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HomeMy WebLinkAbout11/15/2023 - Special Roanoke County Board of Supervisors November 15, 2023 PLEASE NOTE: There is no 7:00 p.m. evening session as there are no public hearings scheduled. INVOCATION: PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of Page 1 of 5 Roanoke County Board of Supervisors Agenda November 15, 2023 Good afternoon and welcome to our meeting for November 15, 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. 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. NEW BUSINESS 1. Resolution authorizing the application of a Virginia Opioid Abatement Authority Cooperative Partnership Grant in the amount of $500,000 from the Virginia Opioid Abatement Authority, and to agree to contribute $25,000 towards the project when applying for the grant (Madeline Hanlon, Assistant to the County Administrator) Page 2 of 5 D. FIRST READING OF ORDINANCES 1. Ordinance appropriating $48,113,501.44 from the Roanoke County Public Schools' fiscal year 2022-2023 year-end funds to the fiscal year 2023-2024 Roanoke County Public Schools Budget (Susan Peterson, Director of Finance, Roanoke County Public Schools) 2. Ordinance appropriating an additional $4,966,171 to the fiscal year 2023-2024 Roanoke County Public Schools Budget (Susan Peterson, Director of Finance, Roanoke County Public Schools) E. APPOINTMENTS 1. Roanoke County Board of Zoning Appeals (BZA) (appointed by District) 2. Roanoke County Parks, Recreation and Tourism Advisory Commission (appointed by District) F. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes October 10, 2023 2. Request to accept and allocate funds of $34,200 from the US Department of Justice grant funds along with a $34,200 local match from the fiscal year 2023/2024 Police Department operating budget 3. Ordinance authorizing the approval of a permanent open-space easement to the Virginia Outdoors Foundation on property owned by the Roanoke County Board of Supervisors and the Virginia Recreational Facilities Authority for Explore Park, identified as Tax Parcel Number 080.00-05-17.00-0000 in Roanoke County and Tax Parcel Numbers 172 A 42 and 172 A 14A in Bedford County (Second Reading) 4. Ordinance accepting the donation of approximately 0.0331 acres of real property located at 1900 Timberview Road (a portion of Roanoke County Tax Map Number 036.10-01-10.00-0000), Catawba Magisterial District (First Reading and request for Second Reading) Page 3 of 5 5. Ordinance 1) accepting a staffing recognition grant in the amount of $102,500 from the Virginia 9-1-1 services board, and appropriating such funds to the grant eligible E-9-1-1 employees (First Reading and request for Second Reading) G. CITIZENS' COMMENTS AND COMMUNICATIONS H. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of October 31, 2023 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of October 31, 2023 5. Accounts Paid October 31, 2023 I. 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 J. WORK SESSIONS 1. Work session to discuss Roanoke County's Legislative Program and preparation for the 2023 session of the Virginia General Assembly (Peter S. Lubeck, County Attorney) K. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.1 - for the Board to discuss prospective candidates for appointment to the following authorities and committees: Board of Zoning Appeals; County of Roanoke Towing Board; Budget and Fiscal Affairs; Legislative Committee; Parks, Recreation and Tourism Advisory Commission; Roanoke County Pipeline Advisory Commission 2. Section 2.2-3711.A.5 - Discussion concerning the expansion of an existing businesses or industries where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community namely in the Catawba, Cave Spring and Windsor Hills Magisterial Districts Page 4 of 5 3. Section 2.2-3711.A.8 - for consultation with the County Attorney regarding specific legal matters requiring the provision of legal advice. Specifically, the County Attorney will provide the Board with legal advice regarding a zoning issue in the Cave Spring Magisterial District 4. Section 2.2-3711.A.1 for the Board to discuss prospective candidates for appointment of a specific public officer, namely candidates to fill a vacancy on the Board of Supervisors L. CERTIFICATION RESOLUTION M. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2023 AGENDA ITEM: Resolution authorizing the application of a Virginia Opioid Abatement Authority Cooperative Partnership Grant in the amount of $500,000 from the Virginia Opioid Abatement Authority, and to agree to contribute $25,000 towards the project when applying for the grant SUBMITTED BY: Madeline Hanlon Assistant to the County Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: Resolution authorizing the application of a Virginia Opioid Abatement Authority Cooperative Partnership Grant in the amount of $500,000 from the Virginia Opioid Abatement Authority. BACKGROUND: The Juvenile Court Opioid Abatement Workgroup (the "Workgroup"), which includes judges and attorneys serving the County of Roanoke, City of Salem and City of Roanoke, desires to apply for a Virginia Opioid Abatement Authority Cooperative Partnership Grant in the amount of $500,000. This opportunityfits within the Gold Standard use of the Opioid Abatement funds. DISCUSSION: The Workgroup has proposed that the localities jointly apply for a Virginia Opioid Abatement Authority Cooperative Partnership Grant to create two (2), new local "navigator" positions to serve the localities. The navigators will be independent recovery support specialists who will assist parents who have substance abuse problems; they will provide assistance with help securing substance abuse treatment, counseling, etc. Page 1of 2 The grant amount sought is $500,000. The Workgroup has proposed that, in order to make the grant application competitive, the localities also contribute a one-time local match of ten percent (10%) to fund the two (2) navigator positions for three (3) years, for a total need of $50,000. Roanoke City has agreed to fund $25,000 of this with opioid settlement funds. Roanoke City has further agreed to be the fiscal agent and provide workspaces for these two (2) navigator positions. An additional $25,000 is requested from the County. To date, the County has received $510,549.86 in disbursements from opioid litigation settlements, which funds are intended to be used for opioid abatement activities. FISCAL IMPACT: If the Grant is awarded, the County would be expected to contribute $25,000 towards the project (from funds received from opioid litigation/ settlement disbursements). STAFF RECOMMENDATION: Staff recommends approving the resolution authorizing the application of a Virginia Opioid Abatement Authority Cooperative Partnership Grant in the amount of $500,000. 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, NOVEMBER 15, 2023 RESOLUTION AUTHORIZING THE APPLICATION OF A VIRGINIA OPIOID ABATEMENT AUTHORITY COOPERATIVE PARTNERSHIP GRANT IN THE AMOUNT OF $500,000 FROM THE VIRGINIA OPIOID ABATEMENT AUTHORITY, AND TO AGREE TO CONTRIBUTE $25,000 TOWARDS THE PROJECT WHEN APPLYING FOR THE GRANT WHEREAS, the Juvenile Court Opioid Abatement Workgroup (the Workgroup), which includes judges serving the County of Roanoke, City of Salem, and City of Roanoke, desires to apply for a Virginia Opioid Abatement Authority Cooperative Partnership Grant (Partnership Grant) in the amount of $500,000 from the Virginia Opioid Abatement Authority; and WHEREAS, the Workgroup has identified a Partnership Grant to create two (2), new local navigator positions to serve the three (3) localities, and who will serve as independent recovery support specialists who will assist parents who have substance abuse problems; and WHEREAS, the grant amount sought is $500,000. The Workgroup has proposed that, in order to make the application competitive, the localities also contribute a one- time local match of ten percent (10%) to fund the positions for three (3) years, for a total need of $50,000 from the localities; and WHEREAS, Roanoke City has agreed to contribute $25,000 towards this project, and has further agreed to serve as fiscal agent and to provide workspaces for the two navigator positions; and WHEREAS, it is proposed that the County, in joining the application for the grant, agree to contribute $25,000 towards the project. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. The County Administrator is authorized to direct the appropriate County staff to assist in jointly applying for the Cooperative Partnership Grant, and to agree to contribute $25,000 towards the project if the grant is awarded. 2. This resolution shall take effect immediately upon its adoption. Page 2 of 2 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2023 AGENDA ITEM: Ordinance appropriating $48,113,501.44 from the Roanoke County Public Schools' fiscal year 2022-2023 year-end funds to the fiscal year 2023-2024 Roanoke County Public Schools Budget SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Appropriate $48,113,501.44 available year-end funds from Roanoke County Public Schools' fiscal year ended June 30, 2023, to the fiscal year 2023-2024 Roanoke County Public Schools' Budget. BACKGROUND: In accordance with the Code of Virginia Section 22.1-100, at the end of each fiscal year, all Roanoke County Public Schools' unexpended funds (derived from the Board of Supervisors) reverts to the Board of Supervisors. The Board of Supervisors may then re-appropriate such funds back to the Schools' budget for use in the next year. The County Board of Supervisors' Comprehensive Financial Policy sets forth expenditures for which such funds may be re-appropriated. DISCUSSION: The Roanoke County School Board proposed the following uses of such year-end funds at their November 8, 2023 meeting, and requests that the Board of Supervisors reappropriate the funds for such purposes as outlined in Attachment A. This proposal follows the County Board of Supervisors' Comprehensive Financial Page 1 of 2 Policy, dated July 11, 2023. (See Section 10 - Reserves, item 6 (Roanoke County Public Schools Reserves and Year End Allocation)). FISCAL IMPACT: The appropriation of the funds to Roanoke County Public Schools will increase their total funds by $48,113,501.44; the funds will then be transferred out as outlined in Attachment A to the appropriate areas. STAFF RECOMMENDATION: Staff recommends the approval of the first reading of the ordinance and requests scheduling the second reading for December 12, 2023. Page 2 of 2 Roanoke County Public Schools Year End Surplus and Carryover Unallocated Minor Capital Special Projects34,812.49$ State Revenues708,439.97$ Minor Capital Projects-in progress1,208,636.00 Federal Revenues117,831.72 Unallocated CMP Reserves27,086.54 Other Revenues152,161.80 CMP Projects-in progress316,631.65 $ Playground Replacements325,089.47978,433.49 Turf Replacement Reserves-Bogle225,343.63 Personnel Savings (0.88% of contracted personnel budget)$ Turf Replacement Reserves-WBH170,000.001,170,043.08 Turf Replacement Reserves-GHS50,000.00 Administration19,217.20$ Music Uniforms56,529.77 School Board49,049.86 Vending Grants68,956.10 Elementary Instruction39,657.63 Total Minor Projects Fund Carryover2,483,085.65$ Finance21,691.89 * Human Resources155,169.23 Unallocated Major Capital Special Projects1,400,819.00$ * 109,604.61Building Renovation-WBH 4,196,188.39 (385,848.41)Building Construction-CTE 1,412,274.71 13,658.38Building Renovation-WEC 451,861.70 17,761.41Building Renovation-GCE 411,860.70 18,772.76NHS Football Turf401,620.66 Superintendent38,825.44 WBH HVAC Replacement and Repairs323,582.25 Career and Technical Education11,262.71 Human Resources/Payroll System91,950.00 Testing and Remediation79,585.31 Total Major Projects Fund Carryover8,690,157.41$ $ 188,408.02 Multi-Year Budget Building Renovation-WBH372,460.43$ General Fund fiscal year end 6/30/23 activity$ Multi-Year Budget Building Renovation-WEC760,000.002,336,884.59 Multi-Year Budget Building Renovation-GCE800,000.00 Encumbrances195,458.99$ Total Bond Projects Fund Carryover1,932,460.43$ 50% to Major Capital1,070,712.80 ** Remaining to Minor Capital1,070,712.80 Fleet Replacement Fund Carryover1,726,131.72$ General Fund fiscal year end 6/30/23 activity$ 2,336,884.59 Instructional Resources Fund Carryover 1,104,483.61 2,000,000.00 Technology Replacement Fund Carryover335,316.16 Total General Fund Carryover4,336,884.59$ Nutrition Fund Carryover7,499,256.37 Student Activity Fund Carryovers2,429,621.65 Multi-Year Federal Grant Budget Remaining8,446,036.29$ Health Insurance Fund Carryover6,434,223.52 Multi-Year State Grant Budget Remaining716,454.87 Dental Insurance Fund Carryover99,359.85 Multi-Year Local Grant Budget Remaining21,729.79 Risk Management Fund Carryover880,857.44 Carryover9,184,220.95$ OPEB Trust Fund Carryover1,660,113.49 Total unallocated Major Capital Fund cash balances from surplus and in reserves as of 6/30/23 is $2,471,531.80. $2,000,000 is assigned to the CTE $ 48,796,172.84 building construction project per the CIP and $471,531.80 will be assigned evenly to WEC and GCE building renovation projects. Roanoke County Public Schools Year End Surplus and Carryover Ordinance Calculation Used in 6/30/24Transfer from FundsOriginal BudgetGeneral FundAppropriation Encumbrances195,458.99$ -$ -$ 195,458.99$ 50% to Major Capital1,070,712.80 - - 1,070,712.80 (a)County Required Categorical Allocations: Remaining to Minor Capital1,070,712.80 - - 1,070,712.80 (b)Instruction$ 6,663,732.05 Emergency Contingency2,000,000.00 - - 2,000,000.00 50,920.97 Administration, attendance, and health General Fund4,336,884.59 - - 4,336,884.59 Pupil transportation 1,336,147.40 Fleet Replacement Fund1,726,131.72 (304,103.00) - 1,422,028.72 4,410,579.50 Operation and maintenance Instructional Resources Fund1,104,483.61 (405,741.00) - 698,742.61 School food services and Technology Replacement Fund335,316.16 (40,581.00) - 294,735.16 6,765,142.37 other non-instructional operations Total Grant Fund9,184,220.95 - - 9,184,220.95 Facilities 14,008,825.88 Nutrition Fund7,499,256.37 (684,114.00) - 6,815,142.37 2,145,330.70 Debt and fund transfers Student Activity Funds2,429,621.65 - - 2,429,621.65 Technology 618,204.62 Total Minor Capital Fund2,483,085.65 - (b) 3,553,798.451,070,712.80 2,000,000.00 Contingency reserves Total Major Capital Fund8,690,157.41 - (a) 9,760,870.211,070,712.80 Non-categorical Total Bond Fund1,932,460.43 - - 1,932,460.43 Student Activity Funds2,429,621.65 Health Insurance Fund6,434,223.52 (1,389,558.00) - 5,044,665.52 Health Insurance Fund5,044,665.52 Dental Insurance Fund99,359.85 - - 99,359.85 Dental Insurance Fund99,359.85 Risk Management Fund880,857.44 - - 880,857.44 Risk Management Fund880,857.44 OPEB Trust Fund1,660,113.49 - - 1,660,113.49 OPEB Trust Fund1,660,113.49 Total Carryover48,796,172.84$ 2,141,425.60(2,824,097.00)$ $ Appropriation Request48,113,501.4448,113,501.44$ William Byrd High Retractable Basketball Goals35,000.00 Glenvar Elementary Replace Roof Section150,000.00 Burlington Elementary Install Additional Classrooms200,000.00 Cave Spring High Resurface Rubber Track200,000.00 Mountain View Replace Sanitary Line100,000.00 Glenvar Elementary Pave Play Area60,000.00 Green Valley Elementary Pave Play Area25,000.00 Penn Forest Elementary Replace Carpet in Forum25,000.00 Northside High Replace Carpet in Band Room and Media Center50,000.00 Special Projects to be allocated later225,712.80 Allocated to Minor Capital(b) 1,070,712.80 CTE Building Construction599,181.00 Glen Cove Building Renovation235,765.90 W.E. Cundiff Building Renovation235,765.90 Allocated to Major Capital(a) 1,070,712.80 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2023 ORDINANCE APPROPRIATING $48,113,501.44 FROM THE ROANOKE 2-2023 YEAR-END FUNDS TO THE FISCAL YEAR 2023-2024 ROANOKE COUNTY PUBLIC SCHOOLS BUDGET WHEREAS, in accordance with § 22.1-100 of the Code of Virginia, at the end of each fiscal year, all unexpended public school funds that were derived from the funds of the local governing body shall revert back to the governing body, and that it is within the whether to then re-appropriate such funds back to the school budget for the next year; and WHEREAS, Comprehensive Financial Policy (dated July 11, 2023) sets forth purposes for which such unexpended year-end funds may be re-appropriated; and WHEREAS, the Roanoke County School Board proposed the uses of such year- end funds at their November 8, 2023, meeting and requests that the Board of Supervisors reappropriate the funds for such purposes as outlined on the document entitled Roanoke County Public Schools Year End Surplus and Carryover dated June 30, 2023, and attached hereto as Attachment A; 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 November 15, 2023, and the second reading was held on December 12, 2023. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the 2- 2023 year-end funds in the amount of $48,113,501.44 are appropriated to the 3-2024 budget to be used as proposed for the purposes as set forth on Attachment A. 2. That this ordinance shall take effect from and after the date of adoption. 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: November 15, 2023 AGENDA ITEM: Ordinance appropriating an additional $4,966,171 to the fiscal year 2023-2024 Roanoke County Public Schools Budget SUBMITTED BY:Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Appropriate an additional $4,966,171 to the fiscal year 2023-2024 Roanoke County Public Schools Budget which includes new funds from the State and the reclassification of current year budget between categories. BACKGROUND: Ordinance 052323-4 appropriated 2023-2024 funds for Roanoke County Public Schools by categories. Any new funds, reclassification of budget, or use of funds between categories must be approved by the Board of Supervisors. DISCUSSION: The Special Session Final Budget for the 2022-2024 biennium was adopted on September 14, 2023 which provided additional funding in the amount of $4,716,171. The final budget includes $653,780 in additional funding for the General Fund, $4,063,973 in additional funding for the Grant Fund for the ALL in VA Plan, and $1,582 in reduced funding for the Grant Fund for the Mentor Teacher Grant. In addition, an amount of $250,000 will be appropriated to cover grant overage's and to add a buffer for the remaining fiscal year. In the original 2023-2024 budget, $421,274 was set aside in the Grant Fund special projects revenue and expenditures to absorb Page 1of 2 these differences. During the current year, several grants were awarded at balances significantly higher than budgeted which used the entire special projects balance. Lastly, the School division has two separate needs to reclassify funds at this time. First, the nutrition will fund a mechanic who should be reported in the operations and maintenance category. This will shift $67,277 between categories. Second, as of October 31 budgets need to be reclassified between categories as follows: Instruction$ 6,345.00 Administration, attendance, and health (10,416.00) Pupil transportation (1,500.00) Operation and maintenance(9,224.61) School food services and other non-instructional operations (270.00) Facilities 6,936.61 Debt and fund transfers (1,275.00) Technology 9,404.00 - The requested Ordinance change by category to reflect the items discussed above is as follows: Instruction$4,283,717 Administration, attendance, and health 15,192 Pupil transportation 219,656 Operation and maintenance 410,087 School food services and other non-instructional operations (67,547) Facilities 6,937 Debt and fund transfers 38,725 Technology 59,404 $4,966,171 FISCAL IMPACT: The appropriation of the requested funds to Roanoke County Public Schools will increase their total funds by $4,966,171; the funds will then be transferred out as outlined above to the appropriate areas. STAFF RECOMMENDATION: Staff recommends the approval of the first reading of the ordinance and scheduling the second reading for December 12, 2023. Page 2of 2 2023-2024 Budget Revisions General Assembly Special Session Chapter 1 Chapter 1 Budget Revision | ALL In VA Plan | Grants | Expenditure Realignment 11/2/23 Agenda Chapter 1ALL In VA PlanGrants Budget Revision 11/2/23 Chapter 1 Budget Revision •2023 Special Session I Chapter 1 Final Budget Approved September 14, 2023 11/2/23 Chapter 1 Budget Revision State Revenue 20242024Chapter 1 AdoptedChapter 1vs House ADM 13,37513,375 General Fund$102,795,758$103,449,538$ 653,780 Instructional Resources Fund1,125,5591,125,559 Grant Fund2,110,0516,172,4424,062,391 Nutrition Fund271,788271,788 Total All Funds$106,303,156$111,019,327$4,716,171 Per Pupil Revenues General Fund7,6867,735 Instructional Resources Fund8484 Grant Fund158461 Nutrition Fund2020 Total All Funds 7,9488,300 11/2/23 General Fund Priorities Human Resources •$21,530 for 5 additional football assistant coaches •$13,995 for 5 additional volleyball assistant coaches Administration •$40,000 for athletic allotments •$16,808 for copy paper Special Education •$ 8,800 for EpiPens •$50,000 for Mandttraining •$13,426 for Homebound 11/2/23 General Fund Priorities Secondary Instruction •$15,105 for Governor School tuition fee increase CTE •$59,208 for Work-based learning coordinator (including FICA and benefits) Facilities •$ 30,000 for Dumpster fees •$122,035 for Facilities special project crew (2) (including FICA and benefits) •$200,000 for Facilities special project materials and equipment Finance •$62,873 for Glenvar Middle bookkeeper (including FICA and benefits) 11/2/23 General Fund and Nutrition Fund Position Facilities Nutrition Managed $67,277 Nutrition Mechanic (including FICA and benefits) 11/2/23 11/2/23 ALL In VA Plan •Roanoke County Public Schools allocation of $4,063,973 11/2/23 ALL In VA •Tutoring/Learning Acceleration w/ Focus on Grades 3 Category 1 •Goal 70% of funding •Preparation for and Implementation of the Virginia Literacy Act Category 2 •Goal 20% of funding •Student Attendance Recovery/Addressing Chronic Absenteeism Category 3 •Goal 10% of funding •Additional Operating and Infrastructure Category 4 Support Expenditures 11/2/23 Category 1: Tutoring/Learning Acceleration Based on multiple achievement measures, we have identified roughly 1/3 of students in grades 3-8 for some level of acceleration. •The state recommends an acceleration model where students work on current content and work on learning gaps during that process. •Plan to use the state-provided high dosage tutoring vendors •Ignite Reading •Zearn (math) •Elementary schools •Creating half hour blocks in their daily schedule •After school options •Middle schools •Working in 95-minute blocks with additional pull-out options •After school options 11/2/23 Category 1: Tutoring/Learning Acceleration 20242025 Elementary School in-school tutoring $363,319$121,106 Elementary School after school tutoring $104,959 $104,959 Elementary School summer school $284,713 $ Elementary School math specialists ARPA Funded $169,050 Middle School in-school tutoring $252,305 $252,305 Middle School after school tutoring $ 4,844 $ 4,844 Middle School summer school $ 81,815 $ 81,815 Middle School reading specialists ARPA Funded $385,482 Grand Total $1,091,955 $1,119,561 70.8% of Total Funding 11/2/23 Category 2: Virginia Literacy Act •Requires divisions to develop a state-approved literacy plan •Core curriculum must align with the Science of Reading •Supplemental materials and interventions must align with the Science of Reading •Divisions must provide training in Science of Reading for teachers, reading specialists, and principals •Reading instruction must follow the approved literacy plan and use approved materials •Reading specialists develop, oversee, and monitor student reading plans for th students in KG – 8 grade not meeting literacy benchmarks •Increases the ratio of reading specialists (1 for each 550 students in KG grade) th •Extends the reading specialist SOQ to 8 grade 11/2/23 Category 2: Virginia Literacy Act Pre-20222022-2023 School Year Roanoke County Public Schools RCPS implemented about half of the moved towards Science of Readingrequirements of the law General Assembly passed the Virginia RCPS is implementing more Literacy Actrequirements of the law 2021-2022 School Year2023-2024 School Year 11/2/23 Category 2: Virginia Literacy Act 20242025 Phonological Awareness Literacy tutoring$16,148$16,148 Virginia Literacy Act coordinator$41,211$41,211 Virginia Literacy Act instructional materials$ -$250,000 Grand Total $57,359$307,359 9.4% of Total Funding 11/2/23 Category 3: Addressing Chronic Absenteeism Elementary Schools Middle Schools 20142015201620172018201920222023 Back Creek Elementary2.112.381.344.112.993.47.068.25Cave Spring Middle Bonsack Elementary1.762.054.373.973.194.274.645.84Glenvar Middle Burlington Elementary3.813.634.378.116.397.5313.313.45Hidden Valley Middle Cave Spring Elementary1.943.470.852.732.333.277.2011.76Northside Middle Clearbrook Elementary5.145.234.328.543.266.358.0613.73William Byrd Middle Fort Lewis Elementary2.272.742.754.892.485.288.2612.00 Glen Cove Elementary2.300.943.824.114.136.1710.9410.94 Glenvar Elementary3.633.464.175.454.193.938.1811.98 High Schools Green Valley Elementary3.163.574.182.894.936.727.1413.03 Herman L. Horn Elementary8.485.876.368.165.998.8211.0816.54 Cave Spring High Mason's Cove Elementary6.538.617.615.987.434.1914.529.18 Glenvar High Mount Pleasant Elementary8.987.327.019.125.748.0114.3515.06 Hidden Valley High Mountain View Elementary2.615.002.472.262.074.4210.1618.26 Northside High Oak Grove Elementary3.463.035.622.992.273.229.0911.68 William Byrd High Penn Forest Elementary1.331.742.003.332.182.646.0013.68 W.E. Cundiff Elementary9.385.497.4410.768.967.5513.3516.13 11/2/23 Category 3: Addressing Chronic Absenteeism •Communication •Notices to all students of attendance policy •Notices in foreign languages for students learning English •Targeted Outreach •Attendance Works program •Data disaggregation to identify attendance issues •Outreach by school staff when students are absent and have no parental note •Truancy •Create uniform process for attendance meetings and monitoring of attendance •New program for student attendance support meetings with the participation of community agencies 11/2/23 Category 3: Addressing Chronic Absenteeism 20242025 Intervention specialist$41,509 $87,168 Lead social worker (add 20 days)$ 5,510 $11,570 A-Step Teacher$34,504 $72,459 Incentives$81,000 $72,882 $162,523$244,079 14.4% of Total Funding 11/2/23 Category 4: Additional Support 20242025 Elementary summer school transportation$66,140$ Middle summer school transportation$51,672$51,672 Grand Total $117,812$51,672 5.4% of Total Funding 11/2/23 Pay Plan Changes Supplements and Other Pay Rates •Teacher after hours $30/hour 11/2/23 Grants •New grants not included in the original budget, but awarded to Roanoke County Public Schools for 2023 •Grant special projects balances increase request 11/2/23 New Grants Virginia Commission of Virginia Department of the Arts Touring GrantsSTEM Team Grant •Green Valley $895•Green Valley Solar Car $5,000 •Mt. Pleasant $100 11/2/23 Grant Special Project Balances Operating Fund General Fund Fleet Fund Grant Fund Original Budget $ 200,000 $ 26,000 $ 200,000 $ 421,274 Instruction $ 66,700 $ 6,500 $ - $ (93,504) Administration, attendance, $ 22,200 $ - $ - $ and health Pupil transportation $ 22,200 $ - $ 200,000 $ Operation and maintenance $ 22,200 $ 6,500 $ - $ School food services and other non- instructional operations $ - $ - $ - $ Facilities $ 22,200 $ 6,500 $ - $ Debt and fund transfers $ 22,200 $ - $ - $ Technology $ 22,300 $ 6,500 $ - $ 15,971 October 31, 2023 Budget $ 200,000 $ 26,000 $ 200,000 $ (77,533) $ 200,000 Request increase in budget in Grant Fund for Instruction $ 50,000 Request increase in budget in Grant Fund for Technology Remaining Budget $ 200,000 $ 26,000 $ 200,000 $ 172,467 11/2/23 11/2/23 Realignment •Shifting of costs between functions to align with spending. •Requested amendments to the budget ordinance for consideration by the County of Roanoke Board of Supervisors. 11/2/23 Current Budget Realignment Administration, Operation School food attendance, and Pupil and services and Debt and fund Instructionhealthtransportationmaintenanceother non-Facilitiestransfers ORDINANCE Categories$ 141,100,293$ 8,937,355$ 10,790,025$ 19,795,233 $ 8,534,234 $ 28,299,221$ 22,605,537 Noncategorical - SAFS Noncategorical - IHEA Noncategorical - IDEN Noncategorical - IWKR Noncategorical - OPEB $ 141,100,293$ 8,937,355$ 10,790,025$ 19,795,233 $ 8,534,234 $ 28,299,221$ 22,605,537 VERIFICATION OF FINAL BUDGET General Fund$ 130,621,956$ 8,826,939$ 8,618,916$ 18,058,451 $ 30,000$ 281,768$ 21,104,262 Fleet Replacement Fund$ - $ - $ 2,069,609$ 244,494$ -$ -$ - Instructional Resources Fund$ 1,210,405$ - $ -$ -$ -$ -$ - Technology Replacement Fund$ - $ - $ -$ -$ -$ -$ - Grant Fund$ 7,749,277$ - $ -$ -$ -$ -$ - Nutrition Fund$ - $ - $ -$ -$ 8,453,964 $ -$ - School Activity Funds$ 1,500,000$ 100,000$ 100,000$ 100,000$ 50,000$ 550,000$ 1,000,000 Bond Fund$ - $ - $ -$ -$ -$ 25,000,000$ - Major Projects Fund$ - $ - $ -$ -$ -$ 2,257,453$ 500,000 Minor Projects Fund$ 25,000 $ - $ -$ 1,383,063$ -$ 216,937$ - Health Insurance Fund$ - $ - $ -$ -$ -$ -$ - Dental Insurance Fund$ - $ - $ -$ -$ -$ -$ - Risk Management Fund$ - $ - $ -$ -$ -$ -$ - OPEB Trust Fund$ - $ - $ -$ -$ -$ -$ - $ 141,106,638$ 8,926,939$ 10,788,525$ 19,786,008 $ 8,533,964 $ 28,306,158$ 22,604,262 $ 6,345$ (10,416)$ (1,500)$ (9,225)$ (270)$ 6,937$ (1,275) Total Decreases Total Increases 11/2/23 Ordinance Request General Fund Chapter 1 Budget$ 653,780 Instruction Grant Fund ALL In VA Plan4,063,973 Administration, attendance, and health Grant Fund Mentor Teacher Grant(1,582)Pupil transportation Grant Fund Additional Grant Contingency250,000 Operation and maintenance Nutrition Mechanic from Nutrition(67,277)School food services and Nutrition Mechanic to Operations & Maint.67,277 other non Current Budget Realignment22,686 Facilities Current Budget Realignment(22,686)Debt and fund transfers Technology $4,966,171 11/2/23 Any Questions? 11/2/23 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2023 ORDINANCE APPROPRIATING AN ADDITIONAL $4,966,171 TO THE FISCAL YEAR 2023-2024 ROANOKE COUNTY PUBLIC SCHOOLS BUDGET WHEREAS, on May 23, 2023, the Board of Supervisors approved ordinance 052323-4 appropriating funds for the fiscal year 2023-2024 Roanoke County Public Schools Categories; and WHEREAS, subsequently on September 14, 2023, the Governor signed the 2023 Special Session 1 Chapter 1 Final Budget for the biennium, which provided $653,780 in additional funding for the General Fund, $4,063,973 in additional funding for the Grant Fund for the ALL in VA Plan, and $(1,582) in reduced funding for the Grant Fund for the Mentor Teacher Grant, and the School Board appropriated $4,716,171 for these changes and appropriated an additional $250,000 to cover overages and add a buffer for the rest of the year; WHEREAS, grant balances are estimated when developing the original budget, and after the year begins, actual awards vary from estimates; additionally, unexpected grants may be received each year; and in the original 2023-2024 budget, $421,274 was set aside in the Grant Fund special projects revenue and expenditures to absorb these differences; and WHEREAS, during the current year, the IDEA Title VIb and ESEA Title I grants were awarded at balances significantly higher than budgeted, which used the entire special projects balance; and WHEREAS, Ordinance 052323-4 appropriated 2023-2024 funds for Roanoke County Public Schools by categories, and any reclassification of budget or use of funds between categories must be approved by the Board of Supervisors; and the school division has two separate needs to reclassify funds at this time: First, the nutrition fund will fund a mechanic who should be reported in the operations and maintenance category, which will shift $67,277 between categories, and second, as of October 31, budgets have been reclassified between categories as follows: Instruction $ 6,345.00 Administration, attendance, and health (10,416.00) Pupil transportation (1,500.00) Operation and maintenance (9,224.61) School food services and other non-instructional operations (270.00) Facilities 6,936.61 Debt and fund transfers (1,275.00) Technology 9,404.00 $ - The requested Ordinance change by category reflects these requests as follows: Instruction $ 4,283,717 Administration, attendance, and health 15,192 Pupil transportation 219,656 Operation and maintenance 410,087 School food services and other non-instructional operations (67,547) Facilities 6,937 Debt and fund transfers 38,725 Technology 59,404 $ 4,966,171 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 November 15, 2023, and the second reading was held on December 12, 2023. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an additional $4,966,171 be appropriated to the Roanoke County -2024 budget and categorized for the purposes as set forth above. 2. That this ordinance shall take effect from and after the date of adoption. 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: November 15, 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: expired June 30, 2022. Mr. Arthur does not wish to be reappointed. 2. 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. Page 1 of 2 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, NOVEMBER 15, 2023 RESOLUTION APPROVINGAND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM F- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for November 15, 2023, designated as Item F-Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of minutes –October 22, 2013 2. Request to accept and allocate funds of $34,200 from the US Department of Justice grant funds along with a $34,200 local match from the fiscal year 2023/2024 Police Department operating budget 3. Ordinance authorizing the approval of a permanent open-space easement to the Virginia Outdoors Foundation on property owned by the Roanoke County Board of Supervisors and the Virginia Recreational Facilities Authority for Explore Park, identified as Tax Parcel Number 080.00-05-17.00-0000 in Roanoke County and Tax Parcel Numbers 172 A 42 and 172 A 14A in Bedford County (Second Reading) 4. Ordinance accepting the donation of approximately 0.0331 acres of real property located at 1900 Timberview Road (a portion of Roanoke County Tax Map Number 036.10-01-10.00-0000), Catawba Magisterial district (First Reading and Request for Second Reading) 5. Ordinance 1) accepting a staffing recognition grant in the amount of $102,500 from the Virginia 9-1-1 services board, and appropriating such funds to the grant account, and 2) authorizing the payment of monetary bonuses to the County’s eligible E-9-1-1 employees (First Reading and Request for Second Reading) Page 1of 1 ACTION NO. ITEM NO. F.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2023 AGENDA ITEM: Request to accept and allocate funds of $34,200 from the US Department of Justice grant funds along with a $34,200 local match from the fiscal year 2023/2024 Police Department operating budget SUBMITTED BY: Michael Poindexter Chief of Police APPROVED BY: Richard L. Caywood County Administrator ISSUE: The acceptance and allocation of $34,200 from the US Department of Justice's Bulletproof Vest Partnership (BVP) along with a local match of $34,200 from the fiscal year 2023/2024 Police Department operating budget BACKGROUND: The Bureau of Justice Assistance (BJA) Patrick Leahy Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1988 is a unique Department of Justice initiative designed to provide critical resources to State and local law enforcement. Since 1999, the BVP program has awarded more than 13,000 jurisdictions a total of $548 million in federal funds for the purchase of over 1 million vests (1,490,930). DISCUSSION: The US Department of Justice's Bulletproof Vest Partnership (BVP) has awarded the Roanoke County Police Department grant funds to assist in the purchase of protective vests for officers. Page 1of 2 FISCAL IMPACT: The total amount of the grant awarded is $68,400, which requires a fifty percent (50%) local match. The US Department of Justice grant funds total $34,200 and the Police Departments fiscal year 2023-2024 operating budget will be used for the required fifty percent (50%) local match in the amount of $34,200. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds in the amount of $34,200 from the US Department of Justice's Bulletproof Vest Partnership along with allocating $34,200 from the Police Department operating budget to the Grant Fund. Page 2of 2 ACTION NO. ITEM NO. F.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2023 AGENDA ITEM: Ordinance authorizing the approval of a permanent open- space easement to the Virginia Outdoors Foundation on property owned by the Roanoke County Board of Supervisors and the Virginia Recreational Facilities Authority for Explore Park, identified as Tax Parcel Number 080.00- 05-17.00-0000 in Roanoke County and Tax Parcel Numbers 172 A 42 and 172 A 14A in Bedford County SUBMITTED BY: Lindsay B. Webb Parks Planning and Development Manager APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance authorizing the approval of a permanent open-space easement to the Virginia Outdoors Foundation on property owned by the Roanoke County Board of Supervisors and the Virginia Recreational Facilities Authority for Explore Park, identified as Tax Parcel Number 080.00-05-17.00-0000 in Roanoke County and Tax Parcel Numbers 172 A 42 and 172 A 14A in Bedford County. BACKGROUND: Roanoke County has operated Explore Park since 2013 under a 99-year lease from the Virginia Recreational Facilities Authority (VRFA), a political subdivision of the Commonwealth that owns over 1,100 acres along the Roanoke River in Bedford and Roanoke Counties. Following an extensive public involvement process, Roanoke County developed the 2016 Explore Park Adventure Plan that proposed a new vision for Explore Park as an outdoor adventure recreation destination. The Adventure Plan also proposes preserving much of Explore Park in its natural state to allow for passive recreation, open space, and forest conservation. There are three parcels totaling 42.94 acres that are located north of the Roanoke River Page 1 of 3 within the boundaries of Explore Park. The parcels are located in Bedford and Roanoke Counties, identified as Roanoke County Tax Parcel Number 080.00-05-17.00-0000 and Bedford County Tax Parcel Numbers 172 A 42, and 172 A 14A, as shown on the attached map. These parcels are co-owned by the VRFA and Roanoke County Board of Supervisors, who each own a one-half interest (50%) in the properties. Roanoke -interest in the properties was funded through a Virginia Outdoors Foundation (VOF) Forest CORE Program grant accepted and appropriated by the Board of Supervisors on December 15, 2020 (Ordinance 121520-6). The Roanoke County Board of Supervisors authorized acquisition of the one-half interest in the parcels (Ordinance 042523-1.f) which occurred in June of 2023 (Bedford County Circuit the grant agreement executed between Roanoke County and the VOF, the deed of conveyance designated the property as open-space land in accordance with the Open- Space Land Act (Va. Code § 10.1-1700 et seq.) including Section 10.1-1701 of the Code of Virginia (1950), as amended. DISCUSSION: The VOF Forest CORE Program grant agreement also requires that forestry and open space restrictions be imposed in perpetuity by enforceable restrictions set forth in a deed of open-space easement to be granted to the VOF by Roanoke County and the VRFA. Roanoke County and the VOF staff have conducted a rigorous review and negotiated the terms of the deed of open space easement, which are included as an attachment with this staff report. Exhibit A was developed by staff in the Roanoke County Departments of Planning and Development Services to document existing cleared areas on the property that will be reserved as Development Areas to enable future implementation of the Explore Park Adventure Plan. The Pine Mountain Adventure Node is identified as a development area within Explore Park that is located on the subject parcels and proposes future development of a zip line, trails, a parking lot, access road, restrooms, picnic shelter, observation tower, and supporting recreational amenities. The proposed deed of easement incorporates the permanent protection of forested areas on the subject parcels with the exception of the Development Areas. The easement restricts future division of the property and allows a total impervious coverage area of 20,000 square feet. Additionally, the easement allows tree removal outside of the Development Areas to facilitate future development of trails and zip lines. Tree removal is allowed for forestry management and maintenance needs, including diseases, storm damage, hazardous conditions, and invasive species management. The deed of easement was presented to the VRFA Board of Directors on October 5, 2023; however, the VRFA Board could not take action due to legal concerns from their attorneys regarding the restrictiveness of the easement language. The deed of easement is currently under review by VRFA legal counsel. County staff anticipate that Page 2 of 3 any revisions to the deed of open-space easement agreed upon by the VRFA and VOF after submission of this report will be less restrictive than those included in the draft attached hereto. A VRFA Board of Directors meeting is scheduled for November 9, 2023 to reconsider a final draft of the deed of easement. There have been no changes since the first reading of this ordinance on October 24, 2023. FISCAL IMPACT: The VOF Forest CORE Program provides one-hundred percent (100%) of the costs associated with the land acquisition and easement. There is no local match required. Funding for the purchase and incidental costs of the acquisition is available in the -6 whereby the Board accepted and appropriated $165,450.00 from the VOF for the purchase of the land. VOF reserves the right to reclaim grant funds or properties purchased with grant funds or to nullify the grant agreement if recipient fails to meet land transfer deadlines, obtain appropriate open space protection, appropriate forest management provision, or provide required documentation regardless of transfer of ownership. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Page 3 of 3 Mayes/VRFA (Tax Map No. 172-A-14A, 8.05acres) Mayes/VRFA (Tax Map No. 172-A-42, 1. acres) Mayes/VRFA (Tax Map No. 080.00-05-17.00-0000,. acres) ´ Explore Park National Park Service Jurisdictional Boundary Railroad Tracks Roanoke River Feet 08001,6003,200 Back Creek Proposed Property Acquisition from Betty W. Mayes Roanoke County, VA 2019, Source: Esri, Maxar, GeoEye, Earthstar ER TZ Virginia Outdoors Foundation Forest CORE Grant Fund Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community NOTE TO TITLE EXAMINERS: This open-space easement contains restrictions on permitted uses and activities on the property described below, which run with the land and are applicable to the property in perpetuity. Prepared by: F. Bruce Stewart (VSB 08780) Return to: Virginia Outdoors Foundation 39 Garrett Street, Ste 200 Warrenton, VA 20186 Parcel ID Numbers: 172-A-42 and 172-A-14A (Bedford County) 0800.00-05-17.00-0000 (Roanoke County) Exempt from recordation taxes under the Code of Virginia (1950), as amended, Sections 58.1-811 (A) (3), 58.1-11(D) and 10.1-1803 s pursuant to Section 17.1-266, THIS DEED OF OPEN-SPACE s ___ day of _________, 2023, between the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, and VIRGINIA RECREATIONAL FACILITIES AUTHORITY, a recreational facilities authority created under Virginia Code Section 10.1-1600 et seq., (together, s) and the VIRGINIA OUTDOORS FOUNDATION, an agency of the ); s s and Grantee and their respective successors and assigns), witnesseth: RECITALS: R-1 Grantors are the owners in fee simple of real property situated in Bedford County, Virginia and Roanoke County, Virginia containing 42.9429 acres, as further described below (the -space easement over the Property as herein set forth. R-2 Grantee is a governmental agency of the Commonwealth of Virginia and is willing to accept a perpetual open-space easement over the Property as herein set forth. R-3 preservation of permanent open-space land are necessary to help curb urban sprawl, to prevent the spread of urban blight and deterioration, to encourage and assist more economic and desirable urban development, to help provide or preserve necessary park, recreational, historic, and scenic in real property, including easements in gross, as a means of preserving open-space land. The balance of the Chapter is codified in Chapter 17, Title 10.1, Sections 10.1-1700 through 10.1- -. R-4 Pursuant to the Open-Space Land Act, the purposes of this Easement include retaining and protecting the open-space and natural resource values of the Property and ensures that the Property will remain perpetually available for open-space use. R-5 Chapter 525 of the Virginia Acts of 1966, Chapter 18, Title 10.1, Sections 10.1-1800 through 10.1-1804 of the Code of Virginia, declares it to be the public policy of the Commonwealth to encourage preservation of open-space land and authorizes the Virginia Outdoors Foundation to hold real property or any estate or interest therein for the purpose of preserving the natural, scenic, historic, scientific, open-space, and recreational lands of the Commonwealth. R-6 As required under Section 10.1-1701 of the Open-Space Land Act, the use of the Property for open-space land conforms to the County of Bedford Comprehensive Plan adopted on June 25, 2007 and amended on August 10, 2015, and the County recognizes through its comprehensive plan the value of natural areas and their protection through conservation easements. The Property is located within an area that is designated as Agricultural/Natural Resource Stewardship on the R-7 As required under Section 10.1-1701 of the Open-Space Land Act, the use of the Property for open-space land conforms to the County of Roanoke Comprehensive Plan adopted on March 22, 2005, and the County recognizes through its comprehensive plan the value of natural areas and their protection through conservation easements. The Property is located within an area that is designated as Rural Preserve R-8 This open-space easement in gross constitutes a restriction granted in perpetuity on the use that may be made of the Property and is in furtherance of and pursuant to the clearly delineated governmental conservation policies set forth below: (i) Land conservation policies of the Commonwealth of Virginia as set forth in: Section 1 of Article XI of the Constitution of Virginia, which states that it is the or destruction, for the benefit, enjoyment, and general welfare of the people of the Commonwealth; b. The Open-Space Land Act cited above; c. Chapter 18, of Title 10.1, Sections 10.1-1800 through 10.1-1804 of the Code of Virginia cited above; d. engaged in a rigorous review, considered, and evaluated the benefits provided by this Easement to the general public as set forth in these recitals, and has concluded that the protection afforded 2 the open-space character of the Property by this Easement will yield a significant public benefit and further the open-space conservation objectives of Grantee and the Commonwealth of Virginia; and e. land conservation strategy of identifying and protecting high- value lands and conservation sites across the Commonwealth of Virginia. The Property or a as a Managed Conservation Land and identified under the Floodplain and Flooding Resilience and Scenic Preservation categories; and (ii) Land use policies of the County of Bedford as delineated in: a) its comprehensive plan adopted on June 25, 2007 and amended on August 10, 2015, to which plan the restrictions set forth in this Easement conform and which includes the following: Chapter 3: Community Character, Design and Aesthetics Objectives and Strategies 3.1: Preservation of prime farmland, agricultural lands, forested 3C. Private/State/Federal Programs. Encourage rural property owners and farmers to participate in private, State and Federal programs designed to conserve land resources. 3.2: Preservation of scenic vistas, viewsheds, and community character along roadways. Chapter 5: Natural Environment Objectives and Strategies 5.1: Surface water that meets or exceeds the appropriate state and federal water quantity and quality standards, consistent with the general needs for the 5B. Incentives. Research and propose incentives for landowners to voluntarily protect the natural habitat on their property and maintain and reestablish riparian buffers on the 5.3 Land within the County maintained at a sustainable level to support the native and harvested flora and fauna. Objectives and Strategies 5.4: Natural and scenic assets of the County shall be preserved. Chapter 8: Economic Development. Objectives and Strategies 8.1: Business retention, business expansion, and growth in new business. 8F. Agriculture Economic Development. Consider growth and preservation of agricultural and farmlands, and natural areas as economic development opportunities, and develop plans and incentives for increasing agricultural economic development and eco-tourism. 3 Chapter 9: Land Use Objectives and Strategies 9.2: Preservation of farmland, forested land, open space, and rural character. 9F. Agricultural Economic Development. Consider growth and preservation of agricultural and farmlands, and natural areas as economic development opportunities, and develop plans and incentives for increasing agricultural economic development and eco-tourism. b. its recognition of the rural character of the Property and support for its taxation for the Property under the authority provided by Chapter 17, Article II of the Code of the County of Bedford, Virginia; and (iii) Land use policies of the County of Roanoke as delineated in: a. its comprehensive plan adopted on March 22, 2005, to which plan the restrictions set forth in this Easement conform and which includes the following: CHAPTER 2 - VISION STATEMENTS Community-Wide Themes 4. Scenic Beauty - The mountains that surround the County provide a sense of place and are a source of beauty, recreational activity and inspiration. Steps must be taken to develop sound conservation policies for our dwindling farm lands, mountainsides and ridges, rivers and streams, soil and air. Resource Preservation 3. In 2010, Roanoke County has enacted ordinances and programs to preserve the integrity of the surrounding mountains and open space. These include mountainside, ridgeline and natural resource protection. 5. In 2010, Roanoke County has established tax incentives to encourage landowners to dedicate their mountain land for scenic and conservation easements. Agriculture and Forestry 5. In 2010, Roanoke County continues to value, protect and preserve the scenic vistas, water resources and other important natural and cultural resources of the rural areas. There continues to be strong recognition that these resources are critical components of the quality of life of the region. CHAPTER 3 - LAND USE ISSUES Design Guidelines Conservation Land Use Areas B. Identify, evaluate and work to assure the preservation of wildlife habitats and corridors, natural landmarks, historic and archaeological sites, significant agricultural lands and examples of natural heritage. Maintain a registry of qualified areas and link 4 decisions concerning land and easement purchases and new developments with the conservation framework established. C. Encourage the establishment of additional Conservation land use areas through conservation easements, greenways and parks that in the end result, create a network of interconnected Conservation areas. Rural Preserve and Rural Village Land Use Areas In those areas of Roanoke County designated as rural and/or agricultural where local officials and residents are looking for preservation options, certain design strategies can be followed. Through the use of these design strategies land will remain available for productive agricultural activities and open space, developers are not placed under any unreasonable constraints, and realtors gain a special marketing tool, in that rural views from the new homes will be guaranteed by the conservation easements. Land Use Recommendations for Rural Areas 1. Encourage land protection and conservation in rural areas. Recognize that tools such as conservation easements are the most cost-effective solution to protecting rural lands. CHAPTER 5 - RESOURCE PRESERVATION Mountains and Ridgetops There are various options for mountains and ridgetop development policies ranging from identifying and preserving steep slopes that should not be developed to adapting the density of development to the terrain so that as slope increases, allowed density decreases. In addition, various design guidelines should be evaluated to minimize land disturbance, encourage retention of existing vegetation and appropriate architecture that blends with the natural surroundings. Another option is to provide legal and financial mechanisms for the acquisition of open space and conservation easements in these areas. b. its recognition of the rural character of the Property and support for use value taxation for the Property under the authority provided by Chapter 21, Article III of the Code of the County of Roanoke, Virginia; and R-9 The Federal Energy Regulatory Commission issued a Certificate of Public Convenience and Necessity on October 13, 2017 to Mountain Valley Pipeline, LLC permitting it to construct a Virginia. R-10 The Commonwealth of Virginia and Mountain Valley Pipeline, LLC entered into a Memorandum of Agreement for Comprehensive Mitigation of Virginia Resource Impacts of the 5 R-11 Pursuant to said agreement certain funds were allocated by the Commonwealth to VOF, with which VOF established the Forest CORE (Community Opportunities for Restoration and Enhancement) Program to help mitigate the impact of forest fragmentation in the Commonwealth. R-12 VOF has consulted with various agencies and departments of the Commonwealth and has ensured that this conveyance and the restrictions conveyed herein meets the mitigation goals of protection and enhancement of natural resources. R-13 Pursuant to the Forest CORE Program as described above and in accordance with a grant agreement dated January 7, 2021 (amended on 11/18/22) between Grantee and the Roanoke County Department of Parks, Recreation and Tourism , Grantee awarded a Forest CORE grant in the amount of $165,450.00 to Roanoke County for purchase of a one-half undivided interest in the Property. The Roanoke County Board of Supervisors accepted and appropriated the Forest CORE grant funding on December 15, 2020 (Ordinance 121520-6). R-14 The Property is bounded by the Roanoke River to the west and is surrounded by lands within Explore Park, a popular outdoor recreational destination for multiple activities including hiking, fishing, camping, mountain biking, disc golf, aerial adventures, kayaking, and tubing. The Property lies predominantly within Roanoke County and will be managed by Roanoke County, per a 99-year lease agreement executed in September 2013 with the Virginia Recreational Facilities Authority. According to Roanoke adopted by the Roanoke County Board of Supervisors on September 13, 2016 (Resolution 091316-2), the Property is a critical component of a planned expansion across the river known as East and the Pine Mountain Adventure NodeThe prohibition of timbering on the Property herein will help to enhance the experience of recreational users on both sides of the river. R-15 The Property extends from the top of Pine Mountain (1,362 feet) on the Roanoke/Bedford county line down steep wooded slopes to the Roanoke River below. The Property is severed by property owned by the Norfolk Southern Railway right-of-way. The upper elevations of the Property can be seen from many areas throughout Explore Park, particularly along the approach to the park from the Blue Ridge Parkway. The restrictions set forth herein will contribute to the scenic views from roads within the park. R-16 The Property lies within the Roanoke River Gorge and this segment of river is designated qualified by the Virginia Department of Conservation and Recreation for listing as a State Scenic River. The protect rivers and streams that possess outstanding scenic, recreational, historic, and natural characteristics of statewide significance for future generations. Protection of the Property herein helps preserve the scenic and recreational values of the river. R-17 The Property lies on the Roanoke River Blueway approximately halfway between an upstream access point at Niagara Dam and a downstream access point at Rutrough Point. Blueways are water trails in Virginia including these managed systems of access points and support facilities to allow trail users opportunities for multi-day trips. Restrictions herein 6 prohibiting timbering on the Property will help to preserve the scenic enjoyment of the public using this Blueway. R-18 The Property borders the Roanoke River along a segment designated by the Virginia Department of Wildlife Resources as Threatened and Endangered Species Waters, due to occurrences of the Roanoke logperch (Percina rex). Protection of the Property herein by prohibiting timbering helps to preserve the habitat for this natural heritage species. R-19 Carbon storage is important in lessening the amount of carbon rising and trapping heat in the atmosphere. According to the Environmental Protection Agency in 2020, forests in the United The provision set forth herein requiring that the forest on the Property be maintained in a natural state will help offset the R-20 This Easement will yield significant public benefit to the citizens of the Commonwealth as set forth in these recitals and in Section I below. R-21 Grantors and Grantee desire to protect in perpetuity the conservation values of the Property as specified in Section I by restricting the use of the Property as set forth in Section II. R-22 Grantee has determined that the restrictions set forth in Section II (the Restrictions) will preserve and protect in perpetuity the conservation values of the Property and will limit use of the Property to those uses consistent with, and not adversely affecting, the conservation values of the Property and the governmental conservation policies furthered by this Easement. R-23 Grantee, by acceptance of this Easement, designates the Property as property to be retained and used in perpetuity for the preservation and provision of forestal, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of real property pursuant to the Open-Space Land Act. NOW, THEREFORE, in consideration of the foregoing recitals, incorporated herein and made a part hereof, and in consideration of the mutual covenants herein and their acceptance by Grantee, Grantors do hereby grant and convey to Grantee for the public purposes set forth below an open-space easement in to restrict the use of, the Property , which is described below and consists of 42.9429 acres located in Bedford County and Roanoke County, accessible from Breezewood Lane, to-wit: Parcel 1 All that certain tract or parcel of land lying, being, and situate in the Blue Ridge Magisterial District, Bedford County, Virginia, bearing Bedford County Tax Map No. 172 A 14A and containing 8.1053 acres as shown SURVEY OF 31.2162 AC. 1,359,780 S.F. BEING TAX #172 A 14A 8.1053 ACRES (353,068 S.F.) AND TAX #080.00-05-17.00-0000 23.1109 ACRES (1,006,712 S.F.) PROPERTY OF VIRGINIA 7 RECREATIONAL FACILITIES AUTHORITY D.B. 705, PG. 310 (PARCEL II) (BEDFORD COUNTY) D.B. 1294, PG. 313 (PARCEL II) (ROANOKE COUNTY) AND BETTY W. MAYES WILL INSTRUMENT #180000218 (BEDFORD COUNTY) WILL INSTRUMENT #202100621 (ROANOKE COUNTY) SITUATED NEAR THE TERMINUS OF BREEZEWOOD LANE BLUE RIDGE MAGISTERIAL DISTRICT BEDFORD COUNTY, VIRGINIA VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, and recorded as Instrument #230004741 in the land records of the Bedford County Circuit Court C. and Parcel 2 All that certain tract or parcel of land lying, being, and situate in the Blue Ridge Magisterial District, Bedford County, Virginia, bearing Bedford County Tax Map No. 172 A 42 and containing 11.7267 acres as shown PLAT SHOWING ALTA/NSPS LAND TITLE SURVEY TAX #172 A 42 11.7267 ACRES (510,814 S.F.) PROPERTY OF VIRGINIA RECREATIONAL FACILITIES AUTHORITY D.B. 705, PG. 310 (PARCEL II) (BEDFORD COUNTY) D.B. 1294, PG. 313 (PARCEL II) (ROANOKE COUNTY) AND BETTY W. MAYES WILL INSTRUMENT #180000218 (BEDFORD COUNTY) SITUATED AT THE TERMINUS OF BREEZEWOOD LANE BLUE RIDGE dated November 22, 2022 and recorded as Instrument #230004742 in the land . Parcels 1 and 2 being owned by the Board of Supervisors of Roanoke County, Virginia and the Virginia Recreational Facilities Authority as tenants in common, with the Board of Supervisors of Roanoke County, Virginia accepting their one-half interest in the said property by Deed dated May 31, 2023 Circuit Court on June 13, 2023 as Instrument #230004743, and the Virginia Recreational Facilities Authority accepting their one-half interest in the said property by Deed dated October 18, 1988 recorded in on October 20, 1988 at Deed Book 705 Page 310. Parcel 3 All that certain tract or parcel of land lying, being, and situate in the Vinton Magisterial District, Roanoke County, Virginia, bearing Roanoke County Tax Map No. 080.00-05-17.00-0000 and containing 23.1109 acres (19.0486 acres east of the Norfolk Southern Railway track and 4.0623 acres west of the Norfolk Southern Railway track) as shown on 8 SURVEY OF 31.2162 AC. 1,359,780 S.F. BEING TAX #172 A 14A 8.1053 ACRES (353,068 S.F.) AND TAX #080.00-05-17.00-0000 23.1109 ACRES (1,006,712 S.F.) PROPERTY OF VIRGINIA RECREATIONAL FACILITIES AUTHORITY D.B. 705, PG. 310 (PARCEL II) (BEDFORD COUNTY) D.B. 1294, PG. 313 (PARCEL II) (ROANOKE COUNTY) AND BETTY W. MAYES WILL INSTRUMENT #180000218 (BEDFORD COUNTY) WILL INSTRUMENT #202100621 (ROANOKE COUNTY) SITUATED NEAR THE TERMINUS OF BREEZEWOOD LANE BLUE RIDGE MAGISTERIAL DISTRICT BEDFORD COUNTY, VIRGINIA VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, #202304104 in the land records of the Roanoke County Circuit Court Parcel 3 being owned by the Board of Supervisors of Roanoke County, Virginia and the Virginia Recreational Facilities Authority as tenants in common, with the Board of Supervisors of Roanoke County, Virginia accepting their one-half interest in the said property by Deed dated May 31, 2023 Court on June 7, 2023 as Instrument #202304106, and the Virginia Recreational Facilities Authority accepting their one-half interest in the said property by Deed dated October 18, 1988 Office of the Roanoke County Circuit Court on October 20, 1988 at Deed Book 1294 Page 313. The Property is shown as Parcel ID Numbers 172-A-42 and 172-A-14A among the land records of the County of Bedford, Virginia and as Parcel ID Number 080.00-05-17.00-0000 among the land records of the County of Roanoke, Virginia. Even though the Property consists of three parcels for real estate tax purposes and it may have been acquired previously as separate parcels, it will be considered one parcel for purposes of this Easement, and the restrictions of this Easement will apply to the Property as a whole and will bind Grantors and Grantors successors in interest in perpetuity. This conveyance is made subject to all conditions, restrictions, reservations, restrictive covenants, and easements of record, but is not intended to re-impose any of them. SECTION I -PURPOSES The purpose of this Easement is to preserve and protect the conservation values of the Property in perpetuity by imposing the restrictions on the use of the Property set forth below in Section II and providing for their enforcement in Section III. The conservation values of the Property are 9 described in the above recitals, are documented in the Baseline Documentation Report described in Section IV below, -space, scenic, recreational, and natural values. Grantors covenant that no acts or uses are currently being conducted or will be conducted on the Property which are inconsistent with the conservation purposes of the conveyance. SECTION II - RESTRICTIONS Restrictions are hereby imposed on the use of the Property, which run with the land in perpetuity and are binding on Grantors, their successors and assigns. The acts that Grantors covenant to do or not to do upon the Property and the restrictions that VOF is hereby entitled to enforce are and shall be as follows: 1. DIVISION. The Property shall be maintained as a whole, and separate conveyance of a portion of the Property is prohibited, regardless of the number of tax map parcels or tracts it currently encompasses and regardless of the subdivision regulations of Bedford and Roanoke Counties as they now exist or may change from time to time. For purposes of this Easement, division of the Property also includes, but is not limited to, (a) recordation of a subdivision plat, (b) judicial partitioning of the Property, (c) testamentary partitioning of the Property, or (d) pledging for debt of a portion of the Property. 2. IMPERVIOUS COVERAGE LIMITATIONS. (i) Impervious coverage is the roof area measured in square feet of all three-dimensional buildings and structures, excluding walls and fences and the ground area measured in square feet of all two-dimensional surfaces exceeding 2,000 square feet not including roads or driveways. For the purposes of this Easement solar panels are to be considered impervious surfaces. Total impervious coverage, including that of both existing and additional improvements, may not exceed 20,000 square feet. (ii) If Grantors can demonstrate that an increase in the total impervious coverage would result in increased protection of the Conservation Values, Grantee may approve such increase. 3. BUILDINGS, STRUCTURES, ROADS, DRIVEWAYS, PARKING AREAS, TRAILS, AND UTILITIES No buildings, structures, roads, driveways, parking areas, trails, or utilities, other than the following, are permitted on the Property: (i) Non-residential buildings and structures. Non-residential buildings and structures on the Property commonly and appropriately incidental to public 10 recreational activities, including, but not limited to, restroom facilities, picnic shelters, observation tower, zip line towers, and informational kiosks, all sized appropriately to serve as amenities for public recreational activities as described in Section II Paragraph 4 below, with the right to construct, use, enlarge, maintain, and replace such buildings and structures, all subject to the impervious coverage limitations set forth in Section II Paragraph 2 above and any other restrictions set forth elsewhere in this Easement. (ii) Roads, parking areas, and trails. (a) Private roads and driveways to serve permitted buildings and structures and permitted uses and activities and parking areas for the public; (b) Private roads or driveways and access easements over same to serve adjacent properties, provided such roads have the prior written approval of Grantee, which approval will take into consideration the impact of the roads on the conservation values of the Property; and (c) Trails including, but not limited to, hiking, biking, and equestrian trails. (iii) Utilities and renewable energy facilities. (a) Public or private utilities within existing rights-of-way therefor, consistent with any recorded instrument granting such rights-of-way; and (b) Public or private utilities and renewable energy facilities used to harness natural renewable energy sources such as sunlight, wind, water, or biomass to serve permitted buildings, structures, or activities on the Property. Such limitation will not prohibit the sale of excess power generated incidentally in the operation of renewable energy facilities. 4. ACTIVITIES. No activities other than the following are permitted on the Property, provided, however, that such activities may not be carried out in a way that is inconsistent with the conservation purpose of this Easement: (i) outdoor public recreational activities, such as, nature study, photography, hiking, biking, equestrian use, zip lines, and bird watching, but not activities requiring ballfields, tennis courts, or similar facilities, or activities requiring material alteration of the surface of the land; (ii) natural resource-based educational or scientific activities, provided that they are consistent with the conservation purposes of this Easement and do not impair the Conservation Values of the Property; 11 (iii) small-scale incidental commercial operations compatible with activities set forth in (i) and (ii) above; (iv) management of wildlife; (v) the sale of power in the operation of renewable energy facilities as provided in Section II Paragraph 3 (iii) (b) above; and (vi) restoration, enhancement, or development of ecosystem functions, including forest restoration activities. 5. MANAGEMENT OF FOREST. No timbering is permitted other than for the following purposes: (i) cutting of trees for maintenance of cleared areas (shown as Development Areas A, B and Con the sketch attached hereto as Exhibit A) to be used for permitted parking areas, roads, utilities, buildings, and non-residential buildings and structures allowed above; (ii) cutting of trees for creation and maintenance of trails and zip lines; (iii) cutting of trees, with prior written approval of Grantee, for wildlife habitat management or for the protection or enhancement of natural heritage resources, which approval or disapproval shall take into consideration the ecological importance of tree cover and avoidance of forest fragmentation; (iv) removal of trees posing an imminent hazard to the health or safety of persons or to property; (v) removal of invasive trees or other invasive species or (vi) removal of trees that are diseased, storm-damaged, or have died naturally. In general, the forest shall be maintained in its natural state. Forest management practices conducted shall comply with a Forest Stewardship Plan approved by Grantee with the intent of maintaining or restoring the ecological health and function of the forest and such practices may not be employed primarily for commercial purposes. Best Management Practices (BMPs), as defined by the Virginia Department of Forestry, shall be used to control erosion and protect water quality when a material timber harvest is undertaken, that may be required for (iii), (v), or (vi) above. A pre-harvest plan shall be submitted to Grantee for approval no later than fourteen days before the proposed date of a material timber harvest. The pre-harvest plan shall describe the BMPs to be used in sufficient detail to ensure that water quality will be protected. 12 6. LANDSCAPE ALTERATION, EXCAVATION, AND MINING. (i) Grading, blasting, filling, excavation, or earth removal may not materially alter the topography of the Property except (a) for restoration, enhancement, or development of ecosystem functions on the Property as permitted and limited under Section II, Paragraph 4 (vi) above, or (b) as required in the construction of permitted buildings, structures, driveways, roads, trails, and utilities. (ii) Grading, blasting, filling, or earth removal in excess of one acre for the purposes set forth in subparagraph (i) above requires (iii) Surface mining on the Property, subsurface mining from the surface of the Property, and drilling for oil or gas or other minerals on the Property are prohibited. 7. MEASUREMENTS AND DETERMINATION OF PERMEABILITY All measurements of length, width, square footage, height, and quantity set forth in Section II Paragraphs 1 through 6 above may be made only by employees, agents, or other representatives of Grantee in accordance with common and standard methods of measurement. In addition, determination of whether a particular surface is permeable or impermeable may be made only by employees, agents, or other representatives of Grantee. 8. PUBLIC ACCESS. The public shall have a right of daily access to the Property for recreational uses at times and locations set by Grantors, subject to reasonable restrictions to ensure the security of the Property and safety of the public. Notwithstanding the above, Grantors retains the right to exclude the public from the Property, or a portion thereof, in case of emergency or disaster (for as long as is necessary to abate the emergency or disaster), for maintenance of the Property, and as necessary for resource management and protection. Grantors, in its discretion, may charge fees for access to the Property. SECTION III ENFORCEMENT 1. RIGHT OF INSPECTION. Employees, agents, and other representatives of Grantee may enter the Property or use remote inspection methods from time to time for purposes of (i) inspection (including photographic documentation of the condition of the Property), (ii) flagging or otherwise marking the boundaries of specific areas or zones on the Property that are restricted as to the structures or activities allowed thereon in Section II above, and (iii) enforcement of the terms of this Easement after reasonable notice to Grantors or Grantors representative, provided, however, that in the event of an emergency, entrance may be made to observe, document, prevent, terminate, or mitigate a potential violation of these restrictions with notice to Grantors or Grantors representative being given at the earliest practicable time. 13 2. ENFORCEMENT. (i) Grantee, in accepting this Easement, commits to protecting the conservation purposes of the Easement and has the resources necessary to enforce the restrictions set forth herein. Grantee has the right to bring a judicial proceeding to enforce the restrictions, which right specifically includes the right (a) to require restoration of the Property to its condition on the Effective Date or to require restoration of the Property to its condition prior to a violation hereof, provided that such prior condition was in compliance with the provisions of this Easement; (b) to recover any damages arising from non-compliance; (c) to compel Grantors to disgorge to Grantee any proceeds received in activities undertaken in violation of the restrictions set forth herein; (d) to require Grantors to replant or pay for the replanting of trees on the Property in the event that Grantors harvests timber in violation of any restrictions set forth in Section II above; (e) to enjoin non-compliance by temporary or permanent injunction; and (f) to pursue any other appropriate remedy in equity or law. In any legal action or other proceeding brought regarding the Grantors compliance with the terms of this Easement, the prevailing party shall be entitled to recover its reasonable costs, which may include costs of restoration (if the Grantee prevails), court costs, expert fees, in addition to any other payments ordered by the court. such action as may be necessary to ensure compliance with this Easement, and Grantors hereby waive any defense of waiver, estoppel, or laches with respect to any delay or failure to act by Grantee. (ii) Notwithstanding any other provision of this Easement, Grantors shall not be responsible or liable for any damage to the Property or change in the condition of the Property (a) caused by fire, flood, storm, Acts of God, governmental act, or other cause outside of Grantors control or (b) resulting from prudent action taken by Grantors to avoid, abate, prevent, or mitigate such damage to or changes in the condition of the Property from such causes. (iii) Nothing in this Easement shall create any right in the public or any third party to maintain any judicial proceeding against Grantors or Grantee. The conveyance of this Easement to Grantee does not affect the property rights of contiguous landowners or vest in any contiguous or nearby landowners rights in the Property or in the administration of this Easement by Grantee. SECTION IV DOCUMENTATION Grantors have made available to Grantee, prior to conveyance of this Easement, documentation sufficient to describe the condition and character of the Property, and the Baseline Documentation Report (BDR) describes the condition and character of the Property on the Effective Date. The BDR may be used to determine compliance with and enforcement of the terms of this Easement. However, the parties are not precluded from using other relevant evidence or information to assist in that determination. The parties hereby acknowledge that the BDR contained in the files of Grantee is an accurate representation of the Property. 14 Grantee may compile written reports and photographic or other visual media documentation of the condition of the Property from time to time as a result of inspection of the Property pursuant to Section III Paragraph 1. Right of Inspection above. SECTION V GENERAL PROVISIONS 1. DURATION. This Easement will be perpetual. It is an easement in gross that runs with the land as an incorporeal interest in the Property. The covenants, terms, conditions, and restrictions contained in this Easement are binding upon, and inure to the benefit of, Grantors and its successors in title to the Property, or any portion thereof or interest therein, and will continue as a servitude running in perpetuity with the Property. The rights and obligations of an owner of the Property under this Easement terminate upon proper transfer prior to transfer will survive transfer. 2. . Grantors represent, covenant, and warrants that (i) Grantors have good fee simple title to the Property (including the mineral rights located under the surface of the Property), (ii) Grantors have all right and authority to give, grant and convey this Easement, (iii) the Property is not subject to any purchase options, deed of trust liens, mortgage liens, or other liens to this Easement, (iv) no consent of any third party is required for Grantors to enter into this Easement, and (v) each person signing on behalf of Grantors is authorized to do so. 3. ACCEPTANCE. Grantee accepts this conveyance pursuant to Virginia Code Section 10.1-1801, which acceptance is evidenced by the signature of a Deputy Director or Staff 4. INTERACTION WITH OTHER LAWS. This Easement does not permit any use of the Property that is otherwise prohibited by federal, state, or local law or regulation. Therefore, even though certain structures, infrastructures, or activities are permitted on the Property by this Easement, this does not guarantee that such structures, infrastructures, or activities will be permitted by federal, state, or local governments, which permission will depend upon federal, state, or local laws or regulations. Neither the Property, nor any portion of it, has been or may be proffered or dedicated as open space within, or as part of, a residential subdivision or any other type of residential or commercial development; proffered or dedicated as open space in, or as part of, any real estate development plan; or proffered or dedicated for the purpose of fulfilling density requirements to obtain approvals for zoning, subdivision, site plan, or building permits. No development rights that have been encumbered or extinguished by this Easement may be transferred to any other property pursuant to a transferable development rights scheme, cluster development arrangement, or otherwise. Grantors and Grantee intend by this Easement to permanently and irrevocably terminate and extinguish all development rights (except such rights as are specifically reserved to Grantors by this Easement) that are now, or hereafter may be, allocated to, implied, reserved, or inherent in or to the Property. 15 5. CONSTRUCTION. Pursuant to the public policy of the Commonwealth of Virginia favoring land conservation, any general rule of construction to the contrary notwithstanding (including the common-law rule that covenants restricting the free use of land are disfavored and must be strictly construed), it is the intent of the parties hereto that this Easement and all language contained herein be liberally construed in favor of the grant to effect the purposes of this Easement. If any provision of this Easement is found to be ambiguous, an interpretation that is consistent with the purposes of this Easement (to protect the Conservation Values of the Property and prevent the exercise of reserved rights in a way that would impair such values) and that would render the provision valid will be favored over any interpretation that would render it invalid. Notwithstanding the foregoing, lawful acts or uses consistent with the purposes of and not expressly prohibited by this Easement are permitted on the Property. 6. REFERENCE TO EASEMENT IN SUBSEQUENT DEEDS. It is the intention of Grantors and Grantee that this Easement be referenced by deed book and page number, instrument number, or other appropriate reference in any deed or other instrument conveying any interest in the Property, provided that any failure of Grantors to comply with this requirement will not impair the validity of this Easement, limit this 7. NOTICE TO GRANTEE AND GRANTORS. (i) For the purpose of giving notices hereunder the current address of Grantee is P.O.Box 85073 PMB 38979, Richmond, Virginia 23285-5073, US, the current address of the Virginia Recreational Facilities Authority is P.O. Box 29800 Roanoke, VA 24018 and the current address of the County of Roanoke is P.O. Box 29800 Roanoke, VA 24018. (ii) Grantors must notify Grantee in writing at or prior to closing on any inter vivos transfer other than a deed of trust or mortgage on all or part of the Property. Failure to give such notification will not impair the validity of this Easement, limit its enforceability in any way, or constitute a violation of this Easement. 8. NOTICE AND APPROVAL. (i) Grantors agree to notify Grantee in writing at least 30 days before undertaking any activity or exercising any reserved right that may have an adverse effect on the Conservation Values of the Property as encumbered by this Easement. (ii) Grantors and Grantee acknowledge that, in view of the perpetual nature of this Easement, they are unable to foresee (a) all potential future land uses, (b) future technologies, and (c) future evolution of the land and its resources affecting the Property or the conservation purpose of this Easement. In addition, Grantors and Grantee recognize that (a) best management practices, (b) climate, (c) the ecological state of the region, and (d) scientific knowledge will change over time. Because of this acknowledgement and recognition, Grantors further agree to notify 16 Grantee in writing at least 30 days before undertaking any activity or exercising any reserved right that, because of unforeseen or changed circumstances, involves activities regarding, which the restrictions in this Easement are silent or indeterminate. (iii) Such notice under subparagraph (i) or (ii) must describe the nature, scope, location, timetable, and any other material aspect of the proposed activity in sufficient detail to allow Grantee to ensure that such activity will not have an adverse effect on the Conservation Values of the Property as encumbered by this Easement. Such notice affords Grantee an adequate opportunity to either prohibit or approve and monitor such activities to ensure that they are carried out in a manner not having such adverse effect. (iv) Grantee may grant its consent to such activities if it determines, in its sole discretion, that the performance of such activities (a) does not confer upon Grantors an impermissible private benefit, (b) does not violate any of the terms of this Easement, and (c) does not have an adverse effect on the Conservation Values of the Property. (v) Easement is silent or indeterminate include: (a) disease, pests, fire, storms, or natural disasters; (b) changes in scientific knowledge, technology, or best management practices; (c) the existence of threatened or endangered species on or abutting the Property; (d) changes in climate affecting the condition of the Property or property in the surrounding area; or (e) other unforeseen circumstances that threaten or have an adverse effect on the Property or its Conservation Values. (vi) Grantors may not undertake any such proposed activity or exercise any such reserved right unless and until Grantors 9. NO MERGER. Grantors and Grantee agree that in the event that Grantee acquires a fee interest in the Property, this Easement will not merge into the fee interest, but will survive the deed and continue to encumber the Property. 10. ASSIGNMENT BY GRANTEE. Assignment of this Easement is permitted by Virginia Code Section 10.1-1801, but Grantee may not transfer or convey this Easement unless Grantee conditions such transfer or conveyance on the requirement that (i) all restrictions set forth in this Easement are to be continued in perpetuity and (ii) the transferee is a public body as defined in Section 10.1-1700 of the Open-Space Land Act. Grantee must notify Grantors in writing at or prior to closing that this Easement is being assigned and to whom it is being assigned. 11. CONVERSION OR DIVERSION. Grantors and Grantee intend that this Easement be perpetual and acknowledge that no part of the Property may be converted or diverted from its open-space use except in compliance with the provisions of Section 10.1-1704 of the Open-Space Land Act, which does not permit loss of open space. 17 12. AMENDMENT. Grantee and Grantor may amend this Easement to enhance the Conservation Values of the Property or add acreage to the restricted property by an perpetual duration or remove this Easement from any portion of the Property, (ii) conflict with or be contrary to or inconsistent with the conservation purpose of this Easement, or (iii) reduce the protection of the Conservation Values of the Property. No amendment will be effective unless documented in a notarized document executed by Grantee and Grantors and recorded in the Clerks Offices of the Circuit Courts of Roanoke and Bedford Counties. 13. COST RECOVERY CHARGES. Grantee reserves the right to recover its costs incurred in responding to requests initiated by Grantors involving matters such as easement amendments, project reviews for ecosystem services, preparation of reports to facilitate sales, access or utility easements over the Property, and requests for approval under Section V Paragraph 8 above. Such cost recovery charges will be a published fee schedule. 14. JOINT OWNERSHIP. If Grantors at any time owns the Property or any portion of or interest therein in joint tenancy, tenancy by the entirety, or tenancy in common, all such tenants will be jointly and severally liable for all obligations of Grantors set forth herein. 15. SEVERABILITY. It is the express intent of the parties hereto that all provisions of this Easement be considered and construed as part of the whole and that no provision will be applied in isolation without consideration of the overall purposes of this Easement. Nevertheless, if any provision of this Easement or its application to any person or circumstance is determined by a court of competent jurisdiction to be invalid, the remaining provisions of this Easement will not be affected thereby. 16. ENTIRE AGREEMENT. This instrument (including Exhibit A) sets forth the entire agreement of the parties with respect to this Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Easement whether verbal or written. 17. CONTROLLING LAW. The interpretation and performance of this Easement will be governed by the laws of the Commonwealth of Virginia, resolving any ambiguities or questions of the validity of specific provisions in a manner consistent with the provisions of Section V, Paragraph 6 above in order to give maximum effect to its conservation purposes. 18. RECORDING. This Easement will be recorded in the land records in the Offices of the Circuit Courts of Roanoke and Bedford Counties, and Grantee may take any steps necessary in said clerks offices to preserve its rights under this Easement in the future. 19. COUNTERPARTS. This Easement may be executed in one or more counterpart copies, each of which, when executed and delivered, will be an original, but all of which will 18 constitute one and the same Easement. Execution of this Easement at different times and in different places by the parties hereto will not affect the validity of this Easement. 20. DEFINITIONS. For purposes of this the date upon which this Easement was first put to record in the Circuit Court Clerks Offices of Roanoke and Bedford Counties. currently or existing on the Effective Date. Time shall be calculated in calendar days, not business days. WITNESS the following signatures and seals: \[Counterpart signature pages follow.\] 19 \[Counterpart signature page 1 of 3 of deed of open-space easement\] GRANTOR The County of Roanoke, Virginia BY: _____________________________________ (title) COMMONWEALTH OF VIRGINIA CITY/COUNTY of _________________, to-wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do certify that _______________________, ____________________ of the _______________, Virginia whose name is signed to the foregoing deed bearing date of ________________, has this day acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this ____ day of _____________.. My commission expires on ______________ Registration Number: ___________________ __________________________________ NOTARY PUBLIC (SEAL) Approved as to form: ______________________________ County Attorney 20 \[Counterpart signature page 2 of 3 of deed of open-space easement\] GRANTOR Virginia Recreational Facilities Authority BY: _____________________________________ (title) COMMONWEALTH OF VIRGINIA CITY/COUNTY of _________________, to-wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do certify that _______________________, ____________________ of the _______________, Virginia whose name is signed to the foregoing deed bearing date of ________________, has this day acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this ____ day of _____________.. My commission expires on ______________ Registration Number: ___________________ __________________________________ NOTARY PUBLIC (SEAL) 21 \[Counterpart signature page 3 of 3 of deed of open-space easement\] Accepted: VIRGINIA OUTDOORS FOUNDATION, By: _______________________________________ COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF _____________________________, TO WIT: The foregoing instrument was acknowledged before me this ________ day of ______________, 20___ by________________________, a Deputy Director/Staff Attorney of the Virginia Outdoors Foundation. ____________________________________ Notary Public My commission expires: ________________________ (SEAL) Registration No. ______________________________ 22 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2023 ORDINANCE AUTHORIZING THE APPROVAL OF A PERMANENT OPEN-SPACE EASEMENT TO THE VIRGINIA OUTDOORS FOUNDATION ON PROPERTY OWNED JOINTLY BY THE ROANOKE COUNTY BOARD OF SUPERVISORS AND THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY, IDENTIFIED AS ROANOKE COUNTY TAX PARCEL NUMBER 080.00-05-17.00-0000 AND BEDFORD COUNTY TAX PARCEL NUMBERS 172 A 42 AND 172 A 14A WHEREAS, Roanoke County has operated Explore Park since 2013 under a 99- year lease from the Virginia Recreational Facilities Authority (VRFA), a political subdivision of the Commonwealth of Virginia that owns over 1,100 acres along the Roanoke River in Bedford and Roanoke Counties; and WHEREAS, following an extensive public involvement process, Roanoke County developed the 2016 Explore Park Adventure Plan that proposed a new vision for Explore Park as an outdoor adventure recreation destination, and also proposes preserving much of Explore Park in its natural state to allow for passive recreation, open space, and forest conservation; and WHEREAS, there are three parcels totaling 42.94 acres that are located north of the Roanoke River within the boundaries of Explore Park, said parcels being located in Bedford and Roanoke Counties, identified as Roanoke County Tax Parcel Number 080.00-05-17.00-0000 and Bedford County Tax Parcel Numbers 172 A 42, and 172 A WHEREAS, the three subject parcels are owned jointly by the VRFA and the Roanoke County Board of Supervisors, each of which own one-half interest in the three subject parcels; and Page 1 of 3 -interest in the three subject parcels was funded through a Virginia Outdoors Foundation (VOF) Forest CORE Program grant accepted and appropriated by the Board of Supervisors on December 15, 2020 (Ordinance 121520-6); and WHEREAS, the grant agreement executed between Roanoke County and the VOF also requires that forestry and open space restrictions be imposed in perpetuity on the three subject parcels by enforceable restrictions set forth in a deed of open-space easement to be granted to the VOF by Roanoke County and the VRFA; and WHEREAS, the VOF has presented Roanoke County with a Deed of Open-Space Easement with certain restrictions to be imposed in perpetuity on the three subject parcels; 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 October 24, 2023 and the second reading was held on November 15, 2023; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a permanent Deed of Open-Space Easement to the Virginia Outdoors Foundation on property owned jointly by the Roanoke County Board of Supervisors and the Virginia Recreational Facilities Authority identified as Roanoke County Tax Parcel Number 080.00-05-17.00-0000 and Bedford County Tax Parcel Numbers 172 A 42 and 172 A 14A is hereby authorized and approved. Page 2 of 3 2. That the County Administrator, Deputy County Administrator, or the Assistant County Administrator, any of whom may act, are hereby authorized to execute the Deed of Open-Space Easement with any revisions as the County Administrator, Deputy County Administrator, or the Assistant County Administrator may deem necessary, which shall be on a form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. Page 3 of 3 ACTION NO. ITEM NO. F.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2023 AGENDA ITEM: Ordinance accepting the donation of approximately 0.0331 acres of real property located at 1900 Timberview Road (a portion of Roanoke County Tax Map Number 036.10-01- 10.00-0000), Catawba Magisterial district SUBMITTED BY: Lindsay B. Webb Parks Planning and Development Manager APPROVED BY: Richard L. Caywood County Administrator ISSUE: The owner of Tax Map Number 036.10-01-10.00-0000 located at 1900 Timberview Road, Mason Creek, LLC, wishes to donate a 0.0331 acre portion of the property to the Board of Supervisors of Roanoke County, Virginia to be held for public use. BACKGROUND: Mason Creek, LLC owns a parcel of real estate in Roanoke County, Virginia containing 0.858 acre, identified as Roanoke County Tax Map Number 036.10-01-10.00-0000, which was granted to Mason Creek, LLC by deed dated April 15, 2021 and recorded in #202106559. The property is adjacent to the intersection of Dutch Oven Road (State Route 863) and Timberview Road (State Route 1404). Additionally, the subject property is adjacent to a crosswalk serving the Hinchee Trail and the trailhead parking lot that serves the Hanging Rock Battlefield and Hinchee Trails located on Tax Map Number 036.10-01-09.00-0000. DISCUSSION: Mason Creek, LLC wishes to donate the property to the Board of Supervisors of Roanoke County, Virginia for public use. County staff desire to acquire the 0.0331 acre Page 1 of 2 of the above referenced property for public use and combine it with property owned by the Board of Supervisors of Roanoke County, Virginia identified as Roanoke County Tax Map Number 036.10-01-09.00-0000, for development of the Hinchee Trail. Roanoke County staff have prepared a deed of gift and plat of resubdivision showing the combination of a portion of Tax Map Number 036.10-01-10.00-0000 (0.0331 ac.) being added to Tax Map Number 036.10-01-09.00-0000. FISCAL IMPACT: There is no funding necessary to accept this donation of real property. Subject to available funding, the Grantee agrees to develop a public access trail with wooden fencing on the property that will span from the Hanging Rock Battlefield Trail parking lot to the crosswalk for the Hinchee Trail on New Lot 1A on or before April 1, 2024. Additionally, the Grantee agrees to place signage on the property directing the public to the area on the property that shall be held out for public access on or before April 1, 2024. Funding for construction of the trail and appurtenances will be covered by annual capital maintenance program funds. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling the second reading for December 12, 2023. Page 2 of 2 DBSWJOT!DPWF OBUVSBM!SFTFSWF IJODIFF!QBSL ) M b o SPBOPLF!DPVOUZ!QBSLT-!SFDSFBUJPO!'!UPVSJTN e ! V t f ! Q f s n j BCPVU!QBSLJOH; u ! S f r Qbsljoh!bddftt!gps!Ijodiff!Qbsl!jt!fyusfnfmz!mjnjufe/!Tqbdf!jt v j s f bwbjmbcmf!bu!uif!Ibohjoh!Spdl!usbjmifbe!bu!2:29!Evudi!Pwfo!Spbe-! e * CSVTIZ! boe!bdsptt!Spvuf!52:!up!uif!mfgu!pg!Psbohf!Nbslfu/!Uifsf!jt!op!qbsljoh! NPVOUBJO! 3211 po!Wjshjojb!Effs!Se/!Gps!wjtjupst!xjtijoh!up!bddftt!Dbswjot!Dpwf-!b!ebz! 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MBOE mbshftu!nvojdjqbm!qbsl!jo!uif!Fbtu-!xjui!pwfs 23-111!bdsft!boe!71!njmft!pg!usbjmt/ l f f s DPUUPOUPQ D ! o MBOEJOH p SFHJPOBM!WJFX t 2411 b N IJODIFF!USBJM 2511 Qsjwbuf!Qspqfsuz! 2411 Tubz!po!Usbjm Qsjwbuf!Qspqfsuz! Tubz!po!Usbjm / e S ! Ex f j W v w j s s u h f d ) j Q o c s i j j w b n b j ! ! u E f U P ! f 0 ! O f w 2515 p s f! ! Q S b e o s l / j o ! h S * e / 422 974 F m f d u s j d ! S e / 741 L 52: f t t m f s ! N IBOHJOH!SPDL j m m ! S CBUUMFGJFME!USBJM e / 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: $244.66 (based upon the Roanoke County tax assessment value applied to the portion of property to be conveyed herein) Title Insurance: None Roanoke County Tax Map Nos: 036.10-01-10.00-0000 and 036.10-01-09.00-0000 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 MASON CREEK, LLC, a Virginia Limited Liability Company, . e Grantor, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, l t i t f o n a political subdivision of the 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, Mason Creek, LLC owns a parcel of real estate in Roanoke County, a f o t i f e Virginia containing 0.858 acre, identified as Roanoke County Tax Map Number 036.10-01- n e b e h 10.00-0000, and which was granted to Mason Creek, LLC by deed dated April 15, 2021 and t t u o h t i w d e r a Instrument #202106559; and p e r p n WHEREAS, Mason Creek, LLC wishes to donate 0.0331 acre of the above referenced e e b s a h property to the Board of Supervisors of Roanoke County, Virginia for public use; and d e e d s WHEREAS, the Board of Supervisors of Roanoke County, Virginia desires to i h T acquire 0.0331 acre of the above referenced property for public use and combine it with 1 property owned by the Board of Supervisors of Roanoke County, Virginia identified as Roanoke County Tax Map Number 036.10-01-09.00-0000; and NOW, THEREFORE, the Grantor does hereby GIFT, GRANT, and CONVEY with General Warranty and Modern English Covenants of Title unto Grantee, all of the following 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 0.0331 acres, more or less, as shown and 31 ACRES TO BE CONVEYED TO ROANOKE on the plat titled ROANOKE COUNTY, VIRGINIA SHOWING THE COMBINATION OF A PORTION OF TAX PARCEL 036.10-01-10.00-0000 (0.0331 AC.) BEING ADDED TO TAX PARCEL 036.10-01-09.00-0000 CREATING 21 8249 AC.) SITUATE AT DUTCH OVEN ROAD & TIMBERVIEW ROAD CATAWBA MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA PREPARED BY THE OFFICE OF DEVELOPMENT SERVICES OF ROANOKE COUNTYOctober 4, 2023 and recorded along with this Deed of Gift as Exhibit 1. BEING a portion of the same property conveyed to Mason Creek, LLC, a Virginia Limited Liability Company, by deed dated April 15, 2021 and 10, 2021 as Instrument #202106559. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever. The 0.0331 acres herein conveyed to the Board of Supervisors of Roanoke County, Virginia is to be combined with and added to property owned by the Board of Supervisors identified as Roanoke County Tax Map Number 036.10-01-09.00-0000. Subject to available funding, Grantee agrees to develop a public access trail with wooden fencing on the property conveyed herein that spans from the Hanging Rock 2 Battlefield Trail parking lot to the crosswalk for the Hinchee Trail on New Lot 1A on or before April 1, 2024. Grantee agrees to place signage on the property conveyed herein directing the public to the area on the property conveyed herein that shall be held out for public access on or before April 1, 2024. This deed is made subject to all easements, reservations, restrictions, and conditions of record affecting the hereinabove-described property. Furthermore, this conveyance is made subject to the following restriction: a. No spraying of chemicals for insect or vegetation control will be allowed. 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: 3 \[Signatures and Notary Acknowledgement on Following Page\] 4 MASON CREEK, LLC (SEAL) By: _________________________________ COMMONWEALTH OF VIRGINIA CITY / COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________, 2023, by ____________________________ on behalf of MASON CREEK, LLC. Notary Public Commission Expires: Registration Number: \[Signatures and Notary Acknowledgement on Following Page\] 5 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 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, WEDNESDAY, NOVEMBER 15, 2023 ORDINANCE ACCEPTING THE DONATION OF APPROXIMATELY 0.0331 ACRES OF REAL PROPERTY LOCATED AT 1900 TIMBERVIEW ROAD (A PORTION OF ROANOKE COUNTY TAX MAP NUMBER 036.10-01-10.00-0000), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Mason Creek, LLC owns a parcel of real estate in Roanoke County, Virginia containing 0.858 acre, identified as Roanoke County Tax Map Number 036.10- 01-10.00-0000, and which was granted to Mason Creek, LLC by deed dated April 15, 2021 as Instrument #202106559; and WHEREAS, Mason Creek, LLC wishes to donate 0.0331 acre of the above referenced property to the Board of Supervisors to be held for public use; and WHEREAS, the property to be donated is adjacent to a crosswalk currently serving Roanoke Countys Hinchee Trail and also the trailhead parking lot that serves Roanoke Countys Hanging Rock Battlefield Trail and Hinchee Trail; and WHEREAS, the Board of Supervisors has determined that that it is in the public interest to accept the donation and desires to acquire 0.0331 acre of the above referenced property for public use and combine it with property owned by the Board of Supervisors identified as Roanoke County Tax Map Number 036.10-01-09.00-0000; and WHEREAS, § 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on November 15, 2023, and the second reading was held on December 12, 2023; Page 1 of 2 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, as follows: 1. The acquisition by donation of approximately 0.0331 acres located at 1900 Timberview Road and further identified as 0.0331 ACRES TO BE CONVEYED TO ROANOKE COUNTY AND INCORPORATED INTO NEW LOT 1A on the attached plat titled PLAT OF RESUBDIVISION FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA SHOWING THE COMBINATION OF A PORTION OF TAX PARCEL 036.10-01-10.00- 0000 (0.0331 AC.) BEING ADDED TO TAX PARCEL 036.10-01-09.00-0000 CREATING HEREON NEW LOT 1A (0.5621 ACRES) AND NEW LOT 3A (0.8249 AC.) SITUATE AT DUTCH OVEN ROAD & TIMBERVIEW ROAD CATAWBA MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA prepared by Roanoke County Department of Development Services and dated October 4, 2023 (attached hereto as Exhibit A) 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. This ordinance is to be in full force and effect upon its passage. Page 2 of 2 ACTION NO. ITEM NO. F.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2023 AGENDA ITEM: Ordinance 1) accepting a staffing recognition grant in the amount of $102,500 from the Virginia 9-1-1 services board, and appropriating such funds to the grant account, and 2) authorizing the payment of monetary bonuses to the -9-1-1 employees SUBMITTED BY: Susan Slough Director of Emergency Communications APPROVED BY: Richard L. Caywood County Administrator ISSUES: 1) Accepting a staffing recognition grant in the amount of $102,500 from the Virginia 9- 1-1 Services Board, and appropriating such funds to the grant account, and 2) Authorizing the payment of bonuses to eligible County's eligible E-9-1-1 employees. BACKGROUND: Most, if not all, Virginia Public Safety Answering Points (PSAPs) are experiencing a staffing recruitment and retention crisis. The 9-1-1 Services Board wanted to demonstrate its support for the 9-1-1 community and help alleviate the staffing crisis by providing one-time funding to PSAPs to help them recognize and retain their telecommunicators. They want to assist Virginia PSAPs to improve retention of 9-1-1 staff by allocating funding on an equity basis to PSAPs to recognize all that "wear the headset." DISCUSSION: The funds will be used to recognize our Communications Officers and all they do. Full time Communications Officers will receive a one-time payment of $2,500 and part time Communications Officers will receive a one-time payment of $1,250. We are hopeful Page 1 of 2 this will assist our department with the retention and recognition of our 9-1-1 staff. FISCAL IMPACT: Awarded grant funds total up to $102,500. There is no local match associated with this grant. However once approved by the Board, these payments will be processed on the next available pay period and processed for those employees who are in these positions as of that date, but not at a cost of more than $102,500, which will be deposited in the grant fund. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling the second reading for December 12, 2023. 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, NOVEMBER 15, 2023 ORDINANCE 1) ACCEPTING A STAFFING RECOGNITION GRANT IN THE AMOUNT OF $102,500 FROM THE VIRGINIA 9-1-1 SERVICES BOARD, AND APPROPRIATING SUCH FUNDS TO THE GRANT ACCOUNT, AND 2) AUTHORIZING THE PAYMENT OF MONETARY BONUSES TO THE COUNTYS ELIGIBLE E-9-1-1 EMPLOYEES WHEREAS, the Virginia 9-1-1 Services Board (the Services Board) recognizes that most, if not all, Virginia Public Safety Answering Points (PSAPs) are experiencing a staffing recruitment and retention crisis; and WHEREAS, the Services Board is making grants available to Virginia PSAPs to help them commend valued telecommunicators, and to thereby assist with employee retention; and WHEREAS, the Services Board has offered a one-time grant to Roanoke County, in the amount of $102,500; and WHEREAS, it is proposed that the County use such funds to provide its eligible full-time telecommunicators with a one-time bonus payment of $2,500, and its eligible part-time telecommunicators with a one-time bonus payment of $1,250; and WHEREAS, Section 15.2-1508 of the Code of Virginia authorizes the governing body of any locality to provide for the payment of monetary bonuses to its employees, which authorization shall be by ordinance; and WHEREAS, the first reading of this ordinance was held on November 15, 2023, and the second reading of this ordinance was held on December 12, 2023. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: Page 1 of 2 1. The Staffing Recognition Grant, from the Virginia 9-1-1 Services Board, in the amount of $102,500 is hereby accepted and appropriated the Countys Grant Fund. 2. The Board authorizes the payment of one-time bonuses to all eligible full- time telecommunicator employees in amount of $2,500, and to all eligible part-time telecommunicator employees in the amount of $1,250. 3. This resolution shall take effect immediately upon its adoption. Page 2 of 2 /ƚǒƓƷǤƚŅwƚğƓƚƉĻ ƓğƦƦƩƚƦƩźğƷĻķ.ğƌğƓĭĻͲ.ƚğƩķ/ƚƓƷźƓŭĻƓĭǤͲğƓķ/ğƦźƷğƌwĻƭĻƩǝĻƭ Cźƭĭğƌ—ĻğƩЋЉЋЌЋЉЋЍ DĻƓĻƩğƌDƚǝĻƩƓƒĻƓƷ/ğƦźƷğƌ ƓğƦƦƩƚƦƩźğƷĻķіƚŅ.ƚğƩķ9ǣƦĻƓķźƷǒƩĻ .ğƌğƓĭĻwĻǝĻƓǒĻƭ/ƚƓƷźƓŭĻƓĭǤ/ƚƓƷźƓŭĻƓĭǤwĻƭĻƩǝĻƭ ЋЉЋЌЋЏͲЋЊАͲЏБАυυυυЊЊͲБЊЉͲЏЏЌ closeoutofcompletedprojects351,520 (Ordinance0523232)2,974,11350,000608,162 (Ordinance0523233)(5,925,138) (Ordinance0523233)(306,503) fundingapprovedonApril11,2023(2,000,000) ЋЉЋЌЋВͲЊВЊͲБЉЉυЊЋ͵ЉіЎЉͲЉЉЉυυЏЉБͲЊЏЋυЌͲВЌЉͲЎЍЋ COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Unaudited OutstandingOutstanding June 30, 2023AdditionsDeletionsNovember 15, 2023 VPSA School Bonds$ 77,829,551$ -$ 8,048,369$ 69,781,182 Lease Revenue Bonds 82,760,000 - 4,365,000 78,395,000 Subtotal 160,589,551 - 12,413,369 148,176,182 Premiums 12,147,305 - - 12,147,305 $ 172,736,856$ -$ 12,413,369$ 160,323,487 Submitted ByLaurie L. Gearheart Director of Finance and Management Services Approved ByRichard L. Caywood County Administrator COUNTY OF ROANOKE Comparative Statement of Budgeted and Actual Revenues General Fund - C100 For the Four Months Ending Tuesday, October 31, 2023 Prior YearCurrent Year RevenuesRevenues BudgetRevenues% of BudgetBudgetRevenues% of Budget Real Estate Taxes$110,497,500$6,986,7886.32%$119,492,000$7,052,4935.90% Personal Property Taxes39,000,0001,366,0033.50%44,500,0001,739,0403.91% Public Service Corp Base4,040,92880.00%4,220,000501,63311.89% Penalties & Interest on Property Taxes529,072265,72850.23%1,130,000269,35823.84% Payment In Lieu Of Taxes180,0002970.16%210,00000.00% Total General Property Taxes154,247,5008,618,8255.59%169,552,0009,562,5245.64% Communication Taxes2,650,000682,82525.77%2,550,000636,47324.96% Local Sales Tax14,267,6413,665,04325.69%15,800,0003,859,91724.43% Consumer Utility Tax3,750,000894,19623.85%3,750,000844,57922.52% Business License Tax7,225,000262,9033.64%7,800,000269,0483.45% Franchise Tax700,000(42,136)-6.02%690,00000.00% Motor Vehicle License Fees2,400,000209,6508.74%2,450,000217,7598.89% Taxes On Recordation & Wills1,800,000245,20513.62%1,650,000333,59920.22% Utility License Tax600,00079,26113.21%575,00075,12313.06% Hotel & Motel Room Taxes1,349,568449,67133.32%1,650,000448,27627.17% Taxes - Prepared Foods4,800,0001,426,61129.72%6,100,0001,506,52524.70% Other Taxes675,000384,25956.93%1,345,000338,92325.20% Total Other Local Taxes40,217,2098,257,48920.53%44,360,0008,530,22219.23% Animal Control Fees42,50011,09026.09%42,5008,62220.29% Land and Building Fees15,8504,05625.59%15,8503,64322.99% Permits924,107189,12320.47%924,107180,31119.51% Prior YearCurrent Year RevenuesRevenues BudgetRevenues% of BudgetBudgetRevenues% of Budget Fees64,60031,21248.32%64,6006,0339.34% Clerk of Court Fees127,00040,47531.87%127,00036,45328.70% Photocopy Charges21000.00%21000.00% Total Permits, Fees and Licenses1,174,267275,95723.50%1,174,267235,06220.02% Fines and Forfeitures400,000131,48932.87%558,500113,13220.26% Total Fines and Forfeitures400,000131,48932.87%558,500113,13220.26% Revenues from Use of Money90,89791,069100.19%500,000433,34486.67% Revenues From Use of Property178,20061,73534.64%185,01452,06428.14% Total Use of Money and Property269,097152,80456.78%685,014485,40970.86% Charges for Services3,790,100603,82615.93%3,750,4001,220,65232.55% Charges for Public Services70,0006050.86%70,0004420.63% Education Aid-State000.00%000.00% Total Charges for Services3,860,100604,43115.66%3,820,4001,221,09431.96% Reimb-Shared Programs Salem996,464118,90411.93%1,124,084128,91211.47% Miscellaneous Revenue288,536153,73653.28%298,536114,91138.49% Recovered Costs800,129346,20743.27%950,000368,66338.81% Total Miscellaneous2,085,129618,84629.68%2,372,620612,48625.81% Non-Categorical Aid402,000376,19893.58%418,000443,356106.07% Shared Expenses5,752,4531,390,39824.17%6,199,8471,467,64223.67% Prior YearCurrent Year RevenuesRevenues BudgetRevenues% of BudgetBudgetRevenues% of Budget Welfare & Social Services-Categorical3,882,4011,163,92729.98%4,786,9431,270,67826.54% Other State Categorical Aid2,468,805652,78526.44%2,468,805693,85528.10% Welfare & Social Services6,250,0001,729,61627.67%6,550,0001,918,69029.29% Education Aid-Federal000.00%000.00% Other Categorical Aid000.00%000.00% Total State and Federal Revenue18,755,6595,312,92328.33%20,423,5955,794,22128.37% Other Financing Sources2,136,63000.00%3,900,87800.00% Total Other Financing Sources2,136,63000.00%3,900,87800.00% Transfers000.00%000.00% Total Transfers000.00%000.00% Grand Totals223,145,59123,972,76310.74%246,847,27426,554,15010.76% COUNTY OF ROANOKE Comparative Statement of Budgeted and Actual Expenditures and Encumbrances General Fund - C100 For the Four Months Ending Tuesday, October 31, 2023 Prior YearCurrent Year ExpendituresExp & EncumExpendituresExp & En Budget& Encumbrances% of BudgetBudget& Encumbrances% of Bud Legislative397,452111,01227.93%496,434120,24224.22% General & Financial Administration8,765,9662,909,66133.19%9,686,1003,182,95332.86% Electoral Board & Officials818,050152,84118.68%878,412220,55525.11% General Government Administration9,981,4683,173,51431.79%11,060,9463,523,7503 Courts1,712,191525,34330.68%1,824,442545,39529.89% Other Judicial Support1,457,425509,88934.99%1,567,615543,72534.68% Judicial3,169,6161,035,23232.66%3,392,0571,089,1203 Law Enforcement & Traffic Cont16,755,9115,964,75835.60%19,147,5466,993,41836.52% Fire and Rescue20,084,5556,733,68333.53%23,049,5238,057,89634.96% Correction & Detention10,803,7573,207,11429.69%12,260,6473,798,08730.98% Animal Control1,123,804350,70931.21%1,365,488441,17232.31% Public Safety48,768,02716,256,26433.33%55,823,20419,290,5743 General Services Administration922,357319,42434.63%1,104,225346,26131.36% Refuse Disposal5,631,3371,906,29633.85%5,830,4671,939,12133.26% Maint Buildings & Grounds5,383,2491,835,87034.10%5,286,7862,206,82241.74% Engineering2,310,688762,30532.99%2,582,251978,50537.89% Inspections1,116,090355,19131.82%1,193,331369,08730.93% Garage Complex000.00%00 Prior YearCurrent Year ExpendituresExp & EncumExpendituresExp & En Budget& Encumbrances% of BudgetBudget& Encumbrances% of Bud Public Works15,363,7215,179,08733.71%15,997,0605,839,7963 Mental Health000.00%00 Public Health579,181275,80147.62%579,181289,59150.00% Social Services Administration8,508,6472,663,63931.31%9,642,0173,064,52931.78% Comprehensive Services Act000.00%00 Public Assistance4,918,6661,441,84829.31%4,918,6661,436,97329.21% Social Services Organizations000.00%00 Health and Welfare14,006,4944,381,28731.28%15,139,8644,791,0923 Parks & Recreation2,533,691837,17133.04%3,166,375970,67430.66% Library4,559,3191,467,53732.19%4,865,9131,580,74832.49% Cultural Enrichment000.00%00 Parks, Recreation & Cultural7,093,0102,304,70932.49%8,032,2882,551,4223 Planning & Zoning1,539,145474,00630.80%1,874,396651,63134.76% Cooperative Extension Program87,0974540.52%115,391102 Economic Development561,720137,58424.49%590,862385,08965.17% Public Transportation766,930166,46921.71%510,00067,70913.28% Contribution to Human Service Organizatio000.00%00 Planning2,954,892778,51326.35%3,090,6491,104,5323 Employee Benefits2,724,380352,25912.93%3,758,302682,89118.17% Dixie Caverns Landfill Cleanup67,00010,58615.80%62,70028,27345.09% Prior YearCurrent Year ExpendituresExp & EncumExpendituresExp & En Budget& Encumbrances% of BudgetBudget& Encumbrances% of Bud Miscellaneous9,994,9343,922,40739.24%10,196,9433,934,08838.58% Tax Relief/Elderly & Handicapp1,110,000734,40866.16%1,110,000947,31985.34% Refuse Credit Vinton225,00055,00024.44%225,0000 Board Contingency2,186,63000.00%3,632,2750 Unappropriated Balance000.00%00 Non-Departmental16,307,9445,074,66031.12%18,985,2205,592,5712 Interfund Transfers Out99,702,12642,202,07142.33%109,250,80946,799,63642.84% Intrafund Transfers Out5,798,2933,572,05761.61%6,075,1773,572,97658.81% Transfers Out105,500,41945,774,12843.39%115,325,98650,372,6114 Grand Totals223,145,59183,957,39537.62%246,847,27494,155,4683 ACTION NO. _______________ ITEM NO. __________________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November15, 2023 AGENDA ITEM: Accounts Paid – October 2023 SUBMITTED BY: Laurie L. Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct DepositChecksTotal Payments to Vendors$ -$ -$ 11,106,732.88 Payroll10/13/232,137,638.5616,392.06 2,154,030.62 Payroll10/27/231,968,119.6519,952.69 1,988,072.34 Manual Checks - - - Grand Total$ 15,248,835.84 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. ACTION NO. ITEM NO. J.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2023 AGENDA ITEM: Work session to discuss Roanoke County's Legislative Program and preparation for the 2023 session of the Virginia General Assembly SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: This time has been set aside to discuss the Board's legislative priorities for the 2024 session of the General Assembly. 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, NOVEMBER 15, 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.