HomeMy WebLinkAbout11/6/2019 - RegularPage 1 of 4
INVOCATION: Pastor Andrew McPheron, Guest Services Director
Fellowship Community Church
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
“Any invocation that may be offered before the official start of the Board meeting
shall be the voluntary offering of a private citizen, to and for the benefit of the
Board. The views or beliefs expressed by the invocation speaker have not been
previously reviewed or approved by the Board and do not necessarily represent
the religious beliefs or views of the Board in part or as a whole. No member of
the community is required to attend or participate in the invocation and such
decision will have no impact on their right to actively participate in the business of
the Board.”
Roanoke County
Board of Supervisors
November 6, 2019
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Good afternoon and welcome to our meeting for November 6, 2019. 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 Friday at 7:00 p.m. and on Sunday at 4:00 p.m. Board of Supervisors
meetings can also be viewed online thro ugh Roanoke County’s website at
www.RoanokeCountyVA.gov. Our meetings are closed-captioned, so it is important for
everyone to speak directly into the microphones at the podium. Individuals who require
assistance or special arrangements to participate in or attend Board of Supervisors
meetings should contact the Clerk to the Board at (540) 772 -2005 at least 48 hours in
advance. Please turn all cell phones off or place on silent.
A. OPENING CEREMONIES
1. Roll Call
B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Jeff Shaver, Deputy Sheriff Captain -Corrections, upon his retirement
after more than three (3) years of service (Eric Orange, Sheriff)
D. BRIEFINGS
E. NEW BUSINESS
1. Resolution authorizing the County of Roanoke to enter into a Memorandum of
Understanding with the Town of Vinton, for the County to support the Vinyard
Station Redevelopment Project (Jill Loope, Director of Economic Development)
Roanoke County
Board of Supervisors
Agenda
November 6, 2019
Page 3 of 4
F. FIRST READING OF ORDINANCES
1. Ordinance authorizing the granting of a new variable width dam and stormwater
maintenance easement to the Board of Supe rvisors of Roanoke County, on
property owned by the Roanoke County Public School Board, located at 500
Titan Trail, in the Windsor Hills Magisterial District, and authorizing a
Memorandum of Understanding for the Hidden Valley Regional Stormwater
Maintenance Facility, between the Roanoke County Public School Board and the
Roanoke County Board of Supervisors (David Henderson, County Engineer)
2. Ordinance approving a greenway easement to Roanoke County on property
owned by Mattie Oliver Bower (Tax Map No. 36.00-01-03-0000) for the purpose
of the Hinchee Trail (Doug Blount, Director of Parks, Recreation and Tourism)
3. Ordinance approving a greenway easement to Roanoke County on property
owned by David L. Kinsey and Frank C. Kinsey (Tax Map No. 025.00 -01-08.00-
0000) for purpose of the Hinchee Trail (Doug Blount, Director of Parks,
Recreation and Tourism)
4. Ordinance approving a greenway easement to Roanoke County on property
owned by Ms. Garnette A. Stewart (Tax Map No. 036.00 -01-02.00-0000) for the
purpose of the Hinchee Trail (Doug Blount, Director of Parks, Recreation and
Tourism)
5. Ordinance approving a greenway easement to Roanoke County on property
owned by Tu Anh and Rebecca R. Tran (Tax Map No. 036.00 -01-04.01-0000
and 036.00-01-04.00-0000) for the purpose of the Hinchee Trail (Doug Blount,
Director of Parks, Recreation and Tourism)
G. APPOINTMENTS
1. Board of Zoning Appeals (appointed by District)
2. Budget and Fiscal Affairs (BFAC) (appointed by District and At -Large)
3. Economic Development Authority (EDA) (appointed by District)
4. Library Board (appointed by District)
5. Parks, Recreation and Tourism (appointed by District)
H. CITIZENS' COMMENTS AND COMMUNICATIONS
I. REPORTS
1. Unappropriated, Board Contingency and Capital Reserves
2. Outstanding Debt
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J. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. P. Jason Peters
2. George G. Assaid
3. Martha B. Hooker
4. David F. Radford
5. Phil C. North
K. WORK SESSIONS
1. Work session to review with the Board of Supervisors the Roanoke County
Comprehensive Financial Policy (Laurie Gearheart, Director of Finance and
Management Services)
2. Work session to review the County of Roanoke Compensation and Classification
Study (Rebecca Owens, Assistant County Administrator; Anita Hassell, Director
of Human Resources)
L. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2-3711.A.1, Consultation with legal counsel and briefings by staff
members or consultants pertaining to actual or probable litigation, where such
consultation or briefing in open meeting would adver sely affect the negotiating or
litigating posture of the public body, namely opioid litigation
M. CERTIFICATION RESOLUTION
N. ADJOURNMENT
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ACTION NO.
ITEM NO. C.1
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 6, 2019
AGENDA ITEM: Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Jeff Shaver, Deputy
Sheriff Captain-Corrections, upon his retirement after more
than three (3) years of service
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY: Daniel R. O’Donnell
County Administrator
ISSUE:
Recognition of the Retirement of Jeff Shaver
BACKGROUND:
Jeff Shaver, Deputy Sheriff Captain-Corrections, retired on November 1, 2019, after
three (3) years and ten (10) months of service with the Sheriff 's Department.
Captain Shaver is expected to attend today's meeting to receive his quilt and resolution.
DISCUSSION:
There is no discussion associated with this agenda item.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
STAFF RECOMMENDATION:
Staff recommends approval of the attached resolution.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 6, 2019
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO JEFF SHAVER, DEPUTY
SHERIFF CAPTAIN – CORRECTIONS, UPON HIS RETIREMENT AFTER
MORE THAN THREE (3) YEARS OF SERVICE
WHEREAS, Jeff Shaver was employed by Roanoke County on January 1, 2016;
and
WHEREAS, Mr. Shaver retired on November 1, 2019, after three (3) years and ten
(10) months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Mr. Shaver through his employment with Roanoke County, has been
instrumental in improving the quality of life and providing services to the citizens of
Roanoke County; and
WHEREAS, throughout Mr. Shaver’s tenure with Roanoke County, he served in
many vital roles and has been instrumental in developing the Sheriff’s Office staff for the
future.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to JEFF SHAVER for more than three (3) years of capable, loyal, and dedicated
service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
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ACTION NO.
ITEM NO. E.1
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 6, 2019
AGENDA ITEM: Resolution authorizing the County of Roanoke to enter into a
Memorandum of Understanding with the Town of Vinton, for
the County to support the Vinyard Station Redevelopment
Project
SUBMITTED BY: Jill Loope
Director of Economic Development
APPROVED BY: Daniel R. O’Donnell
County Administrator
ISSUE:
The Town of Vinton has requested financial assistance for the Vinyard Station
redevelopment project.
BACKGROUND:
Vinton Motors, located at the corner of Pollard Street and Washington Avenue within the
Town of Vinton closed in 2009, leaving the property vacant for ten (10) years. In 2017,
the Town issued a Request for Proposal (RFP) to attract a developer that would
redevelop the property for retail, commercial or office uses. That same year, the Town
received and accepted a development propos al from the Wilkinson Group to purchase
and redevelop the property into a multi-tenant facility known as Vinyard Station.
The Vinyard Station development consisting of 1.4 acres, is highly visible at the center
of the Town's commercial business district, and is within close proximity to the Vinton
Library and the newly redeveloped Billy Byrd apartments. The project involves nine (9)
parcels that will be improved with the redevelopment at an estimated investment of $3
million. The redeveloped Vinton Motors property is expected to generate three (3) new
commercial users for the building within the first year of opening. An anchor tenant has
been secured, leaving two remaining spaces available for lease.
To make the project viable, financial assistance i s required to offset extensive
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redevelopment costs and improve public infrastructure. The Town has committed to
provide a Local Economic Development Incentive in the amount of $750,000 to the
Wilkinson Group (Vinyard Station, LLC.) for public infrastructu re improvements to the
parking areas, and creating enhanced open space pedestrian amenities and access.
The incentive will be provided in the form of a Public Private Partnership and
Performance Agreement with the Town, the developer and the Economic Deve lopment
Authority. These improvements will generate additional tax revenue, support the
creation of new employment opportunities and provide much needed additional parking
for all of the downtown business district. The Town has requested the County
participate in this grant by reimbursing $200,000 of the net new tax revenues generated
by the project.
The Memorandum Of Understanding allows for the County to provide an economic
development grant in an amount equal to five (5) years of new local tax revenue
generated by the project to be reimbursed to the Town of Vinton. The total amount of
the grant shall not exceed $200,000 over a five (5) year period. If the development
generates less than the estimated new local tax revenue, then the actual grant for tha t
year shall be less. The five (5) year period will commence on January 1, 2021.
FISCAL IMPACT:
Roanoke County's participation in the Vineyard Station project will assist the Town of
Vinton with the redevelopment through an annual reimbursement of net new taxes
generated in an amount not to exceed $40,000 per year, and $200,000 over a five (5)
year period. The grant will be calculated as a reimbursement based on new tax
revenues generated by the project therefore; the fiscal impact will be in the form of
foregone revenue.
STAFF RECOMMENDATION:
Staff recommends approval of the agreement between Roanoke County and the Town
of Vinton
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE AND
THE TOWN COUNCIL OF THE TOWN OF VINTON
TO SUPPORT THE VINYARD STATION REDEVELOPMENT PROJECT
This MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into between the Board of
Supervisors of the County of Roanoke, Virginia (the “County”) and the Town Council of the
Town of Vinton (the “Town”), to provide support the Vinyard Station redevelopment project.
BACKGROUND REGARDING THE VINYARD STATION REDEVELOPMENT PROJECT:
Vinton’s Comprehensive Plan and Downtown Master Plan have created a vision for downtown
Vinton. The County joins the Town in its desire to make economic development in the downtown
area of Vinton a priority. It is the intent and shared goal of both governm ents to work together
to facilitate such redevelopment and economic growth.
The Town has proposed to enter into a performance agreement with the Roanoke County
Economic Development Authority (the “EDA”) and Vinyard Station, LLC, to redevelop a group of
parcels of real estate (“Vinyard Station”) located at the intersection of Washington Avenue and
South Pollard Street in the Town of Vinton, comprised of the following:
Vineyard Station Parcels
Tax Map No. Address
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The Town has requested the County’s financial support of the Vinyard Station project, and the
County has agreed to provide such support, conditioned upon the entry of a performance
agreement by the Town, the EDA and Vinyard Station, LLC.
TERMS:
1. Upon the entry of a performance agreement in the amount of $750,000 (by the Town,
the EDA, and Vinyard Station, LLC), the County agrees to annually pay the Town up to
$40,000 from net new taxes (including real property taxes; personal property taxes; and
sales taxes) generated from Vinyard Station during the preceding year. Net new taxes
shall be any taxes received in excess of any taxes received from the Vinyard Station
properties for tax year 2018.
2. The County will make such payments for a 5-year period; total payments for all 5 years
will not exceed $200,000.
3. The first full year of Vinyard Station’s operations will be 2021. Accordingly, the County’s
first payment to Vinton will be made in January 2022, and payments will conclude in
January 2026.
4. The funds paid by the County will be used by the Town to assist with various aspects of
the Vinyard Station redevelopment project.
5. This MOU is subject to future appropriations by the Board of Supervisors of Roanoke
County.
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MODIFICATION:
This MOU may be modified in writing from time to time as deemed mutually desirable and
acceptable to the parties.
EFFECTIVE DATE AND TERMINATION:
This MOU shall become effective as of the date when both parties have signed it, and shall
remain in effect until the final annual payment is made in January 2026.
This MOU is executed by the duly authorized County Administrator on behalf of the Board of
Supervisors of Roanoke County, pursuant to Resolution # ____________ adopted by the Board
on the _______ day of _________ 2019.
This MOU is executed by the duly authorized Town Manager on behalf of the Town Council of
the Town of Vinton, pursuant to Resolution # __________ adopted by said Council on the
_______ day of ________ 2019.
BOARD OF SUPERVISORS OF ROANOKE COUNTY
_____________ By: _______________________________________
Date Daniel R. O’Donnell, County Administrator
Approved as to form:
_______________________
Roanoke County Attorney
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TOWN COUNCIL OF THE TOWN OF VINTON
_____________ By: ______________________________________
Date Barry Thompson, Town Manager
Page 1 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON WEDNESDAY, NOVEMBER 6, 2019
RESOLUTION AUTHORIZING THE COUNTY OF ROANOKE TO
ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE
TOWN OF VINTON, FOR THE COUNTY TO SUPPORT THE VINYARD
STATION REDEVELOPMENT PROJECT
WHEREAS, the Town of Vinton’s Comprehensive Plan and Downtown Master
Plan have created a vision for downtown Vinton; and
WHEREAS, the County joins the Town in its desire to make economic
development in the downtown area of Vinton a priority; and
WHEREAS, the Town has proposed to enter into a performance agreement
with the Roanoke County Economic Development Authority and Vinyard Station, LLC,
to redevelop a group of parcels of real estate, to be known as “Vinyard Station,” located
at the intersection of Washington Avenue and South Pollard St reet in the Town of
Vinton, comprised of the following:
Vineyard Station Parcels
Tax Map No. Address
060.16-02-05.00 108 S. Pollard Street
060.16-02-04.00 0 S. Pollard Street
060.16-02-15.00 0 E. Lee Avenue
060.16-02-06.00 0 Washington Avenue
060.16-02-07.00 0 Washington Avenue
060.16-02-08.00 0 S. Maple Street
060.16-02-09.00 113 S. Maple Street
060.16-02-10.00 0 S. Maple Street
060.16-02.11.00 0 S. Maple Street
and;
WHEREAS, the Town has requested the County’s financial support of the
Vinyard Station project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
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1. That upon entry of a performance agreement in the amount of $750,000 by
the Town, the Roanoke County Economic Development Authority, and
Vinyard Station LLC, the County Administrator is hereby authorized to enter
a Memorandum of Understanding, on behalf of the County, with the Town
of Vinton, upon a form approved by the office of the County Attorney, for the
County to provide financial assistance to support the Vinyard Station
redevelopment project.
2. Such financial assistance shall be limited to five annual payments not to
exceed $40,000 (in total not exceeding $200,000), from net new taxes
generated from the Vinyard Station parcels during the preceding tax year.
Net new taxes shall be any taxes received in excess of any taxes received
from the Vinyard Station properties for tax year 2018.
3. The first full year of Vinyard Station’s operations is expected to be 2021.
Accordingly, the County’s first payment to Vinton will be made in January
2022, and payments will conclude in January 2026.
Page 1 of 2
ACTION NO.
ITEM NO. F.1
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 6, 2019
AGENDA ITEM: Ordinance authorizing the granting of a new variable width
dam and stormwater maintenance easement to the Board of
Supervisors of Roanoke County, on property owned by the
Roanoke County Public School Board, located at 500 Titan
Trail, in the Windsor Hills Magisterial District, and authorizing
a Memorandum of Understanding for the Hidden Valley
Regional Stormwater Maintenance Facility, between the
Roanoke County Public School Board and the Roanoke
County Board of Supervisors
SUBMITTED BY: Tarek Moneir
Acting Director of Development Services
APPROVED BY: Daniel R. O’Donnell
County Administrator
ISSUE:
This is an ordinance accepting an easement from the Roanoke County School Board,
and authorizing approval of a Memorandum of Understanding with the Roanoke County
School Board, for the Regional Stormwater Management Facility located at 500 Titan
Trail (Hidden Valley High School)
BACKGROUND:
During construction of the Hidden Valley High School, Roanoke County (County)
partnered with the Roanoke County Public Schools (Public Schools) to construc t a
regional stormwater management facility (Regional Facility) at the site of the school.
This facility serves to lessen downstream flooding and collects sediment, which
improves downstream water quality. Since this facility serves the citizens of the C ounty
and it is not related to school activities, the County has always maintained and operated
it based on a verbal agreement between the County and Public Schools.
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DISCUSSION:
This facility is regulated by the Virginia Department of Conservation and R ecreation,
Division of Dam Safety and Floodplains. Recently, the County renewed its State
certificate to operate the dam at this facility. During this recertification process, the
State questioned the County’s right to permit the dam, since it is on Publ ic School
property.
Therefore, in order to address the State’s concerns, and also to formalize the
agreement between the County and Public Schools, as they relate to the regional
stormwater management facility, staff has worked with Public Schools to obta in an
easement, and a Memorandum of Understanding. These documents give the County
the right to access the Regional Facility and describes the parties’ responsibilities.
The County has always taken responsibility for this facility since its construction. The
easement and Memorandum of Understanding formalize the current verbal
understanding that has been in place since the facility’s construction in 2002.
FISCAL IMPACT:
There is no new fiscal impact to the County. The County is currently maintaining t he
facility. Acceptance of the easement and approval of the memorandum of
understanding will not result in any additional costs to the County.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of the ordinance and setting the second
reading for November 19, 2019.
Page 1 of 4
Prepared by:
Peter S. Lubeck
Sr. Assistant County Attorney
VSB #71223
Office of the County Attorney
5204 Bernard Drive
Roanoke, VA 24018
Exemption claimed: Grantor and Grantee are exempted from recordation taxes
and fees pursuant to §58.1-811(A)(3), §58.1-811(C)(4),
Code of Virginia (1950).
Parcel Identification Nos.
76.20-06-16.00-0000
86.07-01-01.00-0000
86.08-04-33.00-0000
VARIABLE WIDTH DAM AND STORMWATER MAINTENANCE EASEMENT
THIS DEED OF EASEMENT is entered into this ________ day of ______________
2019, by and between THE ROANOKE COUNTY SCHOOL BOARD, Grantor, and the
BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, Grantee.
RECITALS
WHEREAS, in 2002, pursuant to the Roanoke Valley Regional Storm Water
Management Master Plan, and with the Grantor’s permission, the Grantee has constructed a
regional storm water management facility (referred to hereafter as the “Regional Facility”),
which is located on the property of Hidden Valley High School at 500 Titan Trail, Roanoke, VA
24018; and
WHEREAS, the Regional Facility includes a dam that is regulated by the VA Department
of Conservation and Recreation, Division of Dam Safety and Floodplain Management; and
WHEREAS, since its construction of the Regional Facility, the Grantee, with the
Grantor’s permission, has inspected and maintained the Regional Facility; and
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WHEREAS, the Grantee is presently willing to continue to inspect and assist the Grantor
in maintaining the Regional Facility, and the Grantor desires for Grantee to continue to do so;
and
WHEREAS, the parties have agreed that Grantor should convey an easement to Grantee
to enable Grantee to continue to perform such inspections and maintenance.
W I T N E S S E T H
NOW THEREFORE, for good and valuable consideration in the sum of Ten Dollars
($10.00), paid in hand at and with the execution and delivery of this Deed, and other good and
valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged,
Grantors do hereby GRANT and CONVEY unto the Grantee, its successors and assigns, a
variable width dam and stormwater pond maintenance easement as shown on the plat (containing
4 sheets) entitled “Exhibit Showing Dam & Stormwater Pond Maintenance Easement
(796,228.22 SF) Being Conveyed to Board of Supervisors of Roanoke County by Roanoke
County School Board, Roanoke County Tax Map Parcel # 76.20 -06-16.00-0000, 86.07-01-
01.00-0000 & #86.08-04-33.00-0000, Situated Along Titan Trail, S.W., Windsor Hills
Magisterial District, Roanoke County, Virginia,” prepared by the Roanoke County Department
of Community Development and dated May 14, 2019, such plat being attached hereto
collectively as “Exhibit A” and by reference incorporated herein.
The easement being for the maintenance of the Regional Facility, and to allow for
necessary access, grading and storage during any phase of construction, reconstruction, repair or
replacements of the improvements to dam and creek, the location of which is set forth on Exhibit
A. The Grantee agrees to restore and repair any actual damage to Grantors’ property that may be
directly caused by construction, reconstruction, or maintenance except as hereinafter provided.
Page 3 of 4
The Grantors agree that the Grantee will not be expected to restore the property to the identical
original condition, but rather as near thereto as is practicable, and that the Grantors will
cooperate with the Grantee in effectuating such restoration.
It is expressly agreed between the parties hereto that the Grantee and its agents have the
right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery,
undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that
in any way endanger or interfere with the proper use of the same. The Grantors covenant that no
building or structure shall be erected upon or within the easement herein granted or placed in
such location as to render said easement inaccessible. In the event that this covenant is violated,
the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such
improvements if damaged or removed.
The Grantors acknowledge that the plans and maintenance requirements as they affect
Grantors’ property have been fully explained to Grantors. The Grantors covenant and agree for
themselves, and for their successors and assigns that the consideration aforementioned and the
covenants herein shall be in lieu of any and all claims to compensation and damages by reason of
the location, construction, operation, maintenance, or reconstruction of or within the easement
area.
The grant and provision of this Deed of Easement shall constitute a covenant running
with the land for the benefit of the Grantee, its successors and assigns forever.
WITNESS the following signatures and seals:
Page 4 of 4
THE ROANOKE COUNTY SCHOOL BOARD
By____________________________________
Title___________________________________
State of Virginia
County/City of , to-wit:
The foregoing instrument was acknowledged before me this day of
_______________ 2019, by ______________________, on behalf of the Roanoke County School
Board. _______________________________________
Notary Public
My commission expires: _______________
BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By____________________________________
Daniel R. O’Donnell, County Administrator
State of Virginia
County of Roanoke, to-wit:
The foregoing instrument was acknowledged before me this ________ day of
______________ 2019, by Daniel R. O’Donnell, County Administrator, on behalf of the Board of
Supervisors of Roanoke County.
_______________________________________
Notary Public
My commission expires: _______________
Approved as to form:
_______________________________
County Attorney
Page 1 of 6
MEMORANDUM OF UNDERSTANDING
FOR MAINTENANCE OF THE REGIONAL STORMWATER MANAGEMENT FACILITY LOCATED AT
500 TITAN TRAIL
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered this
____________ day of ____________ 2019, by and between THE ROANOKE COUNTY SCHOOL
BOARD (hereinafter referred to as the “School Board”) and the BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA (hereinafter referred to as the “County”).
Purpose of the Memorandum
WHEREAS, in 2002, pursuant to the Roanoke Valley Regional Storm Water Management
Master Plan, and with the School Board’s permission, the County has constructed a regional storm
water management facility (referred to hereafter as the “Regional Facility”), which is located on
the property of Hidden Valley High School at 500 Titan Trail, Roanoke, VA 24018. The location
and boundaries of the Regional Facility are shown on the plat (containing 4 sheets) entitled
“Exhibit Showing Regional Stormwater Management Facility Maintenance Easement (796,228.22
SF) Being Conveyed to Board of Supervisors of Roanoke County by Roanoke County School
Board, Roanoke County Tax Map Parcel # 76.20-06-16.00-0000, 86.07-01-01.00-0000 & #86.08-
04-33.00-0000, Situated Along Titan Trail, S.W., Windsor Hills Magisterial District, Roanoke
County, Virginia,” prepared by the Roanoke County Department of Community Development and
dated July 2, 2019, this plat is attached hereto collectively as “Exhibit A” and by reference
incorporated herein; and
WHEREAS, the Regional Facility generally includes:
The dam that consists of the earthen embankment that spans across Mud Lick Creek,
which includes the 24 inch diameter ductile iron low flow pipe and the three 12-1/2 foot
diameter structural steel culverts (emergency spillway) that carries water through the
Page 2 of 6
embankment; and the stone rip rap plunge pool on the downstream side of the
embankment;
The area downstream of the dam that conveys floodwaters to the point where they
reenter the stream. This area is underlain with earth reinforcing fabric;
The impoundment area located upstream from the dam that contains ponded water
during high stream flow events;
The three 60-inch diameter corrugated metal pipes that connect the sediment forebay
to the impoundment area; and
The sediment forebay that is located at the upstream entrance to the impoundment area;
and
WHEREAS, the dam is regulated by the VA Department of Conservation and Recreation
(“DCR”), Division of Dam Safety and Floodplain Management, and DCR has issued an Operation
and Maintenance Certificate for the dam to the County; and
WHEREAS, since its construction of the Regional Facility, the County, with the School
Board’s permission, has inspected and maintained the Regional Facility; and
WHEREAS, the County is willing to continue to inspect and assist the School Board in
maintaining the Regional Facility, and the School Board desires for the County to continue to do
so; and
WHEREAS, the parties have agreed that School Board will convey an easement to the
County to enable the County to continue to perform such inspections and maintenance; and
WHEREAS, the purpose of this MOU is to set forth the responsibilities of the parties, the
sharing of maintenance costs, and to establish procedures for amendment and termination of this
MOU.
NOW THEREFORE, the School Board and the County agree as follows:
A. Responsibilities of the School Board
The School Board shall be responsible for:
Page 3 of 6
1. Maintaining Titan Trail, the 8-foot wide asphalt trail, other surface features, and
underground utilities that are located on the dam embankment;
2. Maintaining all storm drainage systems that drain into the facility from the school and the
bioretention facility that serves the school (that is located within the Regional Facility);
3. Any mowing that is performed for aesthetic, or other purposes that are unrelated to the
proper operation of the Regional Facility (the County will mow the Dam embankment at
least once a year, and may elect to mow other areas within the Regional Facility to
facilitate other maintenance; all other mowing will be the responsibility of the School
Board). The School Board acknowledges that earth reinforcement fabric has been
installed within the Regional Basin, downstream from the dam, for the purpose of
preventing soil erosion during high-flow events where water flows through the
emergency spillway, and that this fabric may be damaged by close mowing. The School
Board acknowledges that if the fabric is so damaged, that it will be solely responsible for
the costs of repair;
4. Repairing stream channel erosion and other stream flood damage; and
5. Addressing all aesthetic issues, including but not limited to graffiti removal.
B. Responsibilities of the County
The County shall be responsible for:
1. Holding and maintaining the dam Operation and Maintenance Certificate issued by DCR.
2. Complying with Virginia Dam Safety Regulations and operating the dam in accordance
with its Certificate.
Page 4 of 6
3. Performing routine maintenance of the Regional Facility to ensure proper functioning of
the dam in conformance with Dam Safety Regulations, including but not limited to
periodically removing sediment from the impoundment area, mowing of the
embankment located adjacent to Titan Trail for the sole purpose of keeping the
embankment clear of woody plants (as noted above), and repairing riprap and other
storm drainage facilities that convey water through the dam embankment.
C. Cost-Sharing
The parties acknowledge that if the Regional Facility had not been constructed by the
County, there still would have been a need to construct an embankment to carry Titan Trail across
Mud Lick Creek, and there would have further been a need to construct drainage structures to
carry the flow from Mud Lick Creek through the embankment. Therefore, it is agreed that in the
event that repair or replacement of the 24 inch diameter ductile iron pipe, the three 12-1/2 foot
diameter structural steel culverts, or the embankment is necessary (as determined by the County
Engineer), that the costs of such repair or replacement will be shared by both parties; each party
agrees to contribute fifty (50 %) percent of the total cost of such infrastructure repair or
replacement.
D. Amendments and Modifications
This MOU may be amended at any time by mutual consent of the parties, in writing.
E. Termination
This MOU may be terminated by either party upon giving 180 days’ written notice. In the
event that the MOU is terminated by the School Board, the School Board agrees to accept
Page 5 of 6
transfer of the responsibility of the Operation and Maintenance Certificate for the dam from the
County to the School Board.
F. Effective Date
This MOU shall become effective upon the endorsement of the parties as well as adoption
of applicable ordinances and recordation of the proposed deed of easement, in which the School
Board grants the County an easement to enter upon and maintain the Regional Facility.
FOR THE ROANOKE COUNTY SCHOOL BOARD:
By __________________________________
Printed name:________________________
Title: ________________________________
STATE OF VIRGINIA,
CITY/COUNTY OF ____________________, to-wit:
The foregoing instrument was acknowledged before me this __________ day of
______________________ 2019, by ______________________ on behalf of the Roanoke Count
School Board.
______________________________Notary Public
Registration Number: _____________________
My commission expires: ___________________
Page 6 of 6
Approved as to Form: BOARD OF SUPERVISORS OF
COUNTY OF ROANOKE, VIRGINIA
_______________________________ By __________________________________
Office of the County Attorney Daniel R. O’Donnell
County Administrator
STATE OF VIRGINIA,
CITY/COUNTY OF ____________________, to-wit:
The foregoing instrument was acknowledged before me this __________ day of
______________________ 20 , by Daniel R. O’Donnell, County Administrator on behalf of
the Board of Supervisors of the County of Roanoke, Virginia.
______________________________Notary Public
Registration Number: _____________________
My commission expires: ___________________
Page 1 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 6, 2019
ORDINANCE AUTHORIZING THE GRANTING OF A NEW VARIABLE
WIDTH DAM AND STORMWATER MAINTENANCE EASEMENT TO THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY, ON PROPERTY
OWNED BY THE ROANOKE COUNTY PUBLIC SCHOOL BOARD,
LOCATED AT 500 TITAN TRAIL (TAX MAP NOS. 76.20-06-16.00-0000;
86.07-01-01.00-0000; 86.08-04-33.00-0000), IN THE WINDSOR HILLS
MAGISTERIAL DISTRICT
AND
AUTHORIZING A MEMORANDUM OF UNDERSTANDING, FOR THE
HIDDEN VALLEY REGIONAL STORMWATER MANAGEMENT
FACILITY, BETWEEN ROANOKE COUNTY PUBLIC SCHOOL BOARD
AND THE ROANOKE COUNTY BOARD OF SUPERVISORS
WHEREAS, in 2002, pursuant to the Roanoke Valley Regiona l Storm Water
Management Master Plan, and with the Roanoke County Public Schools’ permission, the
County constructed a regional storm water management facility (the “Regional Facility”),
which is located on the property of Hidden Valley High School at 500 Titan Trail, Roanoke,
VA 24018; and
WHEREAS, the Regional Facility includes a dam that is regulated by the Virginia
Department of Conservation and Recreation, Division of Dam Safety and Floodplain
Management; and
WHEREAS, since its construction of the Regional Facility, the County, with the
Public Schools’ permission, has inspected and maintained the Regional Facility; and
WHEREAS, the County is presently willing to continue to inspect and assist the
Public Schools in maintaining the Regional Facility, and the School Board desires for the
County to continue to do so; and
Page 2 of 2
WHEREAS, the School Board and the County have agreed that the School Board
should convey an easement to the County to enable the County to continue to perform
such inspections and maintenance; and
WHEREAS, the first reading of this ordinance was held on November 6, 2019, and
the second reading was held on November 19, 2019.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the receipt of a new variable width dam and stormwater maintenance
easement on property located at 500 Titan Trail (Tax Map Nos. 76.20 -06-16.00-
0000; 86.07-01-01.00-0000; 86.08-04-33.00-0000), in the Windsor Hills
Magisterial District, from the Roanoke County Public School Board, is hereby
authorized and approved.
2. That the County Administrator, or any Assistant County Administrator, either of
whom may act, are authorized to execute, deliver and record the deed and a
memorandum of understanding that sets forth the County’s and the School
Board’s responsibilities, and any other documents on behalf of the County, and
to take all such further action as any of them may deem necessary or desirable
in connection with this project.
3. That this ordinance shall be in full force and effect upon its final passage.
Page 1 of 3
ACTION NO.
ITEM NO. F.2
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 6, 2019
AGENDA ITEM: Ordinance approving a greenway easement to Roanoke
County on property owned by Mattie Oliver Bower (Tax Map
No. 36.00-01-03-0000) for the purpose of the Hinchee Trail
SUBMITTED BY: Doug Blount
Director of Parks Recreation and Tourism
APPROVED BY: Daniel R. O’Donnell
County Administrator
ISSUE:
Ordinance approving a greenway easement from Mattie Oliver Bower on Tax Map No.
36.00-01-03-0000 for the Hinchee Trail
BACKGROUND:
Hanging Rock Battlefield Trail is a rail-trail project that incorporates interpretive signs
describing the Civil War Battle at Hanging Rock and the use of the railroad for hauling
coal to Catawba. The Trail, Route #17 in the Greenway Plan, opened in 1999 as one of
the early greenway projects in the Roanoke Valley. The trail is a 1.7 mile -long cinder
surface, and hosts many runners and walkers each day. It runs parallel to Kessler Mill
Road, adjacent to the Roanoke County Public Service Center, under I -81 and adjacent
to numerous business and residences. The City of Salem has funding to extend the trail
south to the existing portions of Mason Creek Greenway (Route #23) near GE and
ultimately the trail will connect to the Roanoke River Greenway (Route #31). The
existing Hanging Rock Battlefield Trail will be the direct linkage to the proposed Hinchee
Trail, providing the greenway connection to this new trail from businesses, residential
and commercial areas.
Carvins Cove Natural Reserve is a 12,463-acre watershed property protecting Carvins
Cove Reservoir. The reservoir and lands immediately surrounding it, approximately
1,100 acres, are owned and operated by the Western Virginia Water Authority; the
Page 2 of 3
remaining lands above the 1,200-foot contour are owned and managed by the City of
Roanoke’s Parks and Recreation Department. Conservation easements were placed on
the City’s 11,363 acres in 2008 and 2009 and are held by Virginia Outdoors Foundation
and Blue Ridge Land Conservancy. These easements are on the lands above the
1,200-foot contour and protect the land for watershed, recreation, open space, natural
habitat, biological diversity and forest use. Carvins Cove is a destination outdoor
recreation area. The Hinchee Trail would provide a new connection to Carvins Cove
from the urban area, allowing access without an automobile.
The goal of this project is to connect the Roanoke Valley Greenway network to the
12,463-acre Carvins Cove Natural Reserve. This project is in Roanoke County, half a
mile from Exit 141 of I-81 and a mile from the City of Salem. The project would provide
the opportunity for users to bicycle, walk or ride horses from the Hanging Rock
Battlefield Trail to Carvins Cove, thus connecting an urban area to a very rural, natural
preserve.
On December 19, 2017, the Roanoke County Board of Supervisors approved and
appropriated grants in the amount of $93,532 from Virginia Land Conservation Fund
(VLCF) and Preservation Trust Fund for this project.
On November 20, 2018, the Roanoke County Board of Supervisors approved the
purchase of 1.706 acres of land from the Margaret R. Hinchee Revocable Living Trust
and Lloyd M. Hinchee Revocable Living Trust for this project.
On May 14, 2019, The Roanoke County Board of Supervisors approved the donation of
252.857 acres of land from the Pathfinders for Greenways and Hinchee & Pace, LLC for
the creation of Hinchee Park.
DISCUSSION:
Ms. Mattie Oliver Bower has agreed to provide a greenway easement for the Hinchee
Trail. The greenway easement is fifty feet (50’) wide, i.e. twenty -five feet (25’) wide on
each side measured from the center line of Brushy Mountain Road (private) to op erate,
inspect, use, monitor, maintain, repair or replace as a public trail for purposes of ingress
and egress from Timberview Road to the property of Grantee and Carvins Cove Natural
Reserve.
The greenway easement on the property will be upon, over, th rough and across that
portion of the property shown as 0.06662 +/- acre (2,882+/- Sf. Ft.).
Roanoke County is responsible for the maintenance of the greenway easement. The
approval of this easement is the final step in completing the grant process for the
Hinchee Trail project.
Page 3 of 3
FISCAL IMPACT:
The purchase price for the greenway easement is $1,065. The purchase price was
determined by taking the assessed value per acre of the property and multiplying that
value by the acreage in the surveyed area of the easement documented on the plat.
The easement is part of the Virginia Land Conservation Fund grant that was approved
by the Roanoke County Board of Supervisors on December 17, 2018. The easement
cost will be reimbursed fifty percent (50%) by the VLCF grant at $532.50. The remaining
$532.50 is available through Roanoke County’s matching funds in the grant project
account.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of the ordinance and setting second
reading for November 19, 2019.
1
Tax Map ## 036.00-01-03, 025.00-01-09 Prepared by and Return to:
025.00-01-10, 025.00-01-44, 025.00-01-45 David B. Bullington, Esq.
025.00-01-47, 025.00-01-49, 036.00-01-02; The Bullington Law Firm, P.C.
& 036.00-01-05 (VSB #28074)
5461 Fallowater Lane, Suite B
Roanoke, Virginia 24018
This Deed is Exempt from Recordation Taxes pursuant to
Va. Code §§ 58.1-811(A (3) and 58.1-811(C)(4)
THIS DEED OF EASEMENT, is made as of this _____ day of August 2019, between
MATTIE OLIVER BOWER (hereinafter referred to as the “Grantor”), and the BOARD OF
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA (hereinafter referred to as the
“Grantee”),
WITNESSETH:
WHEREAS, Grantee is the owner of approximately 235 acres of land on Brushy
Mountain, which was acquired for recreational purposes for the Hinchee Trail and Park, and
having tax map numbers 025.00-01-09.00-0000, 025.00-01-10.00-0000, 025.00-01-44.00-0000,
025.00-01-45.00-0000, 025.00-01-47.00-0000, 025.00-01-49.00-0000, 036.00-01-02.00-0000,
and 036.00-01-05.00-0000; and
WHEREAS, Roanoke County, as owner of 235 acres on Brushy Mountain has certain
rights of entry, conveyed with title to the aforesaid property, via Virginia Deer Road and Brushy
Mountain Road; and
WHEREAS, Roanoke County wishes to use Brushy Mountain Road and Virginia Deer
Road as a greenway trail for recreational use and will maintain a gate at the current location
where Virginia Deer Road ends at Brushy Mountain Road; and
WHEREAS, the Hinchee Trail is identified in the 2018 update to the Roanoke Valley
Greenway Plan, endorsed by the Cities of Roanoke and Salem, Counties of Botetourt and
Roanoke, and Town of Vinton, as a recreational connection between the Hanging Rock
Battlefield Trail and Carvins Cove Natural Reserve; and
WHEREAS, Grantor is the owner of the real property and improvements adjoining
Virginia Deer Road and having tax map number 36.00-01-03 as shown on the below described
Plat; and
2
WHEREAS, Grantee has requested, and the Grantor has agreed to, the conveyance of a
perpetual greenway easement on and along Virginia Deer Road for public use as a recreational
trail over that portion of Grantor's property as set forth herein.
NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of ONE DOLLAR
($ 1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor hereby GRANTS and CONVEYS with General Warranty and
Modern English Covenants of Title unto the Grantee, its successor and assigns, the following
described easement, in the County of Roanoke, Virginia, to wit:
A PERPETUAL GREENWAY EASEMENT, herein referred to as the “Greenway
Easement”, being 50-feet wide, i.e. 25-feet wide on each side measured from the
center line of Virginia Deer Road (private), to operate, inspect, use, monitor,
maintain, repair or replace a PUBLIC ACCESS TRAIL, hereinafter referred to as
“Hinchee Trail”, for purposes of ingress and egress from Timberview Road to the
property of Grantee and Carvins Cove Natural Reserve. The Greenway Easement
on the property of Grantor will be upon, over, through, and across that portion of
the property of Grantor shown as "0.06662 +/- ACRE (2,882+/- Sf. Ft.) NEW
ACCESS EASEMENT FOR TRAIL" as shown on that Easement Plat for
Roanoke County, Virginia, Showing Access Easements Along Hinchee Trail,
dated June 28, 2019, prepared by Caldwell White Associates (the “Plat”), which
Plat is attached hereto and incorporated herein as Exhibit "A".
Said Greenway Easement shall be subject to the terms and conditions stated below.
1. The Grantor hereby grants to the Grantee and the general public free access to and
recreational use of the Hinchee Trail within the Greenway Easement subject to the
laws and ordinances of Roanoke County, for the purposes including but not limited
to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. There
shall be no access by the Grantee or the public at-large granted by this Greenway
Easement to any property of the Grantor other than the Greenway Easement and
Hinchee Trail described and conveyed herein on Exhibit A. The general public shall
have no right to construct or improve any portion of the Greenway Easement and
Hinchee Trail.
2. The Greenway Easement herein conveyed shall be appurtenant to the Grantor’s lands
over which it runs and shall convey to the Grantee and its successors and assigns the
perpetual right for public use of the Greenway Easement for the purposes set forth
herein, including to install and maintain improvements, and the right to go on, over
3
and upon the said Greenway Easement for the purposes of installing, maintaining,
repairing and replacing the improvements necessary for the Hinchee Trail.
3. Public access to the Hinchee Trail with any type of motor vehicle, including but not
limited to motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and
snowmobiles, shall be prohibited, except to the extent that vehicles are necessary for
accessibility per the Americans with Disabilities Act of 1990. Grantee and its agents
may use motorized vehicles for construction, inspection, emergency calls,
maintenance, or reconstruction of the Hinchee Trail within the Greenway Easement.
4. Public parking along Virginia Deer Road on the Greenway Easement shall be
prohibited.
5. The Grantor shall retain the right to use Virginia Deer Road and the land subject to
the Greenway Easement acquired herein in any legal manner which shall not prevent
the use and enjoyment of the Hinchee Trail.
6. The Grantor shall not erect any building, fence, sign, guardrail, or other structure over
the easement so as to render the Greenway Easement inaccessible, except that fences
and gates may be erected and/ or maintained with the mutual consent of the Grantor
and Grantee.
7. There shall be no excavation, dredging, or dumping of ashes, garbage, tires, waste,
brush or other unsightly or offensive material within the Greenway Easement by the
Grantor or Grantee, or by their agents or licensees.
8. Any construction by the Grantor of roads or driveways within the Greenway
Easement or crossing the Hinchee Trail must be approved by the Grantee and
designed in coordination with the Grantee to facilitate a safe and convenient crossing
of the road or driveway by Hinchee Trail users.
9. The Grantor shall have no maintenance responsibility for the Hinchee Trail within the
Greenway Easement.
10. The Grantee may erect within the Greenway Easement markers, kiosks, vehicle
control barriers, signage, fences, gates, and other trail-related appurtenances as
deemed necessary for preservation of the Greenway Easement, use and management
of the Hinchee Trail, and safety of the Trail users, to the extent that such amenities do
not interfere with vehicular access to the Grantor’s property.
4
11. The Grantee and its agents shall have the right to inspect the Greenway Easement and
to cut, clear, and remove undergrowth, obstructions, or improvements lying within or
upon the easement that endanger or interfere with the proper use of the same.
12. The Grantee shall have the right and duty to ensure maintenance of the Hinchee Trail.
13. The Grantor shall have the right to ensure maintenance of Virginia Deer Road.
14. The Grantee shall not deny the Grantor access to the Hinchee Trail or Greenway
Easement.
15. The Grantee agrees to defend, indemnify, and hold harmless Grantor from and against
any and all claims, demands, actions, damages, losses, and liabilities to the extent
permitted by the law and without waiving any claim of sovereign immunity.
However, the Grantor shall not be held harmless from liability caused by the active
conduct or acts of the Grantor, its agents, invitees, or contractors which violate the
terms and conditions of this Deed of Easement.
16. The covenants agreed to and the terms, conditions, and restrictions imposed herein
shall be binding upon the Grantor and its agents, heirs, and assigns and shall continue
as a servitude running in perpetuity with the described land. The Grantor agrees that
the terms, conditions, and restrictions of this Greenway Easement will be inserted by
it in any subsequent deed or other legal instrument by which it divests itself of either
the fee simple title to, or of its possessory interest in, the subject property.
17. Should the Grantee or its assigns or successors-in-interest cease to develop, operate,
or maintain the Hinchee Trail, the Grantor may request that the Greenway Easement
be vacated. Grantee or its assigns or successors-in-interest shall not unreasonably
withhold approval of such request.
WITNESS the following signatures and seals:
5
GRANTOR:
______________________________________
Mattie Oliver Bower, by Carolyn S. Bowman,
her attorney in fact (SEAL)
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of August 2019, by
Carolyn S. Bowman, attorney in fact for Mattie Oliver Bower.
________________________________________
Notary Public
My commission expires:____________________
Registration No.: _________________________
6
Dan O'Donnell, County Administrator, executes this instrument on behalf of the Board of
Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. _____________________ adopted
by said Board of Supervisors on ___________________.
___________________________________________
Dan O' Donnell, County Administrator
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit:
The foregoing instrument was acknowledged before me this ____ day of ____________,
2019, by Dan O' Donnell, County Administrator, on behalf of the Board of Supervisors of
Roanoke County, Virginia.
________________________________________
Notary Public
My commission expires:____________________
Registration No.: _________________________
Page 1 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 6, 2019
ORDINANCE APPROVING A GREENWAY EASEMENT TO THE BOARD
OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED
BY MATTIE OLIVER BOWER (TAX MAP NO. 036.00-01-03.00-0000)
FOR PURPOSE OF THE HINCHEE TRAIL
WHEREAS, the Hinchee Trail is an identified project in the 2018 update to the
Roanoke Valley Greenway Plan as a recreational connection between the Hanging Rock
Battlefield Trail and Carvins Cove Natural Reserve; and
WHEREAS, Mattie Oliver Bower has agreed to provide a fifty foot (50’) wide
greenway easement for the Hinchee Trail over a portion of her property located at 1904
Timberview Road, Tax Map No. 036.00-01-03.00-0000, in exchange for $1,065; and
WHEREAS, the approval of this easement is the final step in completing the grant
process for the Hinchee Trail project; and
WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the
Virginia Land Conservation Fund (VLCF) grant in the amount of $532.50; and
WHEREAS, the remaining $532.50 is available through the Roanoke County
matching funds in the grant project account; and
WHEREAS, Section 18.04 of the Roanoke County Charter requires that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading for this ordinance was held on November 6, 2019. The second reading of this
ordinance was held on November 19, 2019.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
Page 2 of 2
1. The conveyance of an easement to the Roanoke County Board of Supervisors
from Mattie Oliver Bower in exchange for $1,065 across property situated along
1904 Timberview Road, in Roanoke County, Virginia (Catawba Magisterial
District), bearing Tax Map No. 036.00-01-03.00-0000 is hereby approved.
2. Per the agreement of the parties, Roanoke County will be responsible for
maintenance of the greenway easement.
3. The County Administrator, or any Assistant County Administrator, is hereby
authorized, on behalf of the County, to execute and then deliver the Deed of
Easement and any other necessary documents in furtherance of same.
Page 1 of 3
ACTION NO.
ITEM NO. F.3
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 6, 2019
AGENDA ITEM: Ordinance approving a greenway easement to Roanoke
County on property owned by David L. Kinsey and Frank C.
Kinsey (Tax Map No. 025.00-01-08.00-0000) for purpose of
the Hinchee Trail
SUBMITTED BY: Doug Blount
Director of Parks Recreation and Tourism
APPROVED BY: Daniel R. O’Donnell
County Administrator
ISSUE:
Ordinance approving a greenway easement from David L. Kinsey and Frank C. Kinsey
for development of Hinchee Trail on Tax Map No. 025.00-01-.08.00-0000
BACKGROUND:
Hanging Rock Battlefield Trail is a rail-trail project that incorporates interpretive signs
describing the Civil War Battle at Hanging Rock and the use of the railroad for hauling
coal to Catawba. The Trail, Route #17 in the Greenway Plan, opened in 1999 as one of
the early greenway projects in the Roanoke Valley. The trail is a 1.7 mile-long cinder
surface, and hosts many runners and walkers each day. It runs parallel to Kessler Mill
Road, adjacent to the Roanoke County Public Service Center, under I -81 and adjacent
to numerous business and residences. The City of Salem has funding to extend the trail
south to the existing portions of Mason Creek Greenway (Route #23) near GE and
ultimately the trail will connect to the Roanoke River Greenway (Route #31). The
existing Hanging Rock Battlefield Trail will be the direct linkage to the proposed Hinchee
Trail, providing the greenway connection to this new trail from businesses, residential,
and commercial areas.
Carvins Cove Natural Reserve is a 12,463-acre, watershed property protecting Carvins
Cove Reservoir. The reservoir and lands immediately surrounding it, approximately
1100 acres, are owned and operated by the Western Virginia Water Authority; the
Page 2 of 3
remaining lands above the 1,200-foot contour are owned and managed by the City of
Roanoke’s Parks and Recreation Department. Conservation easements were placed on
the City’s 11,363 acres in 2008 and 2009 and are held by Virginia Outdoors Foundation
and Blue Ridge Land Conservancy. These easements are on the lands above the
1,200-foot contour and protect the land for watershed, recreation, open space, natural
habitat, biological diversity and forest use. Carvins Cove is a destination outdoor
recreation area. The Hinchee Trail would provide a new connection to Carvins Cove
from the urban area, allowing access without an automobile.
The goal of this project is to connect the Roanoke Valley Greenway network to the
12,463-acre Carvins Cove Natural Reserve. This project is in Roanoke County, half a
mile from Exit 141 of I-81 and a mile from the City of Salem. The project would provide
the opportunity for users to bicycle, walk or ride horses from the Hanging Rock
Battlefield Trail to Carvins Cove, thus connecting an urban area to a very rural, natural
preserve.
On December 19, 2017, the Roanoke County Board of Supervisors approved and
appropriated grants in the amount of $93,532 from Virginia Land Conservation Fund
(VLCF) and Preservation Trust Fund for this project.
On November 20, 2018, the Roanoke County Board of Supervisors approved the
purchase of 1.706 acres of land from the Margaret R. Hinchee Revocable Living Trust
and Lloyd M. Hinchee Revocable Living Trust for this project.
On May 14, 2019, The Roanoke County Board of Supervisors approved the donation of
252.857 acres of land from the Pathfinders for Greenways and Hinchee & Pace, LLC for
the creation of Hinchee Park.
DISCUSSION:
The Kinsey family has agreed to provide a greenway easement for the Hinchee Trail.
The greenway easement is fifty feet (50’) wide, i.e. twenty-five fee (25’) wide on each
side measured from the center line of Brushy Mountain Road (private) to operate,
inspect, use, monitor, maintain, repair or replace as a public trail for purposes of ingress
and egress from Timberview Road to the property of Grantee and Carvins Cove Natural
Reserve.
The greenway easement on the property will be upon, over, through and across that
portion of the property shown as 2.4892+/- ACRE (108,441+/- Sq. Ft.)
Roanoke County will be responsible for the maintenance of trail through the easement.
The Kinsey family will still have access to their property through the Hinchee Trail by
vehicle if needed. The approval of this easement is the final step in completing the
Page 3 of 3
grant process for the Hinchee Trail project.
FISCAL IMPACT:
The purchase price for the greenway easement is $2,900 . The purchase price was
determined by taking the assessed value per acre of the property and multiplying that
value by the surveyed area of the easement on the plat. The easement is part of the
VLCF grant that was approved by the Roanoke County Board of S upervisors on
December 19, 2017. The easement cost will be reimbursed by fifty percent (50%) by the
VLCF grant at $1,450. The remaining $1,450 is available through the Roanoke County
matching funds in the grant project account.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading and setting second reading for
November 19, 2019.
1
Prepared by:
Peter Lubeck, Roanoke County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
This Deed is Exempt from Recordation Taxes pursuant to
Va. Code §§ 58.1-811(A (3) and 58.1-811(C)(4)
Official Tax Map No.: 025.00-01-08-0000
Property Owners: David L. Kinsey and Frank C. Kinsey
THIS DEED OF EASEMENT, is made as of this ____ day of __________2019,
between DAVID L. KINSEY AND FRANK C. KINSEY (hereinafter referred to as the
“Grantors”), and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
(hereinafter referred to as the “Grantee”),
WITNESSETH:
WHEREAS, Grantee is the owner of approximately 235 acres of land on Brushy
Mountain, which was acquired for recreational purposes for the Hinchee Trail and Park, and
having tax map numbers 025.00-01-09.00-0000, 025.00-01-10.00-0000, 025.00-01-44.00-0000,
025.00-01-45.00-0000, 025.00-01-47.00-0000, 025.00-01-49.00-0000, 036.00-01-02.00-0000,
and 036.00-01-05.00-0000; and
WHEREAS, Roanoke County, as owner of 235 acres on Brushy Mountain has certain
rights of entry, conveyed with title to the aforesaid property, via Virginia Deer Road and Brushy
Mountain Road; and
WHEREAS, Roanoke County wishes to use Brushy Mountain Road and Virginia Deer
Road as a greenway trail for recreational use and will maintain a gate at the current location
where Virginia Deer Road ends at Brushy Mountain Road; and
WHEREAS, the Hinchee Trail is identified in the 2018 update to the Roanoke Valley
Greenway Plan, endorsed by the Cities of Roanoke and Salem, Counties of Botetourt and
Roanoke, and Town of Vinton, as a recreational connection between the Hanging Rock
Battlefield Trail and Carvins Cove Natural Reserve; and
WHEREAS, Grantors are the owner of the real property and improvements on and
adjoining Brushy Mountain Road and having tax map number 25.00-01-08-0000 as shown on the
below described Plat; and
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WHEREAS, Grantee has requested, and the Grantors have agreed to, the conveyance of a
perpetual greenway easement on and along Brushy Mountain Road for public use as a
recreational trail over that portion of Grantors' property as set forth herein; and
WHEREAS, the Parties acknowledge that the Grantors have been using Virginia Deer
Road and Brushy Mountain Road to access their property located at 025.00-01-08.00-0000, and
the Grantee does not object to such continued use.
NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of twenty-nine
hundred DOLLARS ($2900) and other good and valuable consideration, the receipt of which is
hereby acknowledged, the Grantors hereby GRANT and CONVEY with General Warranty and
Modern English Covenants of Title unto the Grantee, its successor and assigns, the following
described easement, in the County of Roanoke, Virginia, to wit:
A PERPETUAL GREENWAY EASEMENT, herein referred to as the “Greenway
Easement”, being 50-feet wide, i.e. 25-feet wide on each side measured from the
center line of Brushy Mountain Road (private), to operate, inspect, use, monitor,
maintain, repair or replace a PUBLIC ACCESS TRAIL, hereinafter referred to as
“Hinchee Trail”, for purposes of ingress and egress from Timberview Road to the
property of Grantee and Carvins Cove Natural Reserve. The Greenway Easement
on the property of Grantors will be upon, over, through, and across that portion of
the property of Grantors shown as "2.4892+/- ACRE (108,441+/- Sq. Ft.) NEW
ACCESS EASEMENT FOR TRAIL" on Parcel # 25.00-01-08-0000, as shown on
that Easement Plat for Roanoke County, Virginia, Showing Access Easements
Along Hinchee Trail, dated August 30, 2019, prepared by Caldwell White
Associates (the “Plat”), which Plat is attached hereto and incorporated herein as
Exhibit "A".
Said Greenway Easement shall be subject to the terms and conditions stated below.
1. The Grantors hereby grant to the Grantee and the general public free access to and
recreational use of the Hinchee Trail within the Greenway Easement subject to the
laws and ordinances of Roanoke County, for the purposes including but not limited
to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. There
shall be no access by the Grantee or the public at-large granted by this Greenway
Easement to any property of the Grantors other than the Greenway Easement and
Hinchee Trail described and conveyed herein on Exhibit A. The general public shall
have no right to construct or improve any portion of the Greenway Easement and
Hinchee Trail.
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2. The Greenway Easement herein conveyed shall be appurtenant to the Grantors’ lands
over which it runs and shall convey to the Grantee and its successors and assigns the
perpetual right for public use of the Greenway Easement for the purposes set forth
herein, including to install and maintain improvements, and the right to go on, over
and upon the said Greenway Easement for the purposes of installing, maintaining,
repairing and replacing the improvements necessary for the Hinchee Trail.
3. Public access to the Hinchee Trail with any type of motor vehicle, including but not
limited to motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and
snowmobiles, shall be prohibited, except to the extent that vehicles are necessary for
accessibility per the Americans with Disabilities Act of 1990. Grantee and its agents
may use motorized vehicles for construction, inspection, emergency calls,
maintenance, or reconstruction of the Hinchee Trail within the Greenway Easement.
4. The Grantors shall retain the right to use their land subject to the Greenway Easement
acquired herein in any legal manner which shall not prevent the use and enjoyment of
the Hinchee Trail.
5. The Grantors shall not erect any building, fence, sign, guardrail, or other structure
over the easement so as to render the Greenway Easement inaccessible, except that
fences and gates may be erected and/ or maintained with the mutual consent of the
Grantors and Grantee.
6. There shall be no excavation, dredging, or dumping of ashes, garbage, tires, waste,
brush or other unsightly or offensive material within the Greenway Easement by the
Grantors or Grantee, or by their agents or licensees.
7. Any construction by the Grantors of roads or driveways within the Greenway
Easement or crossing the Hinchee Trail must be approved by the Grantee and
designed in coordination with the Grantee to facilitate a safe and convenient crossing
of the road or driveway by Hinchee Trail users.
8. The Grantors may connect their existing and or future trails into Hinchee Trail from
their property.
9. The Grantors shall have no maintenance responsibility for the Hinchee Trail within
the Greenway Easement.
4
10. The Grantee may erect within the Greenway Easement markers, kiosks, vehicle
control barriers, signage, fences, gates, and other trail-related appurtenances as
deemed necessary for preservation of the Greenway Easement, use and management
of the Hinchee Trail, and safety of the Trail users, to the extent that such amenities do
not interfere with access to the Grantors’ property.
11. The Grantee and its agents shall have the right to inspect the Greenway Easement and
to cut, clear, and remove undergrowth, obstructions, or improvements lying within or
upon the easement that endanger or interfere with the proper use of the same.
12. The Grantee shall have the right and duty to ensure maintenance of the Hinchee Trail.
13. The Grantors shall have the right to ensure maintenance of their portion of Brushy
Mountain Road. This includes access from the Hinchee Trail for tree maintenance
and removal on Grantor’s property.
14. The Grantee shall not deny the Grantors access to the Hinchee Trail or Greenway
Easement.
15. The Grantee agrees to defend, indemnify, and hold harmless Grantors from and
against any and all claims, demands, actions, damages, losses, and liabilities to the
extent permitted by the law and without waiving any claim of sovereign immunity.
However, the Grantors shall not be held harmless from liability caused by the active
conduct or acts of the Grantors, its agents, invitees, or contractors which violate the
terms and conditions of this Deed of Easement.
16. The covenants agreed to and the terms, conditions, and restrictions imposed herein
shall be binding upon the Grantors and its agents, heirs, and assigns and shall
continue as a servitude running in perpetuity with the described land. The Grantors
agree that the terms, conditions, and restrictions of this Greenway Easement will be
inserted by it in any subsequent deed or other legal instrument by which it divests
itself of either the fee simple title to, or of its possessory interest in, the subject
property.
17. Should the Grantee or its assigns or successors-in-interest cease to develop, operate,
or maintain the Hinchee Trail, the Grantors may request that the Greenway Easement
be vacated. Grantee or its assigns or successors-in-interest shall not unreasonably
withhold approval of such request.
5
WITNESS the following signatures and seals:
6
GRANTOR:
DAVID L. KINSEY
By: ______________________________________
Printed name:______________________________
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of _________
2019, by ________________________________________________.
________________________________________
Notary Public Signature
My commission expires:____________________
(SEAL) Registration No.: _________________________
7
GRANTOR:
FRANK C. KINSEY
By: ______________________________________
Printed name:______________________________
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of _________
2019, by ________________________________________________.
________________________________________
Notary Public Signature
My commission expires:____________________
(SEAL) Registration No.: _________________________
8
GRANTEE:
THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA
Daniel R. O'Donnell, County Administrator, executes this instrument on behalf of the Board of
Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. _____________________ adopted
by said Board of Supervisors on ___________________.
___________________________________________
Daniel R. O' Donnell, County Administrator
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of
______________, 2019, by Daniel R. O' Donnell, County Administrator, on behalf of the Board
of Supervisors of Roanoke County, Virginia.
________________________________________
Notary Public
My commission expires:____________________
Registration No.: _________________________
Approved as to Form:
____________________________
Roanoke County Attorney’s Office
Page 1 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON WEDNESDAY, NOVEMBER 6, 2019
ORDINANCE APPROVING A GREENWAY EASEMENT TO THE BOARD
OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED
BY DAVID L. KINSEY AND FRANK C. KINSEY (TAX MAP NO. 025.00 -
01-08.00-0000) FOR PURPOSE OF THE HINCHEE TRAIL
WHEREAS, the Hinchee Trail is identified project in the 2018 update to the
Roanoke Valley Greenway Plan as a recreational connection between the Hanging Rock
Battlefield Trail and Carvins Cove Natural Reserve; and
WHEREAS, the Kinsey family has agreed to provide a fifty foot (50’) wide
greenway easement for the Hinchee Trail over a portion of their property located at 0
Timberview Road, Tax Map No. 025.00-01-08.00-0000, in exchange for $2,900.00; and
WHEREAS, the approval of this easement is the final step in completing the grant
process for the Hinchee Trail project; and
WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the
Virginia Land Conservation Fund (VLCF) grant in the amount of $1,450.00; and
WHEREAS, the remaining $1,450.00 is available through the Roanoke County
matching funds in the grant project account; and
WHEREAS, Section 18.04 of the Roanoke County Charter requires that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading for this ordinance was held on November 6, 2019. The second reading of this
ordinance was held on November 19, 2019.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
Page 2 of 2
1. The conveyance of an easement to the Roanoke County Board of Supervisors
from David L. Kinsey and Frank C. Kinsey in exchange for $2,900.00 across
property situated along 0 Timberview Road, in Roanoke County, Virginia
(Catawba Magisterial District), bearing Tax Map No. 025.00-01-08.00-0000 is
hereby approved.
2. Per the agreement of the parties, Roanoke County will be responsible for the
maintenance of trail through the easement, and the Kinsey family will still have
access to their property through the Hinchee Trail by vehicle if needed.
3. The County Administrator, or any Assistant County Administrator, is hereby
authorized, on behalf of the County, to execute and then deliver the
Memorandum of Understanding and any other necessary documents in
furtherance of same.
Page 1 of 3
ACTION NO.
ITEM NO. F.4
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 6, 2019
AGENDA ITEM: Ordinance approving a greenway easement to Roanoke
County on property owned by Ms. Garnette A. Stewart (Tax
Map No. 036.00-01-02.00-0000) for the purpose of the
Hinchee Trail
SUBMITTED BY: Doug Blount
Director of Parks Recreation and Tourism
APPROVED BY: Daniel R. O’Donnell
County Administrator
ISSUE:
Ordinance approving a greenway easement from Garnette A. Stewart on Tax Map No.
036.00-01-02.00-0000 for the Hinchee Trail
BACKGROUND:
Hanging Rock Battlefield Trail is a rail-trail project that incorporates interpretive signs
describing the Civil War Battle at Hanging Rock and the use of the railroad for hauling
coal to Catawba. The Trail, Route #17 in the Greenway Plan, opened in 1999 as one of
the early greenway projects in the Roanoke Valley. The trail is a 1.7 mile -long cinder
surface, and hosts many runners and walkers each day. It runs parallel to Kessler Mill
Road, adjacent to the Roanoke County Public Service Center, under I -81 and adjacent
to numerous business and residences. The City of Salem has funding to extend the trail
south to the existing portions of Mason Creek Greenway (Route #23) near GE and
ultimately the trail will connect to the Roanoke River Greenway (Route #31). The
existing Hanging Rock Battlefield Trail will be the direct linkage to the proposed Hinchee
Trail, providing the greenway connection to this new trail from businesses, residential,
and commercial areas.
Carvins Cove Natural Reserve is a 12,463-acre watershed property protecting Carvins
Cove Reservoir. The reservoir and lands immediately surrounding it, ap proximately
1,100 acres, are owned and operated by the Western Virginia Water Authority; the
Page 2 of 3
remaining lands above the 1,200-foot contour are owned and managed by the City of
Roanoke’s Parks and Recreation Department. Conservation easements were placed on
the City’s 11,363 acres in 2008 and 2009 and are held by Virginia Outdoors Foundation
and Blue Ridge Land Conservancy. These easements are on the lands above the
1,200-foot contour and protect the land for watershed, recreation, open space, natural
habitat, biological diversity and forest use. Carvins Cove is a destination outdoor
recreation area. The Hinchee Trail would provide a new connection to Carvins Cove
from the urban area, allowing access without an automobile.
The goal of this project is to connect the Roanoke Valley Greenway network to the
12,463-acre Carvins Cove Natural Reserve. This project is in Roanoke County, half a
mile from Exit 141 of I-81 and a mile from the City of Salem. The project would provide
the opportunity for users to bicycle, walk, or ride horses from the Hanging Rock
Battlefield Trail to Carvins Cove, thus connecting an urban area to a very rural, natural
preserve.
On December 19, 2017, the Roanoke County Board of Supervisors approved and
appropriated grants in the amount of $93,532 from Virginia Land Conservation Fund
and Preservation Trust Fund for this project.
On November 20, 2018, the Roanoke County Board of Supervisors approved the
purchase of 1.706 acres of land from the Margaret R. Hinchee Revocable Living Trust
and Lloyd M. Hinchee Revocable Living Trust for this project.
On May 14, 2019, The Roanoke County Board of Supervisors approved the donation of
252.857 acres of land from the Pathfinders for Greenways and Hinchee & Pace, LLC for
the creation of Hinchee Park.
DISCUSSION:
Ms. Garnette A. Stewart has agreed to provide a greenway easement for the Hinchee
Trail. The greenway easement is fifty foot (50’), i.e. twenty-five feet (25’) wide on each
side measured from the center line of Brushy Mountain Road (private) t o operate,
inspect, use, monitor, maintain, repair or replace as a public trail for purposes of ingress
and egress from Timberview Road to the property of Grantee and Carvins Cove Natural
Reserve.
The greenway easement on the property will be upon, over , through and across that
portion of the property shown as 1.4082+/- acre (61,341+/- Sq. Ft.).
Roanoke County will also be responsible for the snow removal on the greenway
easement and the property’s driveway during the life of Ms. Stewart and her daught er,
Rebecca R. Tran. The approval of this easement is the final step in completing the grant
Page 3 of 3
process for the Hinchee Trail project.
FISCAL IMPACT:
The purchase price for the greenway easement is $7,400. The purchase price was
determined by taking the assessed value per acre of the property and multiplying that
value by the acreage in the surveyed area of the easement documented on the plat.
The easement is part of the Virginia Land Conservation Fund grant that was approved
by the Roanoke County Board of Supervisors on December 19, 2017. The easement
cost will be reimbursed by fifty percent (50%) by the VLCF grant at $3,700. The
remaining $3,700 is available through Roanoke County's matching funds in the grant
project account.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of the ordinance and setting second
reading for November 19, 2019.
1
Prepared by:
Peter Lubeck, Roanoke County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
This Deed is Exempt from Recordation Taxes pursuant to
Va. Code §§ 58.1-811(A (3) and 58.1-811(C)(4)
Official Tax Map Nos.: 036.00-01-04.02-0000
Property Owner: Garnette A. Stewart, also known of record as Garnette Ann Layne Ross
AND
Official Tax Map No. 036.00-01-02.00-0000
Property Owner: The Board of Supervisors of Roanoke County
THIS DEED OF EASEMENT, is made as of this _____ day of ____________ 2019,
between GARNETTE A. STEWART, also known of record as GARNETTE ANN LAYNE
ROSS (hereinafter referred to as “Stewart”), and the BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA (hereinafter referred to as “the County”).
WITNESSETH:
WHEREAS, the County is the owner of approximately 235 acres of land on Brushy
Mountain, which was acquired for recreational purposes for the Hinchee Trail and Park, and
having tax map numbers 025.00-01-09.00-0000, 025.00-01-10.00-0000, 025.00-01-44.00-0000,
025.00-01-45.00-0000, 025.00-01-47.00-0000, 025.00-01-49.00-0000, 036.00-01-02.00-0000,
and 036.00-01-05.00-0000; and
WHEREAS, the County, as owner of 235 acres on Brushy Mountain, has certain rights of
entry, conveyed with title to the aforesaid property, via Virginia Deer Road and Brushy
Mountain Road; and
WHEREAS, the County wishes to use Brushy Mountain Road and Virginia Deer Road as
a greenway trail for recreational use and will maintain a gate at the current location where
Virginia Deer Road ends at Brushy Mountain Road; and
WHEREAS, the Hinchee Trail is identified in the 2018 update to the Roanoke Valley
Greenway Plan, endorsed by the Cities of Roanoke and Salem, Counties of Botetourt and
Roanoke, and Town of Vinton, as a recreational connection between the Hanging Rock
Battlefield Trail and Carvins Cove Natural Reserve; and
2
WHEREAS, Stewart is the owner of the real property and improvements on and
adjoining Virginia Deer Road and Brushy Mountain Road and having tax map number 36.00-01-
04.02-0000 as shown on the below described Plat; and
WHEREAS, the County has requested, and Stewart has agreed to, the conveyance of a
perpetual greenway easement on and along Virginia Deer Road and Brushy Mountain Road for
public use as a recreational trail over that portion of Stewart's property as set forth herein; and
WHEREAS, the Parties acknowledge that Stewart has been accessing her above-
referenced property by using that portion of Virginia Deer Road, located on tax map no. 036.00-
01-02.00-0000, which is owned by the County. Accordingly, Stewart has likewise requested, and
the County has agreed to, the conveyance of a perpetual easement for ingress and egress over
that portion of Virginia Deer Road that is located on the County’s property at tax map no.
036.00-01-02.00-0000 as set forth herein.
NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of seven thousand
four hundred DOLLARS ($7,400) and other good and valuable consideration, the receipt of
which is hereby acknowledged, Stewart hereby GRANTS and CONVEYS with General
Warranty and Modern English Covenants of Title unto the County, its successor and assigns, the
following described easement, in the County of Roanoke, Virginia, to wit:
A VARIABLE WIDTH PERPETUAL GREENWAY EASEMENT, herein
referred to as the “Greenway Easement”, being within and adjacent to those
portions of Virginia Deer Road and Brushy Mountain Road (private) that are
owned by Stewart, to operate, inspect, use, monitor, maintain, repair or replace a
PUBLIC ACCESS TRAIL, hereinafter referred to as “Hinchee Trail”, for
purposes of ingress and egress from Timberview Road to the property of the
County and Carvins Cove Natural Reserve. The Greenway Easement on the
property of Stewart will be upon, over, through, and across that portion of
Stewart’s property shown as "1.4082+/- ACRE (61,341+/- Sq. Ft.) NEW
ACCESS EASEMENT FOR TRAIL" on Parcel # 36.00-01-04.02-0000, as shown
on sheets 3, 4, and 5 of 9 of the plat entitled "Easement Plats for Roanoke
County, Virginia, Showing Access Easements Along Hinchee Trail, Situate
Virginia Deer Road, Catawba Magisterial District, County of Roanoke, Virginia”
prepared and sealed by Frank B. Caldwell, III, dated August 30, 2019, which Plat
is attached hereto and incorporated herein as Exhibit "A".
Said Greenway Easement shall be subject to the terms and conditions stated below.
1. Stewart hereby grants to the County and the general public free access to and
recreational use of the Hinchee Trail within the Greenway Easement subject to the
3
laws and ordinances of Roanoke County, for the purposes including but not limited
to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. There
shall be no access by the County or the public at-large granted by this Greenway
Easement to any property of Stewart other than the Greenway Easement and Hinchee
Trail described and conveyed herein on Exhibit A. The general public shall have no
right to construct or improve any portion of the Greenway Easement and Hinchee
Trail.
2. The Greenway Easement herein conveyed shall be appurtenant to Stewart’s lands
over which it runs and shall convey to the County and its successors and assigns the
perpetual right for public use of the Greenway Easement for the purposes set forth
herein, including to install and maintain improvements, and the right to go on, over
and upon the said Greenway Easement for the purposes of installing, maintaining,
repairing and replacing the improvements necessary for the Hinchee Trail.
3. Public access to the Hinchee Trail with any type of motor vehicle, including but not
limited to motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and
snowmobiles, shall be prohibited, except to the extent that vehicles are necessary for
accessibility per the Americans with Disabilities Act of 1990. The County and its
agents may use motorized vehicles for construction, inspection, emergency calls,
maintenance, or reconstruction of the Hinchee Trail within the Greenway Easement.
4. Public parking along Virginia Deer Road on the Greenway Easement and public
vehicular access to Brushy Mountain Road on the Greenway Easement shall be
prohibited.
5. Stewart shall retain the right to use Virginia Deer Road and her portion of Brushy
Mountain Road and the land subject to the Greenway Easement acquired herein in
any legal manner which shall not prevent the use and enjoyment of the Hinchee Trail.
6. Stewart shall not erect any building, fence, sign, guardrail, or other structure over the
easement so as to render the Greenway Easement inaccessible, except that fences and
gates may be erected and/ or maintained with the mutual consent of Stewart and the
County.
4
7. There shall be no excavation, dredging, or dumping of ashes, garbage, tires, waste,
brush or other unsightly or offensive material within the Greenway Easement by
Stewart or the County, or by their agents or licensees.
8. Any construction by Stewart of roads or driveways within the Greenway Easement or
crossing the Hinchee Trail must be approved by the County and designed in
coordination with the County to facilitate a safe and convenient crossing of the road
or driveway by Hinchee Trail users.
9. Stewart shall have no maintenance responsibility for the Hinchee Trail within the
Greenway Easement.
10. The County may erect within the Greenway Easement markers, kiosks, vehicle
control barriers, signage, fences, gates, and other trail-related appurtenances as
deemed necessary for preservation of the Greenway Easement, use and management
of the Hinchee Trail, and safety of the Trail users, to the extent that such amenities do
not interfere with vehicular access to Stewart’s property.
11. The County and its agents shall have the right to inspect the Greenway Easement and
to cut, clear, and remove undergrowth, obstructions, or improvements lying within or
upon the easement that endanger or interfere with the proper use of the same.
12. The County shall have the right and duty to ensure maintenance of the Hinchee Trail.
13. Stewart shall have the right to ensure maintenance of her portion of Virginia Deer
Road and of Brushy Mountain Road.
14. The County shall not deny Stewart access to the Hinchee Trail or Greenway
Easement.
15. The County agrees to defend, indemnify, and hold harmless Stewart from and against
any and all claims, demands, actions, damages, losses, and liabilities to the extent
permitted by the law and without waiving any claim of sovereign immunity.
However, Stewart shall not be held harmless from liability caused by the active
conduct or acts of Stewart, her agents, invitees, or contractors which violate the terms
and conditions of this Deed of Easement.
16. The covenants agreed to and the terms, conditions, and restrictions imposed herein
shall be binding upon Stewart and her agents, heirs, and assigns and shall continue as
a servitude running in perpetuity with the described land. Stewart agrees that the
5
terms, conditions, and restrictions of this Greenway Easement will be inserted by it in
any subsequent deed or other legal instrument by which it divests itself of either the
fee simple title to, or of her possessory interest in, the subject property.
17. Should the County or its assigns or successors-in-interest cease to develop, operate, or
maintain the Hinchee Trail, Stewart may request that the Greenway Easement be
vacated. The County or its assigns or successors-in-interest shall not unreasonably
withhold approval of such request.
18. The County agrees to provide snow removal services, as such may be required, on the
Greenway Easement on Virginia Deer Road and on Stewart’s driveway, during the
life of Garnette A. Stewart and Rebecca R. Tran.
IT IS FURTHER AGREED THAT, FOR AND IN CONSIDERATION of the sum of one
dollar ($ 1) and other good and valuable consideration, the receipt of which is hereby
acknowledged, the County hereby GRANTS and CONVEYS with General Warranty and
Modern English Covenants of Title unto Stewart, her successors and assigns, the following
described easement, in the County of Roanoke, Virginia, to wit:
A PERPETUAL INGRESS AND EGRESS EASEMENT, allowing Stewart the
right to access her property located at tax map no. 36.00-01-04.02-0000 by using
that portion of Virginia Deer Road that is owned by the County on tax map no.
036.00-01-02.00-0000, as shown on sheet 3 of 9 of Exhibit "A".
Said Ingress and Egress Easement shall be limited in scope, and shall allow Stewart to
access her property located at tax map nos. 36.00-01-04.02-0000, so long as this property is used
only for single-family residential purposes.
WITNESS the following signatures and seals:
6
GARNETTE A. STEWART
By: ______________________________________
Printed name:_Garnette A. Stewart,
also known of record as Garnette Ann Layne Ross
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of _________
2019, by ________________________________________________.
________________________________________
Notary Public Signature
My commission expires:____________________
(SEAL) Registration No.: _________________________
7
THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA
Daniel R. O'Donnell, County Administrator, executes this instrument on behalf of the Board of
Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. _____________________ adopted
by said Board of Supervisors on ___________________.
___________________________________________
Daniel R. O' Donnell, County Administrator
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of
______________, 2019, by Daniel R. O' Donnell, County Administrator, on behalf of the Board
of Supervisors of Roanoke County, Virginia.
________________________________________
Notary Public
My commission expires:____________________
Registration No.: _________________________
Approved as to Form:
____________________________
Roanoke County Attorney’s Office
Page 1 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 6, 2019
ORDINANCE APPROVING A GREENWAY EASEMENT TO THE BOARD
OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED
BY GARNETTE A. STEWART (ALSO KNOWN OF RECORD AS
GARNETTE ANN LAYNE ROSS) (TAX MAP NO. 036.00-01-04.02-0000)
FOR PURPOSE OF THE HINCHEE TRAIL
WHEREAS, the Hinchee Trail is an identified project in the 2018 update to the
Roanoke Valley Greenway Plan as a recreational connection between the Hanging Rock
Battlefield Trail and Carvins Cove Natural Reserve; and
WHEREAS, Garnette A. Stewart has agreed to provide a fifty foot (50’) wide
greenway easement for the Hinchee Trail over a portion of her property located at 1975
Virginia Deer Road, Tax Map No. 036.00-01-04.02-0000, in exchange for $7,400; and
WHEREAS, the approval of this easement is the final step in completing the grant
process for the Hinchee Trail project; and
WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the
Virginia Land Conservation Fund (VLCF) grant in the amount of $3,700; and
WHEREAS, the remaining $3,700 is available through the Roanoke County
matching funds in the grant project account; and
WHEREAS, Section 18.04 of the Roanoke County Charter requires that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading for this ordinance was held on November 6, 2019. The second reading of this
ordinance was held on November 19, 2019.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
Page 2 of 2
1. The conveyance of an easement to the Roanoke County Board of Supervisors
from Garnette A. Stewart in exchange for $7,400 across property situated along
1975 Virginia Deer Road, in Roanoke County, Virginia (Catawba Magisterial
District), bearing Tax Map No. 036.00-01-04.02-0000 is hereby approved.
2. Per the agreement of the parties, Roanoke County will be responsible for the
maintenance of trail through the easement, and Roanoke County will further be
responsible for the snow removal on the greenway easement an d the
property’s driveway during the life of Ms. Stewart and her daughter Rebecca
R. Tran.
3. The County Administrator, or any Assistant County Administrator, is hereby
authorized, on behalf of the County, to execute and then deliver the Deed of
Easement and any other necessary documents in furtherance of same.
Page 1 of 3
ACTION NO.
ITEM NO. F.5
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 6, 2019
AGENDA ITEM: Ordinance approving a greenway easement to Roanoke
County on property owned by Tu Anh and Rebecca R. Tran
(Tax Map No. 036.00-01-04.01-0000 and 036.00-01-04.00-
0000) for the purpose of the Hinchee Trail
SUBMITTED BY: Doug Blount
Director of Parks Recreation and Tourism
APPROVED BY: Daniel R. O’Donnell
County Administrator
ISSUE:
Ordinance approving a greenway easement from Tu Anh and Rebecca R. Tran for the
Hinchee Trail located on Tax Map No. 036.00-01-04.01-0000 and
036.00-01-04.00-0000
BACKGROUND:
Hanging Rock Battlefield Trail is a rail-trail project that incorporates interpretive signs
describing the Civil War Battle at Hanging Rock and the use of the railroad for hauling
coal to Catawba. The Trail, Route #17 in the Greenway Plan, opened in 1999 as one of
the early greenway projects in the Roanoke Valley. The trail is a 1.7 mile -long cinder
surface, and hosts many runners and walkers each day. It runs parallel to Kessler Mill
Road, adjacent to the Roanoke County Public Service Center, under I -81 and adjacent
to numerous business and residences. The City of Salem has funding to extend the trail
south to the existing portions of Mason Creek Greenway (Route #23) near GE and
ultimately the trail will connect to the Roanoke River Greenway (Route #31). The
existing Hanging Rock Battlefield Trail will be the direct linkage to the proposed Hinchee
Trail, providing the greenway connection to this new trail from businesses, residential
and commercial areas.
Carvins Cove Natural Reserve is a 12,463-acre watershed property protecting Carvins
Cove Reservoir. The reservoir and lands immediately surrounding it, approximately
Page 2 of 3
1,100 acres, are owned and operated by the Western Virginia Water Authority; the
remaining lands above the 1,200-foot contour are owned and managed by the City of
Roanoke’s Parks and Recreation Department. Conservation easements were placed on
the City’s 11,363 acres in 2008 and 2009 and are held by Virginia Outdoors Foundation
and Blue Ridge Land Conservancy. These easements are on the lands above the
1,200-foot contour and protect the land for watershed, recreation, open space, natural
habitat, biological diversity and forest use. Carvins Cove is a destination outdoor
recreation area. The Hinchee Trail would provide a new connection to Carvins Cove
from the urban area, allowing access without an automobile.
The goal of this project is to connect the Roanoke Valley Greenway network to the
12,463-acre Carvins Cove Natural Reserve. This project is in Roanoke County, half a
mile from Exit 141 of I-81 and a mile from the City of Salem. The project would provide
the opportunity for users to bicycle, walk, or ride horses from the Hanging Rock
Battlefield Trail to Carvins Cove, thus connecting an urban area to a very rural, natural
preserve.
On December 19, 2017, the Roanoke County Board of Supervisors approved and
appropriated grants in the amount of $93,532 from Virginia Land Conservation Fund
and Preservation Trust Fund for this project.
On November 20, 2018, the Roanoke County Board of Supervisors approved the
purchase of 1.706 acres of land from the Margaret R. Hinchee Revocable Living Trust
and Lloyd M. Hinchee Revocable Living Trust for this project.
On May 14, 2019, The Roanoke County Board of Supervisors approved the donation of
252.857 acres of land from the Pathfinders for G reenways and Hinchee & Pace, LLC for
the creation of Hinchee Park.
DISCUSSION:
The Tran family has agreed to provide a greenway easement for the Hinchee Trail. The
greenway easement is fifty foot (50’) wide, i.e. twenty-five feet (25’) wide on each side
measured from the center line of Brushy Mountain Road (private) to operate, inspect,
use, monitor, maintain, repair or replace as a public trail for purposes of ingress and
egress from Timberview Road to the property of Grantee and Carvins Cove Natural
Reserve.
The greenway easement on the property will be upon, over, through and across that
portion of the property shown as Tax Map No. 036.00 -01-04.01-0000 and 036.00-01-
04.00-0000. Roanoke County is responsible for the maintenance of the greenway
easement. The approval of this easement is the final step in completing the grant
process for the Hinchee Trail project.
Page 3 of 3
FISCAL IMPACT:
The purchase price for the greenway easement is $1,900. The purchase price was
determined by taking the assessed value per acre of the property and multiplying that
value by the acreage in the surveyed area of the easement documented on the plat.
The easement is part of the Virginia Land Conservation Fund (VLCF) grant that was
approved by the Roanoke County Board of Supervisors on December 19, 2017. The
easement cost will be reimbursed fifty percent (50%) by the VLCF grant at $950. The
remaining $950 is available through Roanoke County's matching funds in the grant
project account.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of the ordinance and setting second
reading for November 19, 2019.
1
Prepared by:
Peter Lubeck, Roanoke County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
This Deed is Exempt from Recordation Taxes pursuant to
Va. Code §§ 58.1-811(A (3) and 58.1-811(C)(4)
Official Tax Map Nos.: 036.00-01-04.01-0000 and 036.00-01-04.00-0000
Property Owners: Tu Anh Tran and Rebecca R. Tran
AND
Official Tax Map No. 036.00-01-02.00-0000
Property Owner: The Board of Supervisors of Roanoke County
THIS DEED OF EASEMENT is made as of this _____ day of _______________2019,
between TU ANH TRAN and REBECCA R. TRAN (hereinafter referred to as the “Trans”),
and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA (hereinafter
referred to as the “County”),
WITNESSETH:
WHEREAS, the County is the owner of approximately 235 acres of land on Brushy
Mountain, which was acquired for recreational purposes for the Hinchee Trail and Park, and
having tax map numbers 025.00-01-09.00-0000, 025.00-01-10.00-0000, 025.00-01-44.00-0000,
025.00-01-45.00-0000, 025.00-01-47.00-0000, 025.00-01-49.00-0000, 036.00-01-02.00-0000,
and 036.00-01-05.00-0000; and
WHEREAS, the County, as owner of 235 acres on Brushy Mountain, has certain rights of
entry, conveyed with title to the aforesaid property, via Virginia Deer Road and Brushy
Mountain Road; and
WHEREAS, the County wishes to use Brushy Mountain Road and Virginia Deer Road as
a greenway trail for recreational use and will maintain a gate at the current location where
Virginia Deer Road ends at Brushy Mountain Road; and
WHEREAS, the Hinchee Trail is identified in the 2018 update to the Roanoke Valley
Greenway Plan, endorsed by the Cities of Roanoke and Salem, Counties of Botetourt and
Roanoke, and Town of Vinton, as a recreational connection between the Hanging Rock
Battlefield Trail and Carvins Cove Natural Reserve; and
2
WHEREAS, the Trans are the owners of the real property and improvements on and
adjoining Virginia Deer Road and having tax map numbers 36.00-01-04.01-0000 and 036.00-01-
04.00-0000; the Trans own the half of Virginia Deer Road that borders their property, as shown
on the below described Plat; and
WHEREAS, the County has requested, and the Trans have agreed to, the conveyance of a
perpetual greenway easement on and along Virginia Deer Road for public use as a recreational
trail over that portion of Trans' property as set forth herein; and
WHEREAS, the Parties acknowledge that the Trans have been accessing their above-
referenced property by using that portion of Virginia Deer Road, located on tax map no. 036.00-
01-02.00-0000, which is owned by the County. Accordingly, the Trans have likewise requested,
and the County has agreed to, the conveyance of a perpetual easement for ingress and egress
over that portion of Virginia Deer Road that is located on the County’s property at tax map no.
036.00-01-02.00-0000 as set forth herein.
NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of one thousand and
nine hundred dollars ($ 1,900) and other good and valuable consideration, the receipt of which is
hereby acknowledged, the Trans hereby GRANT and CONVEY with General Warranty and
Modern English Covenants of Title unto the County, its successors and assigns, the following
described easement, in the County of Roanoke, Virginia, to wit:
A PERPETUAL GREENWAY EASEMENT, herein referred to as the “Greenway
Easement,” being 25-feet wide, to operate, inspect, use, monitor, maintain, repair
or replace a PUBLIC ACCESS TRAIL, hereinafter referred to as “Hinchee Trail,”
for purposes of ingress and egress from Timberview Road to the property of the
County and to Carvins Cove Natural Reserve. The Greenway Easement on the
property of the Trans will be upon, over, through, and across that portion of the
property of the Trans as shown on sheet 3 of 9 of the plat entitled “Easement Plats
for Roanoke County, Virginia, Showing Access Easements Along Hinchee Trail,
Situate Virginia Deer Road, Catawba Magisterial District, County of Roanoke,
Virginia” prepared and sealed by Frank B. Caldwell, III, dated August 30, 2019,
(the “Plat”), which Plat is attached hereto and incorporated herein as Exhibit "A".
Said Greenway Easement shall be subject to the terms and conditions stated below.
1. The Trans hereby grant to the County and the general public free access to and
recreational use of the Hinchee Trail within the Greenway Easement subject to the
laws and ordinances of Roanoke County, for the purposes including but not limited
to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. There
3
shall be no access by the County or the public at-large granted by this Greenway
Easement to any property of the Trans other than the Greenway Easement and
Hinchee Trail described and conveyed herein on Exhibit A. The general public shall
have no right to construct or improve any portion of the Greenway Easement and
Hinchee Trail.
2. The Greenway Easement herein conveyed shall be appurtenant to the Trans’ lands
over which it runs and shall convey to the County and its successors and assigns the
perpetual right for public use of the Greenway Easement for the purposes set forth
herein, including to install and maintain improvements, and the right to go on, over
and upon the said Greenway Easement for the purposes of installing, maintaining,
repairing and replacing the improvements necessary for the Hinchee Trail.
3. Public access to the Hinchee Trail with any type of motor vehicle, including but not
limited to motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and
snowmobiles, shall be prohibited, except to the extent that vehicles are necessary for
accessibility per the Americans with Disabilities Act of 1990. The County and its
agents may use motorized vehicles for construction, inspection, emergency calls,
maintenance, or reconstruction of the Hinchee Trail within the Greenway Easement.
4. Public parking along Virginia Deer Road on the Greenway Easement shall be
prohibited.
5. The Trans shall retain the right to use Virginia Deer Road and the land subject to the
Greenway Easement acquired herein in any legal manner which shall not prevent the
use and enjoyment of the Hinchee Trail.
6. The Trans shall not erect any building, fence, sign, guardrail, or other structure over
the easement so as to render the Greenway Easement inaccessible, except that fences
and gates may be erected and/ or maintained with the mutual consent of the Trans and
the County.
7. There shall be no excavation, dredging, or dumping of ashes, garbage, tires, waste,
brush or other unsightly or offensive material within the Greenway Easement by the
Trans or the County, or by their agents or licensees.
8. Any construction by the Trans of roads or driveways within the Greenway Easement
or crossing the Hinchee Trail must be approved by the County and designed in
4
coordination with the County to facilitate a safe and convenient crossing of the road
or driveway by Hinchee Trail users.
9. The Trans shall have no maintenance responsibility for the Hinchee Trail within the
Greenway Easement.
10. The County may erect within the Greenway Easement markers, kiosks, vehicle
control barriers, signage, fences, gates, and other trail-related appurtenances as
deemed necessary for preservation of the Greenway Easement, use and management
of the Hinchee Trail, and safety of the Trail users, to the extent that such amenities do
not interfere with vehicular access to the Trans’ property.
11. The County and its agents shall have the right to inspect the Greenway Easement and
to cut, clear, and remove undergrowth, obstructions, or improvements lying within or
upon the easement that endanger or interfere with the proper use of the same.
12. The County shall have the right and duty to ensure maintenance of the Hinchee Trail.
13. The County shall not deny the Trans access to the Hinchee Trail or Greenway
Easement.
14. The County agrees to defend, indemnify, and hold harmless the Trans from and
against any and all claims, demands, actions, damages, losses, and liabilities to the
extent permitted by the law and without waiving any claim of sovereign immunity.
However, the Trans shall not be held harmless from liability caused by the active
conduct or acts of the Trans, their agents, invitees, or contractors which violate the
terms and conditions of this Deed of Easement.
15. The covenants agreed to and the terms, conditions, and restrictions imposed herein
shall be binding upon the Trans and their agents, heirs, and assigns and shall continue
as a servitude running in perpetuity with the described land. The Trans agree that the
terms, conditions, and restrictions of this Greenway Easement will be inserted by
them in any subsequent deed or other legal instrument by which they divest
themselves of either the fee simple title to, or of their possessory interest in, the
subject property.
16. Should the County or its assigns or successors-in-interest cease to develop, operate, or
maintain the Hinchee Trail, the Trans may request that the Greenway Easement be
5
vacated. The County or its assigns or successors-in-interest shall not unreasonably
withhold approval of such request.
17. The County agrees to provide snow removal services, as such may be required, on the
Greenway Easement, during the life of Rebecca Tran.
IT IS FURTHER AGREED THAT, FOR AND IN CONSIDERATION of the sum of one
dollar ($ 1) and other good and valuable consideration, the receipt of which is hereby
acknowledged, the County hereby GRANTS and CONVEYS with General Warranty and
Modern English Covenants of Title unto the Trans, their successors and assigns, the following
described easement, in the County of Roanoke, Virginia, to wit:
A PERPETUAL INGRESS AND EGRESS EASEMENT, allowing the Trans the
right to access their properties located at tax map nos. 36.00-01-04.01-0000 and
036.00-01-04.00-0000 by using that portion of Virginia Deer Road that is owned
by the County on tax map no. 036.00-01-02.00-0000, as shown on sheet 3 of 9 of
the plat entitled “Easement Plats for Roanoke County, Virginia, Showing Access
Easements Along Hinchee Trail, Situate Virginia Deer Road, Catawba
Magisterial District, County of Roanoke, Virginia” prepared and sealed by Frank
B. Caldwell, III, dated August 30, 2019, (the “Plat”), which Plat is attached hereto
and incorporated herein as Exhibit "A".
Said Ingress and Egress Easement shall be limited in scope, and shall allow the Trans to
access to their properties located at tax map nos. 36.00-01-04.01-0000 and 036.00-01-04.00-
0000, so long as these properties are used only for single-family residential purposes.
WITNESS the following signatures and seals:
6
TU ANH TRAN
By: ______________________________________
Printed name: Tu Anh Tran, by Rebecca R. Tran,
his attorney in fact
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of _________
2019, by ________________________________________________.
________________________________________
Notary Public Signature
My commission expires:____________________
(SEAL) Registration No.: _________________________
7
REBECCA R. TRAN
By: ______________________________________
Printed name:______________________________
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of _________
2019, by ________________________________________________.
________________________________________
Notary Public Signature
My commission expires:____________________
(SEAL) Registration No.: _________________________
8
THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA
Daniel R. O'Donnell, County Administrator, executes this instrument on behalf of the Board of
Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. _____________________ adopted
by said Board of Supervisors on ___________________.
___________________________________________
Daniel R. O' Donnell, County Administrator
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of
______________, 2019, by Daniel R. O' Donnell, County Administrator, on behalf of the Board
of Supervisors of Roanoke County, Virginia.
________________________________________
Notary Public
My commission expires:____________________
Registration No.: _________________________
Approved as to Form:
____________________________
Roanoke County Attorney’s Office
Page 1 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 6, 2019
ORDINANCE APPROVING A GREENWAY EASEMENT TO THE BOARD
OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED
BY TU ANH AND REBECCA R. TRAN (TAX MAP NOS. 036.00-01-04.01-
0000 AND 036.00-01-04.00-0000) FOR PURPOSE OF THE HINCHEE
TRAIL
WHEREAS, the Hinchee Trail is an identified project in the 2018 update to the
Roanoke Valley Greenway Plan as a recreational connection between the Hanging Rock
Battlefield Trail and Carvins Cove Natural Reserve; and
WHEREAS, the Tran family has agreed to provide a fifty foot (50’) wide greenway
easement for the Hinchee Trail over a portion of their property located at 0 Virginia Deer
Road, Tax Map Nos. 036.00-01-04.01-0000 and 036.00-01-04.00-0000, in exchange for
$1,900; and
WHEREAS, the approval of this easement is the final step in completing th e grant
process for the Hinchee Trail project; and
WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the
Virginia Land Conservation Fund (VLCF) grant in the amount of $950; and
WHEREAS, the remaining $950 is available through the Roanoke County
matching funds in the grant project account; and
WHEREAS, Section 18.04 of the Roanoke County Charter requires that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading for this ordinance was held on November 6, 2019. The second reading of this
ordinance was held on November 19, 2019.
Page 2 of 2
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The conveyance of an easement to the Roanoke County Board of Supervisors
from Tu Anh and Rebecca R. Tran in exchange for $1,900 across property
situated along 0 Virginia Deer Road, in Roanoke County, Virginia (Catawba
Magisterial District), bearing Tax Map Nos. 036.00-01-04.01-0000 and 036.00-
01-04.00-0000 is hereby approved.
2. Per the agreement of the parties, Roanoke County will be responsible for the
maintenance of the greenway easement.
3. The County Administrator, or any Assistant County Administrator, is hereby
authorized, on behalf of the County, to execute and then deliver the Deed of
Easement and any other necessary documents in furtherance of same.
Page 1 of 2
ACTION NO.
ITEM NO. G.1
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 6, 2019
AGENDA ITEM: Appointments to Committees, Commissions and Boa rds
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY: Daniel R. O’Donnell
County Administrator
ISSUE:
Open district appointments.
BACKGROUND:
1. Board of Zoning Appeals (appointed by District)
Barry Beckner’s five (5) year appointment representing the Cave Spring Magisterial
District expired on June 30, 2019
2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District)
The following District appointments remain open:
Cave Spring Magisterial District
Vinton Magisterial District
Budget and Fiscal Affairs Committee (BFAC) (At-Large)
Two open appointments
3. Economic Development Authority (EDA) (appointed by District)
Leon McGhee, representing the Vinton Magisterial District, has resigned from the
EDA effective February 1, 2019. This appointment has a four-year term and will
Page 2 of 2
not expire until September 26, 2021.
4. Library Board (appointed by District)
The following District appointment remains open:
Vinton Magisterial District
5. Parks, Recreation and Tourism (appointed by District)
Mike Roop’s three (3) year term representing the Vinton Magisterial District has
expired effective June 30, 2019.
Fred W. Corbett’s three (3)-year term representing the Cave Spring Magisteria l
District has expired effective June 30, 2019.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
Unappropriated % of Board
Balance Revenues Contingency Reserves
Unaudited balance as of June 30, 2019 22,880,500$ -$ 1,621,518$
Approved Sources:
Appropriated from 2019-20 budget (Ordinance 052819-4)718,298 50,000
Approved Uses:
Appropriated for 2019-20 budget (Ordinance 052819-5)(815,480)
Balance at November 6, 2019 23,598,798$ 12.0%50,000$ 806,038$
General Government
County of Roanoke
Unappropriated Balance, Board Contingency, and Capital Reserves
Fiscal Year 2019-2020
Capital
Changes in outstanding debt for the fiscal year to date were as follows:
Unaudited
Outstanding Outstanding
June 30, 2019 Additions Deletions November 06, 2019
General Obligation Bonds 1,866,987$ -$ -$ 1,866,987$
VPSA School Bonds 91,947,188 - 8,885,422 83,061,766
Lease Revenue Bonds 75,035,000 - 3,060,000 71,975,000
Subtotal 168,849,175 - 11,945,422 156,903,753
Premiums 11,356,389 - - 11,356,389
180,205,564$ -$ 11,945,422$ - 168,260,142$
Submitted By Laurie L. Gearheart
Director of Finance and Management Services
Approved By Daniel R. O'Donnell
County Administrator
COUNTY OF ROANOKE, VIRGINIA
CHANGES IN OUTSTANDING DEBT
Page 1 of 2
ACTION NO.
ITEM NO. K.1
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 6, 2019
AGENDA ITEM: Work session to review with the Board of Supervisors the
Roanoke County Comprehensive Financial Policy
SUBMITTED BY: Meredith Thompson
Budget Division Director
APPROVED BY: Daniel R. O’Donnell
County Administrator
ISSUE:
Review the Comprehensive Financial Policies with the Board of Supervisors and
recommend amendments where necessary.
BACKGROUND:
Per Section 13-4 of the County of Roanoke's Comprehensive Financial Policy, County
staff will provide an annual review of the Comprehensive Financial Policy and make
recommendations for modifications. This presentation provides a review of potential
amendments and new policy considerations.
DISCUSSION:
The presentation will provide information on a review of the Comprehensive Financial
Policy and recommendations for amendments or additions to t he policy. This
presentation provides a review of potential amendments to capital projects policies, fund
balance policies, and new policy considerations for a General Fund Expenditure
Contingency.
Per Section 13-3 of the County of Roanoke's Comprehensive Financial Policy,
amendments to the policy are to be made by resolution of the Board of Supervisors.
Page 2 of 2
FISCAL IMPACT:
There is no fiscal impact associated with the receipt of the presentation.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors receive information regarding the
review of the Comprehensive Financial Policy.
Comprehensive Financial
Policies Review
Board of Supervisors Work Session
November 6, 2019
Work Session Agenda
•Background
•Potential Amendments to Policy
•Canceled Capital Projects
•Fund Balance Policies
•New Policy Considerations
•General Government Fund Expenditure Contingency
•Next Steps
2 Comprehensive Financial
Policies Review
Comprehensive Financial Policies
3 Comprehensive Financial
Policies Review
•Section 13-4 of the Comprehensive Financial Policy states
that the policy will be reviewed annually and updated as
necessary for modification.
•Objective is for the Board of Supervisors to create the
framework for making sound financial decisions.
•Financial management policies that are adopted, adhered to,
and regularly reviewed are recognized as the cornerstone of
sound financial management.
Canceled Capital
Projects Policy
Policy for Canceled Capital Projects
5
•Current Policy: Section 5.2 “The annual Capital Budget Ordinance shall
set forth specific provisions regarding funds remaining at project
completion and the ability of the County Administrator to transfer funds
to facilitate the completion of an existing project.”
•Proposed Revision: “The annual Capital Budget Ordinance shall set forth
specific provisions regarding funds remaining at project completion or
cancellation and the ability of the County Administrator to transfer funds
to facilitate the completion of an existing project.”
Comprehensive Financial
Policies Review
Fund Balance Policies
Fund Balance PoliciesChildren’s Services Act (CSA)
7
Fund FY 2019
Beginning Balance
FY 2019
Revenues
FY 2019
Expenditures
FY 2019
Surplus/(Deficit)
Undesignated
Fund Balance
(June 30, 2019)
Fund Balance
Committed in
FY 2020
Children’s Services
Act (CSA)$1,139,786 $6,946,759 $7,170,706 ($223,947)$915,839 ---
Children’s Services Act
Fund Year End Balance
FY 2015 $4,199,311
FY 2016 $2,714,825
FY 2017 $1,150,440
FY 2018 $1,139,786
FY 2019 $915,839
Fiscal Year
Alternative
Day School Total CSA Costs
% of Alt. Day
to Total
FY 2015 $2.531 M $6.084 M 41.6%
FY 2016 $3.163 M $6.809 M 46.5%
FY 2017 $3.702 M $7.244 M 51.1%
FY 2018 $4.012 M $6.996 M 57.4%
FY 2019 $3.993 M $7.170 M 55.7%
Comprehensive Financial
Policies Review
8 Comprehensive Financial
Policies Review
Fund Balance PoliciesChildren’s Services Act (CSA)
FY 2019 Year –End
Fund Balance
FY 2020
Adopted Budget
Fund Balance
Policy
Fund Balance
Policy
Surplus/
(Deficit)
Current Policy $915,839 $7,750,007 20.0%$1,550,001 ($634,162)
Proposed Policy $915,839 $7,750,007 15.0%$1,162,501 ($246,662)
•Current Policy Section 10.2 Reserves Item 1, Fund C111, Children’s Services Act (CSA):
“20% of budgeted annual expenditures.”
•Proposed Revision: “20%15% of budgeted annual expenditures.”
•With analysis of CSA revenue and expenditures in recent years, expenditures have
stabilized and the larger fund balance policy is no longer necessary.
9 Comprehensive Financial
Policies Review
Fund Balance Policies
Communications & Information Technology (CommIT)
FY 2019 Year –End
Fund Balance
FY 2020
Adopted Budget
Fund Balance
Policy
Fund Balance
Policy
Surplus/
(Deficit)
Current Policy $83,159 $6,317,770 No Policy No Policy No Policy
Proposed Policy $83,159 $6,317,770 5%$315,889 ($232,730)
•No current policy for Fund C141 Communications & Information Technology (CommIT)
•Proposed Revision: “5%of budgeted annual expenditures.”
10 Comprehensive Financial
Policies Review
Fund Balance Policies
Emergency Communications (ECC)
FY 2019 Year –End
Fund Balance
FY 2020
Adopted Budget
Fund Balance
Policy
Fund Balance
Policy
Surplus/
(Deficit)
Current Policy $62,066 $3,349,411 7.5%$251,206 ($189,140)
Proposed Policy $62,066 $3,349,411 5%$167,471 ($105,405)
•Current Policy Section 10.2 Reserves Item 5, Fund C144, Emergency Communications (ECC):
“7.5% of budgeted annual expenditures.”
•Proposed Revision: “7.5%5% of budgeted annual expenditures.”
•Fund has historically been largely supported by the General Fund as there continues to be less reliance
on revenue from other entities. This change will match the proposed CommIT fund balance policy.
•$129,000 added to ECC fund balance in FY 2020 budget.
General Government Fund
Expenditure Contingency
General Government Fund Expenditure Contingency
12 Comprehensive Financial
Policies Review
•Roanoke County currently has no contingency outside of the Board of Supervisors
contingency of $50,000.
•Roanoke County and departments have managed budgets well in recent years,
however the County has experienced large expenditure pressures.
•Housing of Prisoners at the Regional Jail
•Juvenile Detention
•Roanoke Valley Resource Authority
•CORTRAN
•Tax Relief for Elderly, Handicapped, and Disabled Veterans
General Government Fund Expenditure Contingency
13 Comprehensive Financial
Policies Review
Contingency and Policies for Surrounding Jurisdictions
Contingency Policy Adopted General Fund Budget Contingency Amount
City of Salem No Formal Policy $82,126,204 $3,120,301
City of Roanoke 0.5% of Adopted General Fund Budget $299,431,000 $1,500,000
City of Lynchburg
General Fund reserve for contingencies of
$1.2 million limited to one-time expenditures
and not to be a source of recurring financing.
$195,558,012 $1,200,000
Bedford County No Formal Policy; Target is $500,000 $106,061,225 $561,950
Montgomery
County 1.0% of Adopted General Fund Budget $130,664,455 $511,618
14 Comprehensive Financial
Policies Review
•Staff recommend amending Section 10 –Reserves of the Comprehensive
Financial Policy to include a General Government Fund Expenditure
Contingency:
•“Roanoke County will establish and maintain a General Government Fund
Expenditure Contingency to provide for unanticipated expenditures of a non -
recurring nature, or to meet unanticipated increased service delivery costs. The
target will be 0.25% of the General Government Fund Budget and will be budgeted
annually as part of the General Government Fund. Any use of this General
Government Fund Expenditure Contingency will be presented at a meeting of the
Board of Supervisors as part of the consent agenda.”
•Staff recommend committing $500,000 from FY 2019 Year-End savings to establish
this contingency.
General Government Fund Expenditure Contingency
Next Steps
16 Comprehensive Financial
Policies Review
•Section 13-3 of the Comprehensive Financial Policy states that amendments
to policy are to be made by resolution of the Board of Supervisors.
•Resolution at the November 19, 2019 Board of Supervisors meeting may
include the following amendments:
•Update Section 5.2 –Capital Year Budget
•Update Section 10.2 –Reserve Policies for CSA, CommIT Fund, and ECC Fund
•Create new item within Section 10 –Reserves to add General Government Fund
Expenditure Contingency
•Other minor edits to update fiscal years and reflect reorganization of the new
Finance and Management Services Department
Amending the Comprehensive Financial
Policy
Next Steps –Work Sessions and Briefings
17
Work Session or Briefing Topic Date
Fiscal Year 2018-2019 Audit Results Briefing
and Allocation of Year-End Funds December 3, 2019
2020 Reassessment Briefing December 3, 2019
Joint Work Session with Roanoke County Public Schools December 3, 2019
FY 2021 –FY 2030 Capital Improvement Program Briefing January 28, 2020
FY 2020 Mid-Year Revenue and Expenditure Update Work Session January 28,2020
FY 2021 Revenue Outlook Work Session February 11, 2020
FY 2021 –FY 2030 Capital Improvement Program Work Session February 25,2020
County Administrator’s FY 2021 Operating Budget Briefing March 10, 2020
Comprehensive Financial
Policies Review
Questions &
Comments
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 1 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
Section 1 – Overview
1. Background
Fiscal integrity is a top priority for the County of Roanoke. The County’s financial policies
establish the framework for financial planning and management and provide guidelines
against which budgetary performance can be measured and proposals for future funding can
be evaluated. The policies further ensure that the County continues to be a model for
excellence in government by providing direction in the areas of revenues, operating
expenditures, Capital Improvement Program, reserves and debt management.
2. Purpose
The primary objective of financial management policies is for the Board of Supervisors to
create the framework for making sound financial decisions. The County Administrator is
responsible for the daily administration of the Board's policies and general County operations.
The County Administrator may designate other County officials to assist in the administration
of these policies. These financial management policies are a statement of the guidelines and
goals that influence and guide the financial management practices of the County of Roanoke.
Financial management policies that are adopted, adhered to, and regularly reviewed are
recognized as the cornerstone of sound financial management.
3. Objectives
A. To contribute significantly to the County’s ability to insulate itself from fiscal crises and
economic disruption in order to ensure continuous delivery of public services.
B. To provide sound principles to guide the important decisions of the Board and of
management which have significant fiscal impact.
C. To assist sound management of County government by providing accurate and timely
information on financial condition.
D. To promote long-term financial planning in regards to both day-to-day operations and
capital improvements.
E. To set forth operational principles which minimize the cost of government, to the extent
consistent with services desired by the public, and which minimize financial risk.
F. To ensure the legal use of all County funds through a good system of financial security and
internal controls.
G. To employ policies which prevent undue or unbalanced reliance on certain revenues, which
distribute the costs of county government services as fairly as possible, and which provide
adequate funds to operate desired programs.
H. To provide essential public facilities and prevent deterioration of the County’s public
facilities and its capital plan.
I. To enhance access to short-term and long-term markets by helping to achieve the highest
credit and bond ratings possible.
J. To protect and enhance the County’s credit rating and prevent default on any debts.
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 2 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
Section 2 – Financial Reporting
1. The County’s accounting and financial reporting will comply with:
A. Generally Accepted Accounting Principles of the United States of America (GAAP)
B. Government Accounting Standards (GAS), issued by the Comptroller General of the United
States
C. The Uniform Financial Reporting Manual, issued by the Auditor of Public Accounts of the
Commonwealth of Virginia
D. Specifications for Audits of Counties, Cities and Towns, issued by the Auditor of Public
Accounts of the Commonwealth of Virginia
E. Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations, Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards,
and the Compliance Supplement, issued by the U.S. Office of Management and Budget
F. The Government Finance Officers Association’s Certificate of Achievement for Excellence
in Financial Reporting and Distinguished Budget Presentation Award Programs
G. The Code of Virginia, and other legal and regulatory bodies’ requirements, as applicable
2. The County will establish and maintain an internal control structure designed to protect the
County from loss, theft and misuse. The structure will be designed to provide reasonable
assurance of that objective; the concept of reasonable assurance recognizes that:
A. The cost of a control should not exceed the benefits likely to be derived
B. The valuation of costs and benefits requires estimates and judgments made by
management
3. The County will also maintain a complete inventory of capital assets meeting its capitalization
thresholds, in accordance with Generally Accepted Accounting Principles of the United States
of America.
4. A comprehensive, annual financial audit, including an audit of federal grants, will be conducted
by an independent public accounting firm, and the results of that audit will be presented
publicly to the Board of Supervisors by December 31, following the end of the previous fiscal
year.
Section 3 – Annual Budget
1. Budget Ordinances
A. The County’s Annual Budget Ordinances will be balanced, adopted and administered in
accordance with the Local Government Budget and Fiscal Control Act (N. C. G. S 159-
8{a}). This Act states that a budget ordinance is balanced when the sum of estimated net
revenues and appropriated fund balances is equal to appropriations.
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 3 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
B. The General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Fund s,
Schools and Internal Service Funds shall have legally adopted budgets through the annual
budget ordinances.
C. County staff shall provide for approval by the Board five ordinances providing
appropriations for County and Schools operating, capital, and transfers. These ordinances
will include:
1. An ordinance appropriating funds for the County’s fiscal year operations budget.
2. An ordinance appropriating funds for the County’s fiscal year capital budget.
3. An ordinance appropriating funds for the County’s transfers to, and on behalf of, the
Schools.
4. An ordinance appropriating funds for the Schools’ fiscal year operations budget.
5. An ordinance appropriating funds for the Schools’ fiscal year capital budget.
D. The Board does not legally adopt budgets in instances where t he County acts as fiscal
agent for trust and agency funds.
2. Budgeting Process
A. County staff shall provide to the Board a calendar of significant dates and legal
requirements associated with the next fiscal year budget no later than October of each
year.
B. The County Administrator shall submit to the Board a balanced Capital Budget in January
and a balanced Operating Budget in March for the next fiscal year.
C. After a series of work sessions and public hearings on the budget, the Board of
Supervisors shall adopt the annual operating and capital budgets for both the County and
the Schools in May for appropriations effective July 1 of the next fiscal year.
3. Budgeting Philosophy
The budget will provide for current expenditures balanced with current revenues. It will
address the adequate maintenance and orderly replacement of capital assets, and the
adequate funding of all retirement systems and other post-employment benefits (OPEB).
Funding shall be identified for incremental operating costs associated with capital projects in
the operating budget after being identified and approved in the Capital Improvement Program.
4. Budget Monitoring
The County will maintain a budget control system and staff will monitor and evaluate
expenditures and revenues as compared to budget and/or prior year-to-date reports. The
County Administrator will propose recommendations to the Board for adjustments as needed.
Section 4 – Revenues and Expenditures
1. Revenues
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 4 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
A. The County will strive to maintain a diversified and stable revenue system to shelter the
organization from fluctuations in any single revenue source and ensure its ability to provide
ongoing service.
B. The County’s annual revenue streams consist of local, state, federal and other financing
sources. It is the County’s policy for one-time revenues to be used to fund capital projects
or other non-recurring expenditures. County staff will provide revenue estimates for the
next fiscal year by using historical data, current economic conditions, and future economic
projections.
C. Revenue estimates are monitored on a regular basis to identify any potential trends that
would significantly impact the revenue sources. In January of each year, County staff will
provide for information to the Board a mid-year update of current year revenues as relates
to the adopted budget. In September of each year, or soon thereafter as preliminary year -
end revenue estimates are available, County staff will provide for information to the Board
a year-end comparison of budgeted to actual revenues for the previ ous fiscal year.
2. Revenue Team
A. A Revenue Team composed of County staff and appropriate Constitutional Officers meets
to review current construction trends, the number of authorized building permits, housing
sales, mortgage rates, and other economic data which impact Real Estate Tax revenue
collections.
B. In addition, the Revenue Team uses statistical models to estimate revenue categories
including but not limited to: the Personal Property Tax; Local Sales Tax; Business,
Professional, and Occupational License Tax; Consumer Utility Tax; Hotel and Motel Tax;
Meals Tax; and Recordation Tax.
3. Fees and Charges
A. Roanoke County, where possible, institutes user fees and charges for providing
specialized programs and services. Established rates recover operational costs, indirect
costs, and capital or debt service costs. The County will regularly review user fee charges
and related expenditures to determine if it is meeting pre-established recovery goals.
B. As part of the budget development process, County staff shall produce an annual Fee
Compendium to be adopted by the Board of Supervisors at the same time as adoption of
the Annual Budget Ordinances. The Fee Compendium will list all fees and charges
imposed by the County for providing specialized programs and services. The Fee
Compendium will provide details on the type of fee, authority to levy the fee, current fees,
and proposed changes to the current fees.
4. Revenue Sharing Formula with Schools
The Revenue Sharing formula establishes a mechanism to share County revenue with the
Schools through the application of a formula. The formula accounts for the shifting dynamic
between the level of student enrollment and the overall population of the County to determine
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 5 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
a revenue sharing ratio that provides both organizations an equitable amount of resources
relative to need. The allocation formula includes the following calculations:
A. Calculate Three-Year Average:
Establish a three year rolling average index for the changes in county population and
student enrollment. Using a rolling average eliminates significant fluctuations from year to
year while recognizing that these trends affect the provision of services. The statistics used
for this index will be derived from publicly available sources as follows:
1. County population - Population numbers published in the statistical section of the
Roanoke County Comprehensive Annual Financial Report (County CAFR).
2. Student enrollment - Average Daily Membership (ADM) published in the statistical
section of the Roanoke County Schools Comprehensive Annual Financial Report
(School CAFR) and the Budget and Salary Scales (adopted budget).
B. Calculate Net Allocation Change:
1. Calculate a payroll factor using the percentage of school personnel budget to total
personnel budget for the County and the Schools for the current year.
2. The payroll factor should be applied to the change in the three year rolling average
index and then applied to the current year index to arrive at a net tax allocation change
for the new budget year.
C. Calculate Increase/(Decrease) in School Transfer:
1. Apply the net tax allocation change to the allocation percent calculated in the prior year
to arrive at the new percent of adopted budget net taxes. This percent is then applied to
the projected County revenues for total general property taxes and total other local
taxes as published in the Roanoke County Annual Financial Plan (General Fund
Summary of Revenue).
2. The amount budgeted to Visit Virginia’s Blue Ridge (previously committed by Board of
Supervisors action) will be subtracted from the General Property and Local Tax
projection.
3. New economic development incentives will be subtracted from the General Property
and Local Tax projection and added back when each incentive arrangement expires.
4. Increases in the amount budgeted for Comprehensive Services Act (CPMT) will be
subtracted from the General Property and Local Tax projection (since this provides
benefits to and satisfies obligations of both the school and general population).
5. The increase or decrease in the school transfer is then added to or deducted from the
transfer to schools for the previous year to arrive at the total transfer to schools for the
next budget.
D. The Schools Revenue Sharing formula calculation shall be included in the County’s annual
financial plan.
E. Other:
1. During each annual budget preparation cycle, County staff and School staff shall work
collaboratively to determine the increase or decrease in the operating allocation to the
schools from the County.
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 6 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
2. The allocation of revenues are subject to annual appropriations by the Board of
Supervisors.
5. Expenditures
The County’s expenditure budget is divided into functional areas (departments), transfers,
non-departmental, and capital fund expenditures. In coordination with departments, Budget
staff will monitor expenditures throughout the fiscal year to ensure compliance with legal
requirements and accounting standards.
Expenditure estimates are monitored on a regular basis to identify any potential trends that
would significantly impact the approved budgeted exp enditure levels. In January of each year,
County staff will provide for information to the Board a mid-year update of current year
expenditures as relates to the adopted budget. In September of each year, or soon thereafter
as preliminary year-end expenditure estimates are available, County staff will provide for
information to the Board a year-end comparison of budgeted to actual expenditures for the
previous fiscal year.
6. Board of Supervisors Contingency Expenditure Budget
The Board of Supervisors generally appropriates a Contingency budget to provide for
unanticipated expenditures that arise during the year. This budget is recommended to be
established at a minimum of $50,000, though the Board has the discretion to alter that amount
through the budget appropriation process. The use of these funds require approval of the
Board of Supervisors.
7. Expenditure Budget Transfers
Language is included in the annual Operating and Capital Budget Ordinances providing the
County Administrator, or his/her designee, the authority to transfer funds within and between
appropriation functions. Amendments impacting the level of budget authority established by
fund through the Annual Operating and Capital Budget Ordinances must be approved by the
Board as a supplemental budget appropriation. Language governing expenditure budget
transfers will be reviewed by staff and approved by the Board on an annual basis.
8. Revenue and Expenditure Forecasting
A forecast of General Fund expenditures and revenues is developed as part of each year’s
budget process and is periodically updated. Individual and aggregate revenue categories, as
well as expenditures, are projected by revenue and/or expenditure type. Historical growth
rates, economic assumptions and County expenditure priorities are all used in developing the
forecast. This tool is used as a planning document for developing the budget guidelines and
for evaluating the future impact of current year decisions. Forecasts of revenues and
expenditures are also developed for the County’s Capital Improvement Program. Information
regarding those forecasts can be found in the section entitled “Capital Improvement Planning”.
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 7 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
9. Fiscal Impact Review
It is County policy that all items having potential fiscal impact be presented to the Board of
Supervisors for review. This review can be part of the annual operating or capital budgets, or
as part of the “Fiscal Impact” section of a Board Report Form, which accompanies all Board
agenda items. Effective management dictates that the Board of Supervisors an d County
citizens be presented with the direct and indirect costs of all items as part of the decision
making process.
10. End of Year Designations
All General Government unexpended appropriations and all General Government revenues
collected in excess of appropriated revenues at the end of the fiscal year will not lapse but
shall be re-appropriated and recommendations for use will be presented to the Board of
Supervisors for approval during the final year-end report.
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 8 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
Section 5 – Capital Improvement Planning
1. Ten-Year Capital Improvement Program (CIP)
The County Administrator annually will submit to the Board for its consideration a ten -year
Capital Improvement Program (CIP) pursuant to the timeline established in the annual budget
preparation schedule. For inclusion in the Capital Improvement Program, a project or
collection of projects generally must have an estimated useful life that exceeds five years with
a total project cost of at least $100,000. The Capital Improvement Program shall include the
following elements:
A. A statement of the objectives of the Capital Improvement Program and its relationship to
the County’s Strategic Plans, as applicable;
B. An estimate of the cost and anticipated sources of funds for each project included in the
Capital Improvement Program. Each year of the ten-year program must be balanced in
that all capital expenditures included in the plan must have an identified funding source.
C. A summary of capital projects considered, but not included in the balanced ten -year
program.
D. An estimate of the fiscal impact of the project, including additional operating costs or
revenues impacting the County’s Operating Budget associated with the project.
E. Adherence to all policies related to debt and debt service as described in the section
entitled “Debt Management”.
2. Capital Year Budget
The first year of the Capital Improvement Program, also known as the Capital Year Budget,
will be appropriated by the Board as part of the adoption of the annual Capital Budget
Ordinance. The annual Capital Budget Ordinance shall set forth specific provisions regarding
funds remaining at project completion or cancellation and the ability of the County
Administrator to transfer funds to facilitate the completion of an existing project.
3. Facilities Assessment
The County and Schools shall obtain an independent, professional, and comprehensive
facilities assessment to ascertain the present condition of each facility, and to assist the
County and the Schools in forecasting capital funding requirements to address deficiencie s.
The assessment shall also be used to establish priorities for the maintenance, repair,
enhancement, or replacement of facilities and their component systems, and to be used in the
development of the Capital Maintenance Program and Capital Improvement Pr ogram. Further,
the analysis as presented in the assessment shall be useful when identifying and justifying
needs to support a future bond issue. This evaluation shall be reviewed internally by staff on
an annual basis and updated by an independent professional every 7-10 years after the initial
evaluation.
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 9 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
.
4. Capital Project Status Reports
On a bi-annual basis, County staff shall provide the Board with a summary status of all active
capital projects. The summary shall include status of the project, financial information, and
other relevant information as determined by staff.
Section 6 – “Pay-as-you-go” Financing
1. A number of options are available for financing the Capital Improvement Program, including
bond proceeds and other non-County funding sources (e.g. grants and private capital
contributions). The County generally looks to maximize the use of current revenue, or “pay -as-
you-go” financing. Financing capital projects from current revenues indicates the County’s
intent to show purposeful restraint in incurring long-term debt.
2. The decision for using current revenues to fund a capital project is based on the merits of the
particular project in relation to an agreed upon set of criteria, including balancing capital needs
versus operating needs. In determining the merits of “pay-as-you-go” financing, non-recurring
revenues should not be used for recurring expenditures.
Section 7 – Debt Management
1. Legal Requirements
The County shall comply with all requirements of the Code of Virginia and other l egal and
regulatory bodies’ requirements regarding the issuance of bonds and other financing sources
for the County or its debt issuing authorities. The County shall comply with the U.S. Internal
Revenue Service arbitrage rebate requirements for bonded indebtedness. In addition, the
County will institute a control structure to monitor and ensure compliance with bond
covenants.
2. Purposes for Debt Issuance
The County may issue debt for the purpose of acquiring or constructing Capital Projects,
including buildings, machinery, equipment, furniture and fixtures. This includes debt issued on
behalf of the Schools for the same purposes. When feasible, debt issuances will be pooled
together to minimize issuance costs. The Capital Improvements Program will identify a ll debt-
related projects and the debt service impact upon operations identified.
3. Guidelines for Issuing Debt
The County recognizes that the essential components of a debt policy are the limitations and
guidelines set by the locality. The following guidelines reflect the County’s philosophy
concerning indebtedness:
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 10 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
A. Debt issuances are limited to $10 million annually with one year designated for County
capital projects and two years designated for School Capital projects included in the
adopted Capital Improvement Program (CIP). Bond funding shall be allocated to the County
in FY 2020, FY 2023, FY 2026, and FY 2029; to the Schools, FY 2021, FY 2022, FY 2024,
FY 2025, FY 2027, and FY 2028 and FY2030. Effective with capital projects appropriated
on or after July 1, 2018 (FY 2019), bond funding may be “banked” for purposes of
accumulating bonding capacity where project costs exceed the $10 million limit.
B. The County will not use short-term borrowing to finance operating needs, except in
instances as described under “Revenue Anticipation Notes”.
C. Long-term debt will be used in compliance with all aspects of the debt policy.
D. The maturity of any debt will not exceed the expected useful life of the project for which the
debt is issued. No bonds greater than twenty (20) years will be issued.
E. Each project proposed for financing through debt issuance will have a multi -year analysis
performed for review of the debt service impact on the County’s General Government
Operating Budget and an analysis on the County’s approved Debt Ratios as indicated in
the section entitled “Debt Limits”.
F. At a minimum, all issuances of Debt require approval and appropriation of the proceeds by
the Board of Supervisors with additional approvals, if applicable, indicated in the section
entitled “Types of Debt/Structural Features”.
4. Funding Sources for the Debt Payment Reserve Fund
A. Annual contributions to the Debt Payment Reserve Fund shall total $8.2 million from the
following sources: $4.2 million from County sources, $2.2 million from School sources, and
$1.8 million from expired Economic Development incentives. Additionally, changes in debt
service payments beneficial to the fund shall be retained by the Fund. Contributions will be
accounted for in the Debt Payment Reserve Fund.
B. The Debt Payment Reserve Fund will use a benchmark interest rate assumption of six
percent (6%). Contribution levels to support the capital financing plan will be reviewed
annually and changed upon mutual agreement of the Board of Supervisors and School
Board.
C. Funding in the amount of $1 million from the County and $1 million from the Schools will
continue for the Capital Maintenance Programs and be included in the Capital
Improvement Program.
Section 8 – Debt Limits
1. The County does not have any Constitutional or Statutory Debt Limits. The County does
abide by the following self-imposed debt targets:
A. Net Outstanding and Projected Debt as a Percentage of Total Taxable Assessed
Value will not exceed three percent (3%) in the current fiscal year or subsequent fiscal
years as detailed in the County’s Capital Improvement Program.
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 11 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
B. General Obligation Current and Projected Debt Service as a Percentage of General
Government Expenditures will not exceed ten percent (10%) in the current fiscal year or
subsequent fiscal years as detailed in the County’s Capital Improvement Program. General
Government expenditures include the Governmental Fund expenditures, the School Board
component unit expenditures, and County and School transfer to capital projects and
Proprietary Funds as outlined in the County’s Comprehensive Annual Financial Report
(CAFR).
2. All debt ratio calculations shall include debt issued on behalf of the Schools. These ratios wil l
be calculated each year in conjunction with the budget process and the annual audit.
Section 9 – Types of Debt/Structural Features
1. Revenue Anticipation Notes
A. The County’s General Government Fund Balance was designed to provide adequate cash
flow to avoid the need for Revenue Anticipation Notes (RANs).
B. The County may issue RANs in an extreme emergency beyond the County’s control or
ability to forecast when the revenue source will be received subsequent to the timing of
funds needed.
C. The County will issue RANs for a period not to exceed the one year period permitted under
the Constitution of Virginia, Article VII section 10.
2. General Obligation Bonds
A. The Constitution of Virginia, Article VII section 10, and the Public Finance Act provide the
authority for a County to issue General Obligation (GO) Debt with no limit on the amount of
GO Debt that a County may issue. The County may issue GO Debt for capital projects or
other properly approved projects.
B. All debt secured by the general obligation of the County must be approved by the Board of
Supervisors and a public referendum, with the exception of Virginia Public School Authority
(VPSA) Bonds and State Literary Fund Loans, which do not need approval by referendum.
3. VPSA Bonds and State Literary Fund Loans
A. School capital projects may be constructed with debt, either through VPSA Bonds or State
Literary Fund Loans, and refunding bonds with preference given to accessibility and
interest rates.
B. Approval of the School Board is required prior to approval by the Board of Supervisors.
4. Lease/Revenue Bonds
A. The County may issue Lease/Revenue bonds to fund enterprise activities or for capital
projects that may generate a revenue stream, or issuance through the Virginia Resources
Authority.
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
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EFFECTIVE DATE
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2019November
19,2019
B. If applicable, the bonds will include written covenants, which will require that the revenue
sources are sufficient to fund the debt service requirements.
C. Cost of issuance, debt service reserve funds and capitalized interest may be included in
the capital project costs and thus are fully eligible for reimbursement from bond proceeds.
5. Capital Acquisition Notes and Leases
The County may issue short-term notes or capital leases to purchase buildings, machinery,
equipment, furniture and fixtures.
6. Moral Obligation Debt
A. The County may enter into leases, contracts, or other agreements with other public bodies,
which provide for the payment of debt when revenues of such agencies may prove
insufficient to cover debt service.
B. Payment of such moral obligation debt service will be done when th e best interest of the
County is clearly demonstrated.
C. While such moral obligation support does not affect the debt limit of the County, the
amount of bonds issued with the County’s moral obligation should be controlled in order to
limit potential demands on the County. There is no legal obligation, but the County is
placing its good name and reputation on the line and there is every expectation that the
County would make good any deficiencies when a default exists.
7. Credit Objectives
The County of Roanoke will strive to maintain or improve its current bond ratings. The County
will also maintain relationships with the rating agencies that assign ratings to the County’s
various debt obligations. The rating agencies will be kept abreast of the County’s finan cial
condition by providing them with the County’s Comprehensive Annual Financial Report
(CAFR) and the Operating and Capital Improvement Program Budget.
8. Authorized Methods of Sale
The County will select a method of sale that is the most appropriate in light of financial,
market, transaction-specific and issuer-related conditions. Debt obligations are generally
issued through competitive sale. If the County and its financial advisor determine that a
competitive sale would not result in the best outcome f or the County, then a negotiated sale,
private placement or other method may be chosen.
9. Selecting Outside Finance Professionals
The County of Roanoke will retain external finance professionals to be selected through a
competitive process. The finance professionals will include, but may not be limited to, the
financial advisor, bond counsel and the underwriter. The finance professionals will assist in
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 13 OF 18
EFFECTIVE DATE
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2019November
19,2019
developing a bond issuance strategy, preparing bond documents and marketing bonds to
investors. The length of the contracts will be determined by the County. The selection process
will require experience in the following: municipal debt, diverse financial structuring, and
pricing municipal securities.
10. Post-Issuance Compliance
A. The Director of Finance will oversee post-issuance compliance activities to ensure
compliance with federal guidelines and other legal regulatory requirements including:
1. Tracking proceeds of a debt issuance to ensure they are spent on qualified tax-exempt
debt purposes
2. Maintaining detailed records of all expenditures and investments related to debt funds
3. Ensuring that projects financed are used in a manner consistent with legal
requirements
4. Reporting of necessary disclosure information and other required fillings in a timely
manner
5. Monitoring compliance with applicable arbitrage rules and performing required rebate
calculations in a timely manner
B. The Director of Finance may consult with bond counsel, financial advisors or other
professionals as deemed appropriate to meet the post -issuance compliance requirements.
Section 10 – Reserves
1. General Government Fund
A. The County of Roanoke’s General Government Fund (Fund C100) Unassigned Fund
Balance will be maintained to provide the County with sufficient working capital and a
comfortable margin of safety to address emergencies and unexpected declines in
revenue.
B. The General Government Fund’s Unassigned Fund Balance should not be used to
support recurring operating expenditures outside of the current budget year. If a budget
variance requires the use of Unassigned Fund Balance, the County will decrease the
General Government Fund’s expenditures and/or increase the General Government
Fund’s revenues to prevent using the Unassigned Fund Balance for two consecutive
fiscal years to subsidize General Fund operations.
C. The General Government Fund’s Unassigned Fund Balance will be as follows:
Fund
Number Fund Name Policy
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 14 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
D. In the event that the General Government Fund’s Unassigned Fund Balance is used to
provide for temporary funding of unforeseen emergency needs, the County shall restore
the balance to the twelve percent (12%) minimum, as defined above, within two fiscal
years following the fiscal year in which the event occurred. This will provide for full
recovery of the targeted General Government Fund Unassigned Fund Balance in a timely
manner.
E. Funds in excess of the maximum annual requirements outlined above may be considered
to supplement “pay-as-you-go” capital expenditures or other nonrecurring expenditures
with Board approval.
2. General Government Fund Expenditure Contingency
A. The County of Roanoke’s General Government Fund (Fund C100) Expenditure
Contingency will be maintained to provide for unanticipated expenditures of a non-
recurring nature or to meet unanticipated increased service delivery costs.
B. The General Government Fund’s Expenditure Contingency Balance will be as
follows:
Fund
Number Fund Name Policy
C. Any use of the General Government Fund Expenditure Contingency will be
presented at a meeting of the Board of Supervisors as part of the consent agenda.
2. 3. Other General Funds
A. For the funds listed below, an annual Unassigned Fund Balance shall be maintained as
follows:
Item
Fund
Number Fund Name Policy
Children’s Services
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 15 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
2. C126 Criminal Justice
Academy
Ten percent (10%) of budgeted annual
expenditures
3. C130 Fleet Service Center
Seven and a half percent (7.5%) of budgeted
annual expenditures
4. C141
Communications and
Information
Technology
(CommIT)
Five percent (5%) of budgeted annual
expenditures
54. C142 Communications
Shop
Ten percent (10%) of budgeted annual
expenditures
65. C144
Emergency
Communications
Center (ECC)
Seven and a half Five percent (57.5%) of
budgeted annual expenditures
76. C150 Recreation Fee Class
Five percent (5%) of budgeted annual
expenditures
B. In the event that any of the Fund’s Unassigned Fund Balance is used to provide for
temporary funding of unforeseen emergency needs, the County shall restore the balance
to the minimum, as defined above, within two fiscal years following the fiscal year in which
the event occurred. This will provide for full recovery of the targeted Fund Unassigned
Fund Balance in a timely manner.
C. Funds in excess of the Unassigned Fund Balance policy outlined above may be
considered to supplement “pay-as-you-go” capital expenditures or other nonrecurring
expenditures with Board approval.
D. All other County Funds structured under the County’s General Fund may carry a reserve
balance but do not have a specific annual target. These County Funds are not permitted to
expend funds in excess of available revenues.
3. 4. Capital Reserve Funds
The County will maintain funds for the specific use of providing “pay-as-you-go” funding for
capital projects as detailed in the approved Capital Improvement Program. Contributions to
the Capital Reserve Fund will primarily be made with year-end expenditure savings and
revenue surplus balances. On annual basis, County staff shall present to the Board for
consideration the allocation of year-end balances to support the Capital Reserve Fund. There
are no minimum fund balance requirements associated with the Capital Reserve Fund.
4. 5. Internal Service Fund Reserves
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 16 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
The County has three funds classified as Inte rnal Services Funds; they include the Health
Insurance Fund, Dental Insurance Fund, and Risk Management Fund.
A. Health Insurance Fund (Fund C700)
1. So as long as the County continues the current policy of self -insuring health insurance
costs, a reserve for healthcare costs shall be maintained as follows:
Fund
Number Fund Name Policy
2. To the extent the reserve falls below the minimum threshold of 10%, the reserve will be
restored to that level within two fiscal years. Funds in excess of the Unassigned Fund
Balance policies in all Other Funds outlined in this policy may be transferred to the
Health Insurance Fund to restore the Health Insurance Fund Balance policy with Board
approval.
3. At no time shall the use of funds in excess of the 10% fund balance plus a reserve
equal to the estimated incurred but not reported (IBNR) claims be used to reduce the
annual employee contribution to the Health Insurance Fund, except in cases where a
temporary rate adjustment has been made to restore minimum Health Insurance Fund
Balance levels. Funds in excess of the Unassigned Fund Balance policy outline d above
may be considered to supplement “pay-as-you-go” capital expenditures or other
nonrecurring expenditures with Board approval.
B. Dental Insurance (Fund C705)
So as long as the County elects to provide a fully insured Dental plan, no reserve is
required. If the County elects to self -insure Dental Insurance costs in the future, a reserve
for dental costs will be established by the Board.
C. Risk Management (Fund C710)
1. So as long as the County continues the current policy of self -insuring Worker’s
Compensation costs, a reserve for Risk Management costs shall be maintained as
follows:
Fund
Number Fund Name Policy
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 17 OF 18
EFFECTIVE DATE
JULY 1,
2019November
19,2019
2. To the extent the reserve falls below the established policy, the reserve will be restored
to that level within two fiscal years. Funds in excess of the Unassigned Fund Balance
policies in all Other Funds outlined in this policy may be transferred to the Risk
Management Fund to restore the Risk Management Fund Balance policy with Board
approval.
5. 6. Roanoke County Public Schools Reserves and Year End Allocation
A. Roanoke County Public Schools will maintain a $2 million unappropriated balance. This
balance is available for unexpected revenue shortfalls, unplanned significant expenditures
increases, and emergency appropriations. The balance will be reserved for fin ancial
emergencies and when appropriations are necessary, the balance will be replenished with
the next available year end funds from the School Operations.
B. All School Operating Fund appropriations remaining at the end of the year will not lapse
but shall be appropriated to the Schools and used for Major Capital projects, Minor Capital
projects, Capital Maintenance Program, School Safety and Security, and/or
Comprehensive Services Act reserves.
Section 11 – Cash Management/Investments
1. Maintaining the safety of the principal of the County’s public investment is the highest priority
in the County’s cash management policy. The secondary and tertiary priorities are the
maintenance of liquidity of the investment and optimization of the rate of return within the
parameters of the Code of Virginia, respectively. Funds held for future capital projects are
invested in accordance with these objectives, and in such a manner so as to ensure
compliance with U.S. Treasury arbitrage regulations. The County maintains cash and
temporary investments in several investment portfolios.
2. The Treasurer, County of Roanoke (an elected Constitutional Officer) is responsible for
maintaining and updating a separate investment policy, which is approved by the Board of
Supervisors.
Section 12 – Internal Controls
1. A comprehensive system of financial internal controls shall be maintained in order to protect
the County’s assets and sustain the integrity of the County’s financial systems.
2. Managers at all levels shall be responsible for implementing sound controls and for regularly
monitoring and measuring their effectiveness.
COUNTY OF ROANOKE
Roanoke, Virginia
COMPREHENSIVE
FINANCIAL POLICY
Policy Number
PAGE 18 OF 18
EFFECTIVE DATE
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2019November
19,2019
Section 13 – Administration and Approvals
1. Responsible Department
The Department of Finance and the Office of Management and Budgetand Management
Services are responsible for the administration of this policy.
2. Policy Authority
The Board of Supervisors authorizes the use of this policy.
3. Amendment of Policy
These rules may be changed or amended by resolution of the Board of Supervisors.
4. Review Date
This policy will be reviewed annually and updated as necessary for modifications.
Page 1 of 2
ACTION NO.
ITEM NO. K.2
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 6, 2019
AGENDA ITEM: Work session to review the County of Roanoke
Compensation and Classification Study
SUBMITTED BY: Anita Hassell
Director of Human Resources
APPROVED BY: Daniel R. O’Donnell
County Administrator
ISSUE:
Review the County of Roanoke Compensation and Classification Study
BACKGROUND:
A Compensation and Classification Study is a multi-part process where information is
gathered from a variety of sources to determine if employees are paid competitively,
and to determine if jobs are graded appropriately. A study like this has not been
completed in many years so we are overdue for this type of review.
The County contracted with Gallagher, a human resources and compensation
consulting group, to conduct a compensation and classification study of Roanoke
County jobs. Gallagher has extensive experience doing these types of studies in
Virginia and has substantial knowledge of other local government compensation
systems. This project is very important for us as we wish to be considered an “employer
of choice” in the region and therefore need to remain com petitive in the area of
employee compensation.
DISCUSSION:
The presentation will provide details on the process and timeline for the compensation
and classification study. The attached PowerPoint will be reviewed during the work
session.
Page 2 of 2
FISCAL IMPACT:
There is no fiscal impact associated with the receipt of the presentation.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors receive information regarding the
Compensation and Classification Study.
County of Roanoke
Compensation and Classification Study
November 6, 2019
Work Session Agenda
•Background
•Objectives
•Process
•Project timeline
•Next steps
•Questions/Comments
2
Background
•Historical Compensation Philosophy
•Recruitment and retention of high quality employees
•Internal equity and regional market comparability
•Compensation consistent with fiscal constraints
•No record of a comprehensive compensation and classification study for Roanoke County
•Best practices recommend study at 5 year intervals
•Utilized cooperative procurement to engage Gallagher & Company, an HR & Compensation Consulting Group for the study
3
Objectives
•Conduct a comprehensive compensation survey
•Develop a compensation strategy
•Evaluate jobs for internal equity and pay compression
•Develop a salary structure that is competitive,equitable and legally
defensible
•Review fair labor standards act designations
•Train Human Resources staff to administer the recommended
classification and compensation system
4
Process
•Phase I -Administration
•Phase II –Compensation Study
•Phase III –Classification & Job Evaluation Study
•Phase IV –Final Report
5
Process
Phase I Administration
•Data collection
•Determine comparable survey markets
•Determine benchmark jobs
•Conduct employee meetings
6
Process
Phase II –Compensation Study
•Conduct survey of comparable markets
•Distribute, train, and collect employee position description questionnaires
•Analyze all data to simplify salary structure and reduce pay compression
•Recommend changes to pay structures
7
Process
Phase III –Classification & Job Evaluation Study
•Compare position description questionnaires to job descriptions
•Review current class plan, recommend changes to classification and job titling
conventions
•Review fair labor standards act (exempt and non-exempt) designations
•Place employees in appropriate classifications
8
Process
Phase IV –Final Report
•Receive draft report and communications plan to include compensation
strategy and recommended changes
•Compensation guidelines, policies and training aligned with new/updated
system provided
•Final report with study findings and recommendations
9
Project Timeline
10
PHASE DESRIPTION
7 -MONTH
Next Steps
•Continue communication with departments
•Continue to work with Gallagher, Human Resources and Compensation Consulting
(Gallagher) on the study
•Receive recommendation from Gallagher for a phased implementation approach
and include in the FY 2020-2021 budget discussions
11
Questions and
Comments
12
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 6, 2019
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.