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
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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.
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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
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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
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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
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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,
.
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Grantor, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA,
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a political subdivision of the Commonwealth of Virginia, Grantee.
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Virginia containing 0.858 acre, identified as Roanoke County Tax Map Number 036.10-01-
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Instrument #202106559; and
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property to the Board of Supervisors of Roanoke County, Virginia for public use; and
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WHEREAS, the Board of Supervisors of Roanoke County, Virginia desires to
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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 $1,250.
3. This resolution shall take effect immediately upon its adoption.
Page 2 of 2
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closeoutofcompletedprojects351,520
(Ordinance0523232)2,974,11350,000608,162
(Ordinance0523233)(5,925,138)
(Ordinance0523233)(306,503)
fundingapprovedonApril11,2023(2,000,000)
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COUNTY OF ROANOKE, VIRGINIA
CHANGES IN OUTSTANDING DEBT
Changes in outstanding debt for the fiscal year to date were as follows:
Unaudited
OutstandingOutstanding
June 30, 2023AdditionsDeletionsNovember 15, 2023
VPSA School Bonds$ 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.