement of the County Technical Contact program that solicited departmental volunteers to assist with both minor computer issues and with large program deployments. She was the department representative on the Employee Advisory Council. Most notably; she assisted thousands of users and vendors with troubles Page 1of 2 ACTION NO.A-082223-2.i ITEM NO.G.10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 2023 AGENDA ITEM: The petition of the Roanoke County School Board to rezone approximately 12.013 acres from R-3, Medium Density Multi- Family Residential District, to C-1, Low Intensity Commercial District, and to remove the proffered condition on approximately 5.0 acres of land zoned C-1C, Low Intensity Commercial District with conditions, located at the end of Burlington Drive, 6305 Peters Creek Road, and 1120 East Drive, Hollins Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for September 26, 2023. The title of this ordinance is as follows: The petition of Roanoke County Public Schools to rezone approximately 12.013 acres from R-3, Medium Density Multi-Family Residential District, to C-1, Low Intensity Commercial District, and to remove the proffered condition on approximately 5.0 acres of land zoned C-1C, Low Intensity Commercial District with conditions, located at the Page 1of 2 end of Burlington Drive, 6305 Peters Creek Road, and 1120 East Drive, Hollins Magisterial District. DISCUSSION: There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for September 26, 2023. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. VOTE: Supervisor Peters moved to approve the first reading and scheduling the second reading and public hearing for September 12, 2023. Supervisor North seconded the motion. Motion approved. YesNo Absent Ms. Hooker Mr. Mahoney Mr. North Mr. Radford Mr. Peters Page 2of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, AUGUST 22, 2023 ORDINANCE 082223-2.kACCEPTING FUNDS IN THE AMOUNT OF $1,275,000 FROM THE CARBON REDUCTION PROGRAM, AND APPROPRIATING SUCH FUNDS TO THE COUNTY’S GRANT FUND FOR THE CONSTRUCTION OF THE ROANOKE RIVER GREENWAY THROUGH EXPLORE PARK (VDOT UPC 113567) WHEREAS, it is a priority to construct the Roanoke River Greenway through Roanoke County; and WHEREAS, the County wasawardedRegional Surface Transportation Program (RSTP)grant funds, now named the Surface Transportation Block Grant (STBG),in the amount of $3,020,308in 2018 for design and construction ofthe Roanoke River Greenway through Explore Park;and WHEREAS, the County was awarded Carbon Reduction Program (CRP) funding in the amount of $1,275,000 in April 2023 to satisfy a project deficit; and WHEREAS, the project is locally administered, and certain agreements between the County of Roanoke and the Virginia Department of Transportation (VDOT) must be executed for this cooperative work to be accomplished; 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 July 25, 2023, and the second reading was held on August 22, 2023. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: Page 1of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 22, 2023 RESOLUTION 082223-2 APPROVINGAND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G-CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for August 22, 2023, designated as Item G -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 14 inclusive, as follows: 1. Approval of minutes – May 9, 2023; May 23, 2023 2. Confirmation of appointments to the Roanoke County Economic Development Authority (District) 3. 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) 4. Resolution accepting a donation of a flagpole and an American flag from the Woodmen of the World in honor and remembrance of the victims of the September 11, 2001 terrorist attacks 5. 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 (First Reading and request for Second Reading) 6. Request to approve holiday schedule for calendar year 2024 7. 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) (First Reading and request for Second Reading) Page 1of 3 8.Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Ginger Wynn, Technical Analyst II, upon her retirement after more than twenty-five (25) years of service 9. 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 (First Reading and request for Second Reading) 10. The petition of the Roanoke County School Board to rezone approximately 12.013 acres from R-3, Medium Density Multi-Family Residential District, to C-1, Low Intensity Commercial District, and to remove the proffered condition on approximately 5.0 acres of land zoned C-1C, Low Intensity Commercial District with conditions, located at the end of Burlington Drive, 6305 Peters Creek Road, and 1120 East Drive, Hollins Magisterial District (First Reading and request for Second Reading and Public Hearing) 11. Ordinance adopting amendment to 1988 Memorandum of Agreement among Roanoke County, Town of Vinton, City of Roanoke and City of Salem regarding the Roanoke Valley Regional Fire-EMS Training Center expiration date (Second Reading) 12. Ordinance accepting funds in the amount of $1,275,000 from the carbon reduction program, and appropriating such funds to the County’s grant fund for the construction of the Roanoke River Greenway through Explore Park (VDOT UPC 113567) (Second Reading) 13. Ordinance authorizing the acquisition of permanent and temporary easements at Explore Park on properties owned by the Virginia Recreational Facilities Authority (Tax Map Numbers 080.00-05-24.00-0000, 080.00-05-26.00-0000, 080.00-05-27.00-0000, 080.00-05-29.00-0000, 080.00-05-30.00-0000, 080.00- 05-31.00-0000, 080.00-05-32.00-0000) for development of the Roanoke River Greenway, Vinton Magisterial District (Second Reading) 14. Ordinance accepting a public service donation in the amount of $10,538.59 from MVP, LLC and appropriating such funds to the County's General Fund (Second Reading) Page 2of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 22, 2023 ORDINANCE 082223-2.j ADOPTING AMENDMENT TO 1988 MEMORANDUM OF AGREEMENT AMONG ROANOKE COUNTY, CITY OF ROANOKE AND THE CITY OF SALEM FOR OPERATION OF A REGIONAL FIRE TRAINING CENTER WHEREAS,in 1988, Roanoke County, City of Roanokeand City of Salem entered into a Memorandum of Agreement for construction, maintenance and operation of the Roanoke Valley Regional Fire-EMS Training Center; and WHEREAS, the Agreementwill expire on 31 March 2024; and WHEREAS, in 2019, Roanoke County assumed all Fire-EMS responsibilities for the Town of Vinton; and WHEREAS,the agencies anticipate making significant changes to the terms and conditions of the 1988 Agreement; and WHEREAS, an extension of the Agreement in effect from 1 April 2024 through 30 June 2024 will allow the parties additional time to negotiate the terms of a new Agreement and further, will cause the new Agreement to align with the localities’ fiscal year; and WHEREAS, Section 15.2-1300 of the Code of Virginia, 1950, as amended, requires that inter-governmental agreements involving joint exercise of powers, privileges or authority be accomplished by ordinance; the first reading of this ordinance was held on July 25, 2023, and the second reading was held on August 22, 2023. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 ACTION NO. A-082223-2.h ITEM NO. G.9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 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 20’ sanitary sewer easement on the property. The County owns a Public Access Trail and Greenway Easement, which includes a provision stating that the County “shall have the right and duty to ensure maintenance of the greenway easement.” The greenway 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 1of 2 connection with the property. FISCAL IMPACT: There is no funding necessary to acceptthis donation of real property. STAFF RECOMMENDATION: Staff recommends that the Board approve the first reading of this ordinance and schedule it for a second reading on September 12, 2023. VOTE: Supervisor Peters moved to approve the first reading and scheduling the second reading for September 12, 2023. Supervisor North seconded the motion. Motion approved. YesNo Absent Ms. Hooker Mr. Mahoney Mr. North Mr. Radford Mr. Peters Page 2of 2