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HomeMy WebLinkAbout6/8/2021 - Regular Roanoke County Board of Supervisors June 8, 2021 INVOCATION: PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of Page 1 of 4 Roanoke County Board of Supervisors Agenda June 8, 2021 Good afternoon and welcome to our meeting for June 8, 2021. 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. Because of the present state of emergency, and until further notice, members of the public are urged not to attend Board of Supervisor meetings in person. All are encouraged to view and participate in meetings through electronic means. Meetings may be viewed live on RVTV, Channel 3, or on the Co https://roanokecountyva.gov comments by email (to djacks@roanokecountyva.gov) or by phone (540-776- 7278). When submitting comments, please include your name and address. Comments submitted by email and by phone will be read aloud during meetings, subject to reasonable time limitations. For those individuals who desire to attend meetings in person, please be advised that seating modifications and limits have been established in order to facilitate social distancing; attendees who are not of the same household must sit six feet apart; and attendance at meetings will be limited to 25 individuals. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS Page 2 of 4 C. NEW BUSINESS 1. Resolution supporting installation of Locality Identification signs with accompanying recognition signs for Hidden Valley High School athletic achievement, located on Brambleton Avenue (Route 221) and Electric Road (Route 419), Windsor Hills Magisterial District (Isaac Henry, Transportation Planner) 2. Resolution establishing reasonable charges for costs incurred by the County in responding to Virginia Freedom of Information Act requests for public records (Peter S. Lubeck, County Attorney) D. PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Resolution approving the Secondary Six-Year Improvement Plan for Fiscal Years 2022 through 2027 and the Construction Priority List and Estimated Allocations for Fiscal Year 2022 (Megan G. Cronise, Transportation Planning Administrator) E. SECOND READING OF ORDINANCES 1. The petition of Zye and Gaven Reinhardt to obtain a special use permit in an AR, Agricultural/Residential, District for a special events facility on approximately 31.32 acres, located at 2875 Timberview Road, Catawba Magisterial District (Philip Thompson, Director of Planning) F. APPOINTMENTS 1. Library Board (appointed by District) 2. Parks, Recreation and Tourism (appointed by District) G. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes April 27, 2021 2. Request to accept and allocate grant funds in the amount of $96,310.24 from the Virginia Office of Emergency Medical Services for the "Four-For-Life" distribution 3. Resolution approving the County Attorney's employment contract 4. Resolution approving the County Administrator's employment contract Page 3 of 4 5. Resolution expressing the appreciation of the Board of Supervisors to Debra R. Hartman, Deputy Chief Treasurer, upon her retirement after three-three (23) years of service 6. Confirmation of appointments to the Roanoke Valley Alleghany Regional Commission (At-Large) and to Visit H. CITIZENS' COMMENTS AND COMMUNICATIONS I. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report J. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Paul M. Mahoney 2. Martha B. Hooker 3. Phil C. North 4. David F. Radford 5. P. Jason Peters K. WORK SESSIONS 1. Work session to discuss the Economic Development Strategic Plan with the Board of Supervisors (Jill Loope, Director of Economic Development) 2. Work session to discuss the stream buffer ordinance with the Board of Supervisors (Tarek Moneir, Director of Development Services) L. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.1 - Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; namely alternates for the Board of Equalization M. CERTIFICATION RESOLUTION N. ADJOURNMENT Page 4 of 4 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 8, 2021 AGENDA ITEM: Resolution supporting installation of Locality Identification signs with accompanying recognition signs for Hidden Valley High School athletic achievement, located on Brambleton Avenue (Route 221) and Electric Road (Route 419), Windsor Hills Magisterial District SUBMITTED BY: Megan Cronise Transportation Planning Administrator APPROVED BY: County Administrator ISSUE: The Virginia Department of Transportation (VDOT) requires a resolution from the Board of Supervisors for installation of permanent signs in the VDOT right-of-way as part of a Land Use Permit application package. BACKGROUND: The Hidden Valley Athletic Booster Club has requested the installation of signs to recognize Hidden Valley High School athletic state championships. VDOT allows this type of sign within their right-of-way when accompanying a Locality Identification sign. In Roanoke County, signs recognizing the athletic achievements of Glenvar High School and Northside High School have been installed with Locality Identification signs at gateways in the Catawba Magisterial District. DISCUSSION: Two locations for sign installation have been identified and preliminarily approved by VDOT: 1. Electric Road/Route 419 at the City of Salem boundary, in front of TMEIC; and 2. Brambleton Avenue/Route 221 at the City of Roanoke boundary, at the corner of Page 1 of 2 Red Rock Road, SW, near the J&L Oriental Food Mart and The Loft Hair Studio. The proposed signs would replace the existing "Enter Roanoke County" Locality Identification signs at these locations. Because there is more space for a sign at the Electric Road location, a two-post sign is proposed. The Brambleton Avenue sign will be a narrower, one-post design. A two-post sign is also proposed for installation on the Hidden Valley High School campus, outside of the VDOT right-of-way. The proposed signs and locations meet criteria listed in the VDOT Land Use Permit Guidance Manual, section 24VAC30-151-570 B.1., Miscellaneous Signs. FISCAL IMPACT: None. The Hidden Valley Athletic Booster Club will purchase and install the signs. STAFF RECOMMENDATION: Staff recommends approval of the resolution of support for installation of the locality identification signs with accompanying recognition signs. Page 2 of 2 ² AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, JUNE 8, 2021 RESOLUTION SUPPORTING INSTALLATION OF LOCALITY INDENTIFICATION SIGNS WITH ACCOMPANYING RECOGNITION SIGNS FOR HIDDEN VALLEY HIGH SCHOOL ATHLETIC ACHIEVEMENT, LOCATED ON BRAMBLETON AVENUE (ROUTE 221) AND ELECTRIC ROAD (ROUTE 419), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, the Roanoke County Board of Supervisors supports the installation of signs in the Virginia Department of Transportation (VDOT) right-of-way recognizing Hidden Valley High School athletic state championships; and WHEREAS, VDOT permits such signs as accompaniment to Locality Identification signs at entrances to the County; and WHEREAS, a VDOT Land Use Permit is required for installation of Locality Identification signs; and WHEREAS, the signs must be in accordance with VDOT Land Use Permit Manual Regulations Guidance Manual; and WHEREAS, the installation and maintenance is the responsibility of Hidden Valley Athletic Booster Club; and WHEREAS, a resolution is required from the Board of Supervisors in support of the Locality Identification signs. NOW, THEREFORE, BE IT RESOLVED, this Board requests permits for the following Locality Identification signs, pursuant to Section 24VAC30-151-570, VDOT Land Use Permit Regulation Guidance Manual: Sign location: Red Rock Rd SW (City of Roanoke) on Brambleton Avenue Rte. 221 Page 1 of 2 Sign location: 70South of Keagy Road Rte. 685 on Electric Road Rte. 419 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Salem Resident Engineer for the Virginia Department of Transportation. Page 2 of 2 ACTION NO. ITEM NO. C.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 8, 2021 AGENDA ITEM: Resolution establishing reasonable charges for costs incurred by the County in responding to Virginia Freedom of Information Act requests for public records SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: County Administrator ISSUE: Update of the County's outdated 2012 resolution setting reasonable charges for costs incurred by the County in responding to Virginia Freedom of Information Act Requests for public records. BACKGROUND: The Virginia Freedom of Information Act (FOIA), located at § 2.2-3700 et. seq. of the Code of Virginia, guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees. FOIA authorizes a public body to establish reasonable charges, not to exceed its actual costs incurred, for accessing, duplicating, supplying or searching for requested records (§ 2.2-3704 of the Code of Virginia). The Board adopted such a resolution setting forth fees for responding to request for documents under FOIA in 1983, and subsequently updated the resolution in 2012. DISCUSSION: Since 2012, the cost of responding to requests for documents has increased. Further, Page 1 of 2 technology has changed; it is no longer necessary to set forth charges for audio or video tapes (which are no longer used), and it is necessary to set a charge for providing USB flash drives (which are routinely used). It is proposed that the Board adopt a new resolution, setting forth updated charges for costs incurred in responding to requests for documents. Further, in its 2012 ordinance, the County waived all charges for requests that totaled $25 or less. It is now recommended that the Board waive charges for requests that total $5 or less. This will still allow County staff to provide responses to small requests free of charge, but sets a reasonable threshold for recovering actual costs incurred in responding to larger requests. FISCAL IMPACT: There is no cost incurred by the County in adopting this resolution. STAFF RECOMMENDATION: Staff recommends that the Board adopt the Resolution. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 10, 2012 RESOLUTION 011012-4 ESTABLISHING REASONABLE CHARGES INCURRED BY THE COUNTY IN RESPONDING TO FREEDOM OF INFORMATION ACT REQUESTS FOR PUBLIC RECORDS WHEREAS, on September 27, 1983, the Board of Supervisors of Roanoke County adopted Resolution 83-181 which established fees charged for copies made on general public use; and WHEREAS, said resolution has not been revised or updated since that time; and WHEREAS, the Board of Supervisors of Roanoke County intends to establish a schedule for recovering its actual costs incurred in accessing, duplicating, supplying or searching for public records requested by citizens under the Freedom of Information Act; and WHEREAS, this resolution is in compliance with Section 2.2-3704.F of the Code of Virginia. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County as follows: 1. Resolution 83-181 is hereby rescinded. 2. That the following schedule of reasonable charges in accessing, duplicating, supplying, or searching for public records requested by citizens under the Freedom of Information Act is hereby established: C HARGES a. Generally, when minimum search time is required, there will be no charge for the viewing only of an official document. When extensive search time is required to Page 1 of 3 provide the document(s) for viewing, or when copies of such documents are requested, charges are based on reimbursement to the County for the cost of searching for and reproducing such documents. If the charges to search for and reproduce the documents are expected to exceed $200, the County may require payment of the estimated costs in advance by the requestor. If such advance payment is required, the time allowed for response stops running until the requestor responds. b. Current charges for the costs incurred copying official County records have been calculated based on the costs of office machines and materials and are as follows: Office Copy Reproduction: Five pages, or fewer, no charge; thereafter $0.10 per black and white copy and $0.16 per color copy Audio or Video Tapes: $5.00 per tape (with tape provided by County) Audio or Video CDs: $5.00 per CD Maps: 24 by 36 inch maps - $4.75 per copy 36 by 48 inch maps - $7.70 per copy c. In addition to the copying costs the County will charge an hourly rate for the staff person(s) searching, retrieving, copying or otherwise preparing the records requested. d. Roanoke County waives all charges for requests that total $25.00 or less. e. For documents or other requests not specifically listed in this section, the County Administrator shall calculate the charge based on the actual cost to the County of searching for and providing the document, including but not limited to any associated labor or administrative costs. Page 2 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 8, 2021 RESOLUTION ESTABLISHING REASONABLE CHARGES FOR COSTS INCURRED BY THE COUNTY IN RESPONDING TO VIRGINIA FREEDOM OF INFORMATION ACT REQUESTS FOR PUBLIC RECORDS WHEREAS, the Virginia Freedom of Information Act (FOIA) guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees; and WHEREAS, Section 2.2-3704 of FOIA authorizes a public body to establish reasonable charges, not to exceed its actual costs incurred, for accessing, duplicating, supplying or searching for requested records; and WHEREAS, on September 27, 1983, the Board of Supervisors of Roanoke County adopted Resolution 83-181 which established fees for responding to requests for documents under FOIA; and WHEREAS, said Resolution was updated on January 10, 2012, by Resolution 011012-4, but has not been revised or updated since that time; and WHEREAS, the Board of Supervisors of Roanoke County intends to update its resolution regarding FOIA to establish a schedule for recovering its actual costs incurred in accessing, duplicating, supplying or searching for public records requested by citizens; and NOW THEREFORE, be it resolved by the Board of Supervisors of Roanoke County as follows: 1. Resolution 011012-4 is hereby rescinded. Page 1 of 3 2. The following schedule of reasonable charges for accessing, duplicating, supplying or searching for public records requested by citizens under the Freedom of Information Act is hereby established: a. Generally, when minimum search time is required, there will be no charge for the viewing only of an official document. When extensive search time is required to provide the document(s) for viewing, or when copies of such documents are requested, charges are based on reimbursement to the County for the cost of searching for and reproducing such documents. If the charges to search for and reproduce the documents are expected to exceed $200, the County may require payment of the estimated costs in advance by the requestor. If such advance payment is required, the time allowed for response stops running until the requestor responds. b. Charges for costs incurred in copying and printing County records are as follows: Copying and printing $0.10 per one-sided black and white page $0.20 per double-sided black and white page $0.16 per one-sided color page $0.32 per double-sided color page USB flash drive $15 per flash drive Audio or video CDs $5 per CD Maps $7 per 24 x 36 inch map $10 per 36 x 48 inch map Page 2 of 3 c. In addition to copying and printing costs, the County will charge an hourly rate for the staff person(s) searching, retrieving, copying or otherwise preparing the records requested. d. Roanoke County waives all charges for requests that total $5.00 or less. e. For documents or other requests not specifically listed in this section, the County Administrator shall calculate the charge based on the actual cost to the County of searching for and providing the document, including but not limited to any associated labor or administrative costs. f. Charges may be paid in cash or by check made payable to the Treasurer, Roanoke County. A receipt (receipts may be obtained provided to the requestor. 3. This resolution is effective from and after the date of its adoption. Page 3 of 3 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 8, 2021 AGENDA ITEM: Resolution approving the Secondary Six-Year Improvement Plan for Fiscal Years 2022 through 2027 and the Construction Priority List and Estimated Allocations for Fiscal Year 2022 SUBMITTED BY: Megan Cronise Transportation Planning Administrator APPROVED BY: County Administrator ISSUE: Discussion of the County's Secondary Road Six-Year Improvement Plan. BACKGROUND: Each year the Board of Supervisors approves the County's Secondary Road Six-Year Improvement Plan (SSYP) and the construction priority list for the upcoming fiscal year. The estimated allocation for the SSYP is $2,109,848 for fiscal years 2022 through 2027 with $318,521 allocated for fiscal year 2022. DISCUSSION: SSYP allocations for Roanoke County are typically designated through the following two funds: 1) TeleFee: Generated from telecommunications providers paying a Public Rights- of-Way Use Fee. 2) District Grant - Unpaved: For paving VDOT-maintained unpaved roads with an Annual Average Daily Traffic Volume (AADT) of 50 vehicle trips or more. Page 1 of 4 Fiscal year 2022 SSYP allocations from these two funds are proposed for the following projects and accounts: · Dry Hollow Road ($224,056) · Ivy Ridge Road ($54,465) · Countywide Traffic, Engineering and Survey Services ($40,000) The SSYP is comprised of the following programs and components: District Grant - Unpaved: Four VDOT-maintained unpaved roads are currently programmed for paving: Moncap Trail: $200,000 total project estimate allocated in previous fiscal years with construction to occur in 2021; Ivy Ridge Road: $54,465 allocated in fiscal year 2022; $200,000 total project estimate allocated between fiscal years 2020 and 2023; Webb Road: $250,000 total project estimate allocated between fiscal years 2023 and 2026; and Berganblick Lane: $200,000 total project estimate allocated between fiscal years 2026 and 2027. Rural Addition Program: Older, private roads meeting certain criteria can be brought into the Secondary System through the Rural Addition Program. Harmony Lane, added in 2017, was completed in early 2021. No additional allocations are proposed for this program. Other Prioritized Projects: These projects are larger reconstruction projects for existing secondary roads. Three projects are included and all have additional funding sources: Fallowater Lane Extension: $1,495,521 allocated in previous fiscal years; $2,844,594 allocated from the Revenue Sharing Program (50/50 VDOT/County match). Total project funding: $4,340,115; Page 2 of 4 Dry Hollow Road: $224,056 allocated in fiscal year 2022; $1,216,000 allocated from the Revenue Sharing Program (50/50 VDOT/County match); remaining SSYP funding allocated between previous fiscal years and fiscal year 2024. Total project funding: $2,185,000; and Starkey Road/Buck Mountain Road Intersection Improvements: $13,444 allocated in fiscal year 2023; $1,146,556 allocated from the Revenue Sharing Program (50/50 VDOT/County match); $2,098,115 allocated from the Surface Transportation Block Grant Program; $2,583,365 recommended in SMART SCALE funding. Total project funding: $5,841,480. Countywide Incidental Improvements: $40,000 is allocated in fiscal year 2022 for services that include plan review, right-of- way engineering, preliminary engineering and surveys, traffic services, safety projects, minor drainage improvements, fertilization, and seeding. New Project: Improvements to Franklin Street have been included as a proposed new project with a total estimate of $350,000. The scope of this project is from Fairway Ridge Road and the City of Salem boundary, approximately 0.6 mile in length with about 190 vehicle trips per day. Half of the roadway is narrow and winding with steep topography on one side and a creek on the other. The other half of the roadway is flatter, while still narrow with the creek on one side. VDOT proposes trench widening a maximum of one to two feet in areas where adequate existing shoulder is available and relocating minor utilities where needed. The roadway would be overlaid with plant mix asphalt. Funding for this project is allocated in fiscal years 2025 and 2026 with construction anticipated in fiscal year 2025. Through fiscal year 2027, $322,168 in unallocated TeleFee funds are reserved in a balance entry account. These funds could be used to leverage future applications through various grant programs, to support existing projects with funding deficits, or to fund new projects. FISCAL IMPACT: For the above projects that include Revenue Sharing Program funding, this funding has been approved through previous actions by the Board of Supervisors. Taking action to adopt the resolution approving the SSYP will have no fiscal impact on the County budget, as this is VDOT funding designated for secondary road projects within Roanoke Page 3 of 4 County. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt the resolution approving the Secondary Road Six-Year Improvement Plan for fiscal years 2022 through 2027 and the construction priority list and estimated allocations for fiscal year 2022. Page 4 of 4 Budget Detail ReportSSYP FY22 WORKING DRAFT : FY22 WORKING FINAL 5/18/2021 9:20:51 AM 1 of 6 Budget Detail ReportSSYP FY22 WORKING DRAFT : FY22 WORKING FINAL Secondary System Roanoke County Construction Program Estimated Allocations FundFY2022FY2023FY2024FY2025FY2026FY2027Total $0$0$0$0$0$0$0 CTB Formula - Unpaved State $0$0$0$0$0$0$0 Formula Secondary State $264,056$264,056$264,056$264,056$264,056$264,056$1,584,336 TeleFee $54,465$73,177$79,982$79,982$118,953$118,953$525,512 District Grant - Unpaved $318,521$337,233$344,038$344,038$383,009$383,009$2,109,848 Total Board Approval Date: Residency AdministratorDate County AdministratorDate 5/18/2021 9:20:51 AM 2 of 6 Budget Detail ReportSSYP FY22 WORKING DRAFT : FY22 WORKING FINAL Roanoke County Roanoke County (080) UPCDescription 110317RTE 1728 - RECONSTRUCT & SURFACE TREAT NON-HARDSURFACED ROAD 0000.00Project1728080P69ROUTE 923 END OF STATE MAINTENANCE PreviousBudgetProjectedTotalPERWCN $200,000$0$0$200,000Schedule:04/14/20 Total Estimate$200,000Estimate:$0$0$200,000 Balance:$0 Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 3001500CTB Formula: Unpaved - Roanoke$200$0$0$0$0$0$0 112304Fallowater Lane Extension 0000.00Project9999080926Electric Rd, Rte 419 Chevy Rd, Rte 799 PreviousBudgetProjectedTotalPERWCN $3,335,635$1,004,480$1,840,114$6,180,229Schedule:05/18/1812/17/1903/04/21 Total Estimate$4,340,114Estimate:$394,083$2,077,526$1,868,505 Balance:-$1,840,115 Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 6030202Revenue Sharing Funds :State $0$502$0$0$920$0$0 Match (CNS202) 6030601.Formula - Secondary $647$0$0$0$0$0$0 :Federal/State - Roanoke (CNS601) 6030606Secondary Formula - $849$0$0$0$0$0$0 Telecommunications : Roanoke 9030623Local Project Contributions - $1,840$0$0$0$0$0$0 Secondary 9090201Revenue Sharing Funds :Local $0$502$0$0$920$0$0 Match (NOPOST) 112745Hard Surface Unpaved Road for Rural Addition 0000.00Project0959080929Int. Route 221 0.15 MI S Rural Addition to End Cul-de- sac PreviousBudgetProjectedTotalPERWCN $207,586$0$0$207,586Schedule:11/14/19 Total Estimate$207,586Estimate:$0$0$207,586 Balance:$0 Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 6030606Secondary Formula - $208$0$0$0$0$0$0 Telecommunications : Roanoke 5/18/2021 9:20:51 AM 3 of 6 Budget Detail ReportSSYP FY22 WORKING DRAFT : FY22 WORKING FINAL Roanoke County Roanoke County (080) UPCDescription 107309Dry Hollow Road Safety Improvements 0001.00Project0649080R770.11 S of West River Road West River Road PreviousBudgetProjectedTotalPERWCN $695,552$224,056$1,265,392$2,185,000Schedule:10/02/1507/13/2105/10/22 Total Estimate$2,185,000Estimate:$400,000$24,000$1,761,000 Balance:$0 Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 6030201Revenue Sharing Funds :Local $200$0$213$200$0$0$0 Match 6030202Revenue Sharing Funds :State $200$0$213$200$0$0$0 Match (CNS202) 6030606Secondary Formula - $296$224$215$224$0$0$0 Telecommunications : Roanoke 113144#SMART22 - Starkey Road/Buck Mtn Rd Int Improvements 0002.00Project0904080R350.046 Mi. West of Intersection 0.039 Mi. North of Intersection Rte. 904 - Rte. 904 - Rte. 679Rte. 679 PreviousBudgetProjectedTotalPERWCN $883,689$30,327$4,927,464$5,841,480Schedule:01/16/1905/07/2112/13/22 Total Estimate$5,841,480Estimate:$800,000$559,516$4,481,964 Balance:$0 Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 3020411RSTP Match Roanoke$0$6$43$128$243$0$0 3120401RSTP Roanoke$0$24$171$513$970$0$0 3190000DGP Supplemental (HB1414)$83$0$500$2,000$0$0$0 6030201Revenue Sharing Funds :Local $400$0$0$173$0$0$0 Match 6030202Revenue Sharing Funds :State $400$0$0$173$0$0$0 Match (CNS202) 6030606Secondary Formula - $0$0$13$0$0$0$0 Telecommunications : Roanoke -25441Route 693 (Franklin Street) pavement wedging and overlay 0003.00Project0693080963Salem South City Limit Int Route 1396 PreviousBudgetProjectedTotalPERWCN $0$0$350,000$350,000Schedule:08/16/2405/27/25 Total Estimate$350,000Estimate:$10,000$0$340,000 Balance:$0 Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 6030606Secondary Formula - $0$0$0$0$224$126$0 Telecommunications : Roanoke 5/18/2021 9:20:51 AM 4 of 6 Budget Detail ReportSSYP FY22 WORKING DRAFT : FY22 WORKING FINAL Roanoke County Roanoke County (080) UPCDescription 110958RTE. 708 Ivy Ridge Hard Surface Non-Hard Surfaced Roadway 0004.00Project0708080P15INT ROUTE 221 END OF STATE MAINTENANCE PreviousBudgetProjectedTotalPERWCN $143,321$54,465$2,214$200,000Schedule:07/15/22 Total Estimate$200,000Estimate:$0$0$200,000 Balance:$0 Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 3001500CTB Formula: Unpaved - Roanoke$62$0$0$0$0$0$0 6071700HB2 DG: Unpaved - Roanoke$82$54$2$0$0$0$0 110957RTE. 615 Webb Road Hard Surface Non-Hard Surfaced Roadway 0005.00Project0615080P16ROANOKE/FRANKLIN INT ROUTE 220 COUNTY LINE PreviousBudgetProjectedTotalPERWCN $0$0$250,000$250,000Schedule:06/24/26 Total Estimate$250,000Estimate:$0$0$250,000 Balance:$0 Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 6071700HB2 DG: Unpaved - Roanoke$0$0$71$80$80$19$0 117235RTE 759 BERGANBLICK HARD SURFACE NON-HARDSURFACED ROADWAY 0006.00Project0759080949INT Route 752 (Old Mill Road) End of State Maintenance PreviousBudgetProjectedTotalPERWCN $0$0$200,000$200,000Schedule:07/31/2605/10/27 Total Estimate$200,000Estimate:$5,000$0$195,000 Balance:$0 Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 6071700HB2 DG: Unpaved - Roanoke$0$0$0$0$0$100$100 118717Route 657 (Crowell Gap) Hard Surface Rural Rustic 0007.00Project06570809620.72 MI E Route 666 0.78 MI E Route 666 PreviousBudgetProjectedTotalPERWCN $30,000$0$0$30,000Schedule:09/29/21 Total Estimate$30,000Estimate:$0$0$30,000 Balance:$0 Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 6030606Secondary Formula - $30$0$0$0$0$0$0 Telecommunications : Roanoke 5/18/2021 9:20:51 AM 5 of 6 Budget Detail ReportSSYP FY22 WORKING DRAFT : FY22 WORKING FINAL Roanoke County Roanoke County (080) UPCDescription 100133COUNTYWIDE TRAFFIC SERVICES 9999.99Budget1204007VARIOUS LOCATIONS IN VARIOUS LOCATIONS IN COUNTY ItemCOUNTY Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 6030606Secondary Formula - $253$20$16$20$20$20$20 Telecommunications : Roanoke 100188COUNTYWIDE ENGINEERING & SURVEY 9999.99Budget1204005VARIOUS LOCATIONS IN VARIOUS LOCATIONS IN COUNTY ItemCOUNTY Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 6030601.Formula - Secondary $12$0$0$0$0$0$0 :Federal/State - Roanoke (CNS601) 6030606Secondary Formula - $232$20$20$20$20$20$20 Telecommunications : Roanoke 100295COUNTYWIDE FERTILIZATION & SEEDING 9999.99Budget1204006VARIOUS LOCATIONS IN VARIOUS LOCATIONS IN COUNTY ItemCOUNTY Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 6030606Secondary Formula - $44$0$0$0$0$0$0 Telecommunications : Roanoke 100349COUNTYWIDE RIGHT OF WAY ENGR. 9999.99Budget1204008VARIOUS LOCATIONS IN VARIOUS LOCATIONS IN COUNTY ItemCOUNTY Funding Detail (in $1000s)PreviousFY2022FY2023FY2024FY2025FY2026FY2027 6030601.Formula - Secondary $9$0$0$0$0$0$0 :Federal/State - Roanoke (CNS601) 6030606Secondary Formula - $51$0$0$0$0$0$0 Telecommunications : Roanoke 5/18/2021 9:20:51 AM 6 of 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON JUNE 8, 2021 RESOLUTION APPROVING THE SECONDARY ROAD SIX-YEAR IMPROVEMENT PLAN FOR FISCAL YEARS 2022 THROUGH 2027 AND THE CONSTRUCTION PRIORITY LIST AND ESTIMATED ALLOCATIONS FOR FISCAL YEAR 2022 WHEREAS, Sections 33.2-331 of the Code of Virginia (1950, as amended) provides the opportunity for Roanoke County to work with the Virginia Department of Transportation in developing a Secondary Road Six-Year Improvement Plan; and WHEREAS, this Board had previously agreed to assist in the preparation of the Secondary Road Six-Year Improvement Plan, in accordance with Virginia Department of Transportation policies and procedures; and WHEREAS, a public hearing which was duly advertised on the proposed Secondary Road Six-Year Improvement Plan for Fiscal Years 2022-2027 and Construction Priority List and Estimated Allocations for Fiscal Year 2022 was held on June 8, 2021, to receive comments and recommendations on Roanoke County Secondary Road Six-Year Improvement Plan for Fiscal Years 2022-2027 as well as the Construction Priority List and Estimated Allocations for Fiscal Year 2022; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby approve the Secondary Road Six-Year Improvement Plan for Roanoke Countyfor Fiscal Years 2022-2027; BE IT FURTHER RESOLVED, that the Board of Supervisors does also hereby approve the Construction Priority List and Estimated Allocations for Fiscal Year 2022; BE IT FURTHER RESOLVED that a copy of this resolution duly attested to be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office Page 1 of 2 along with a duly attested copy of the proposed Roanoke County Secondary Road Six- Year Improvement Plan for Fiscal Years 2022-2027 by the Clerk to the Board. Page 2 of 2 ACTION NO. ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 8, 2021 AGENDA ITEM: The petition of Zye and Gaven Reinhardt to obtain a special use permit in an AR, Agricultural/Residential, District for a special events facility on approximately 31.32 acres, located at 2875 Timberview Road, Catawba Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: County Administrator ISSUE: Agenda item for second reading of ordinance for a special use permit for a special events facility. BACKGROUND: · place, structure, or other facility used for the assembly of or intention of attracting people for cultural, ceremonial, celebratory purposes or civic clubs for which there is a leasing fee. Such assembly includes, but is not limited to, anniversary and birthday celebrations, reunions, weddings, and receptions. Music concerts or · A special events facility is permitted by special use permit in the AR, Agricultural/Residential, District. · General use and design standards for a special events facility include fronting and having access to a publicly maintained street and regulating outdoor amplified music through the noise ordinance. Use and design standards for properties zoned AR require the property to be a minimum of 10 acres in size. Page 1 of 3 DISCUSSION: The Planning Commission held a public hearing on this request on February 2, 2021. Sixteen citizens submitted comments via email or phone prior to the public hearing. Three citizens spoke during the public hearing and one comment was received during the 10-minute recess period. All comments submitted by phone, email, or in person were in opposition to the petition except one. Concerns and issues expressed included: an increase in traffic on Timberview Road, traffic safety/pedestrian safety, potential for drunk driving, increased noise, erosion of rural character, lack of fire hydrants, increased presence of strangers on Timberview Road, decreased property values, increased taxes, and light pollution. The Planning Commission discussed several issues with staff and the applicant including: the proposed operation of the wedding venue; building code change of use; the need for businesses to support tourism in the Roanoke Valley; noise and lighting issues and the ordinances in place to mitigate those impacts; traffic; use of shuttles to transport guest to the site; condition of Timberview Road; environmental issues; occupancy of the proposed chapel (260 people); special events facility definition; surrounding zoning; future land use designations; and other events that would be held on site (business parties). The Planning Commission recommends approval of the special use permit for a special events facility with two conditions: 1. The site shall be developed in general conformance with the concept plan submitted with the application dated January 22, 2021, subject to any changes required during the site plan process. 2. The number of individuals at each event shall be limited to 250. The Board of Supervisors held a public hearing on this request on February 23, 2021. Two citizens spoke during the public hearing. In addition, three written comments and one phone message were read during the public hearing. Two in support of the project and four in opposition. Concerns raised included: increased traffic, safety issues, decreased property values, loss of privacy, noise, lights, and additional disruptions. The Board of Supervisors adopted a motion to postpone action on this application and requested the applicants to explore an alternative access off of Loch Haven Drive. The applicants have submitted information regarding the Board's request and asked to be placed back on the agenda. Page 2 of 3 FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board approve the special use permit with the following conditions: 1. The site shall be developed in general conformance with the concept plan submitted with the application dated January 22, 2021, subject to any changes required during the site plan process. 2. The number of individuals at each event shall be limited to 250. 3. Parking shall be prohibited on Timberview Road. On-site parking shall be limited to 40 vehicles. 4. Hours of operation shall be limited to 12:00 p.m. to 10:00 p.m. on Fridays, and from 10:00 a.m. to 10:00 p.m. on Saturdays and Sundays. Only one event shall be allowed per day. Page 3 of 3 STAFF REPORT Petitioner:Zye Reinhardt and Gaven Reinhardt Obtain a special use permit in an AR, Agricultural/Residential, District to operate a Request: special events facility Location:2875 Timberview Road Magisterial District:Catawba EXECUTIVE SUMMARY: Zye ReinhardtandGaven Reinhardt are requesting aspecial use permit in anAR, Agricultural/Residential, District to operate a special events facility.A wedding venue is proposed for the site, on which there is currently a single- family residence. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is mostly Rural Preserveand a small portion is designated Transition. Rural Preserve is a future land use designation consisting of mostly undeveloped, outlying lands. These rural regions are generallyseen as stable and require high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas.The proposed project is consistent with the Rural Preserve future land use designation. Additionally, approximately 1.1 acres in the southeastern corner of the property falls under the Transition future land use designation. Transition is afuture land use area that encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses.The proposed project is also consistent with the Transition future land use designation. 1. APPLICABLE REGULATIONS Section 30-29-5 of the Roanoke County Zoning Ordinance defines special events facility as “aplace, structure, or other facility used for the assembly of or intention of attracting people for cultural, ceremonial, celebratory purposes or civic clubs for which there is a leasing fee. Such assembly includes, but is not limited to, anniversary and birthday celebrations, reunions, weddings, and receptions. Music concerts or festivals as a primary use shall be considered an outdoor gathering.” Aspecial events facilityis permitted by special use permit in the AR,Agricultural/Residential,District, subject to Use and Design Standards in Article IV of the Roanoke County Zoning Ordinance. The standards for a special eventsfacilityarelisted below: (A) General Standards: 1.The site shall front directly on and have direct access to a publicly owned and maintained street. 2.Outdoor amplified music shall be regulated by Section 13-21(6) of the County Code (Noise Ordinance). 2 (B)Additional standards in the AR District: 1.The minimum acreage for a special events facility shall be 10 acres. Section 13-21 (6)of the County Code (Noise Ordinance)states: The following acts are declared to be noise disturbances in violation of this article unless specifically excepted in section 13-19. (6)Using or operating a loudspeaker or other sound amplification devices in a fixed or movable position exterior to any building, or mounted upon any motor vehicle or mounted in the interior of a building with the intent of providing service to an exterior area for the purpose of commercial advertising, giving instruction, information, directions, talks, addresses, lectures, or providing entertainment to any persons or assemblage of persons on any private or public property, between the hours of 10:00 p.m. and 7:00 a.m. the following day. Development of the site would require comprehensive site plan review(s) and building permit review(s). 2. ANALYSIS OF EXISTING CONDITIONS Background –The property at 2875 Timberview Road is approximately 30.6 acresin size. There is one building on the property which currently serves as a single-family residence.The existing buildingwould continue to serve as a single-family dwelling under this proposal, but the owners would vacate the premises for most weddings. Topography/Vegetation–The property rises from the west and north toward the south and east. Elevations on the property range from 1,205 feet (southwest corner) to 1,346 ft (south-central part of property). The existing single-family dwelling sits at approximately 1,320 feet, while the elevation at the bottom of the driveway is 1,273feet. Most of the portion of the property that is south of the existing building has been cleared, while north of the building is wooded. This property is not in the floodwayor floodplain. Surrounding Neighborhood–Surrounding properties are zoned AG-3,Agricultural/Rural Preserve,District to the north and west;and AR,Agricultural/Residential,Districtto the eastand south.The surrounding neighborhood is predominantly composed of single-family residenceson large lots.The closest single-family dwelling to the existing residence is located approximately 385 feet to the east. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture–The existing single-family dwellingis approximately 14,700 square feetin size. Under this proposal, theexisting basketball gymnasium (4,200 sq.ft.)in the single-family dwelling would be converted into a wedding chapel. The existing racquetball court(1,050 sq.ft.)immediately adjacent to the gymnasium would be converted into restrooms, catering prep, and storage. The provided concept plan, floor layout, and renderings show these proposed changes. Outdoor weddings would be an option under this proposal.In the future, it is possible that the patio behind the existing single-family dwellingwould be utilized, with a temporary transparent floor placed over the in- ground pool that is located on the patio. Receptions would be held in the main living area until the renovation of the gymnasium is complete. From that point forward, receptions would be held in the chapel. 3 Access/Traffic Circulation–The site currently has one point of access onTimberview Road, a paved driveway. About 270 feet from Timberview Road, the driveway splits, with a stamped concrete driveway leading to the front steps of theexisting single-family dwellingand a paved section continuing to the parking area on the eastern side of theexisting single-familydwelling.From the paved parking area, a dirt road continues around the patio on the south side of the existing single-family dwelling to western side of the existing single-family dwelling. Under this proposal, this dirt road would be converted to agravelroad, and a newgravel driveway would be constructed to extend northwest from the western side of the existing-single family dwellingto Timberview Road, which would provide a secondary access.An additional parking area would be constructed on the eastern side of the proposed driveway, directly northwest of the existing single-family dwelling.The additional driveway and parking area would be used by caterers and other wedding staff.The wedding party would park onsite, but attendees would be brought in via shuttle bus to minimize traffic on Timberview Road. The concept plan shows these proposed changes. Adjoining Properties-Due to the current health situation regarding COVID-19, a community meeting could not be held for this project. In order to adequately inform all surrounding neighbors, staff expanded the adjacent property notice letter that is typically sent to adjoining property owners. Approximately 99 letters were sent out and contained the application and hearing dates information along with direct contact information for staff and instructions for how to submit comments. Agencies Comments: The following agencies provided comments on this application: Office of Building Safety–The proposed use of the structure as a special events venue will require a building code change of use. Roanoke County Transportation–The entirety of Timberview Road is identified in the 2020 Rural Bikeway Plan for future bicycle accommodations. Economic Development–Economic Development supports the Special Use Permit request for a wedding venue onTimberview Road in the Catawba district. The proposed use is consistent with the economic developmentgoals of the County to enhance the tax base, provide employment opportunities and create new specialtyevent venues in desirable locations. Creative and unique event space will also support tourism development,while attracting corporate retreats to the County in close proximity to the Wood Haven Technology Park andthe region's urban core. Fire and Rescue–This project will not adversely impact the services that Fire and Rescue provides. However, depending uponhow the Office of Building Safety classifies the space/property--change of use, new construction, etc.—fireflow and access requirements may need to be addressed and yearly fire inspections performed. Parks and Recreation-There are two Hinchee Trail crossings on Dutch Oven Road and Timberview Road nearthe Electric Road/Route 419 intersection. These trail crossings are not in close vicinity to the proposed special event venue; however, the vehicles traveling toand from the facility will cross them Solid Waste–Thisaddress would be eligible for two automated containers under our ordinance. The ordinance onlyallows two containers per residential address even with a business attached. If it solely becomes a businesslocation -they could have one additional container. These containers would be used only for baggednominal trash (food waste etc.). We do not pick up any boxes, extra bags, brush or other bulky items frombusinesses (per the ordinance). I believe the volume of trash out of a facility such as this 4 would require theprocurement of private dumpster service. Western Virginia Water Authority–There are no WVWA facilities for this address and would need to utilize well and septic for this parcel. Stormwater–There are no floodplain concerns. VDOT–We have reviewed the above mentioned special use request. The Department has no comments on this request. It appears from the information provided that use of this residence as a wedding venue and the proposed use of a shuttle service will not adversely impact the VDOT right of way. Any future expansions or redevelopment of the parcel or alteration to the existing drive may require VDOT review, approval, and permitting. 4.CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is mostly Rural Preserve.Rural Preserve is afuture land use area of mostly undeveloped, outlying lands. These rural regions are generally stable and require a high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas.The proposed special events facility use is consistent with the Rural Preserve future land use designation. Asmall portion of the property is designated Transitionon the Future Land Use map. Transition is afuture land use area that encourages the orderly development of highwayfrontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses.The proposed project is also consistent with the Transition future land use designation. 5.STAFF CONCLUSIONS Zye and Gaven Reinhardtarerequesting a special use permit in an AR, Agricultural/Residential, District to operate a special events facility. A wedding venue is proposed for the site, on which there is currently a single-family residence. The proposed project is consistent with the Rural Preserve future land use designation, as well as the Transition future land use designation. When reviewing a special use permit adverse impacts shall be considered as well as the design, scale, use and operation of any proposed use and how well the proposed use conforms to the County’s Comprehensive Plan as well as the purposesof the Zoning Ordinance. The Planning Commission may want to consider conditions to mitigate any impacts raised during the publichearing. These conditions could include, but not be limited to, the following:lighting, screening and buffering, hours of operation, concept plan conformance, size limits, number of events, and limiting the area on the property for the use. CASE NUMBER: #3-2/2021 PREPARED BY:Isaac Henry HEARING DATES: PC: February 2, 2020 BOS: February23, 2020 ATTACHMENTS:Application Materials Aerial Map Zoning Map Future Land Use Map Photographs 5 AR Zoning District Regulations Rural PreserveFuture Land Use Designation Transition Future Land Use Designation Public Comments 6 ForStaffUseOnly CountyofRoanoke CommunityDevelopment Ebufsfdfjwfe;Sfdfjwfecz; Planning&Zoning Bqqmjdbujpogff;QD0C\[Bebuf; 6315CfsobseEsjwf QPCpy3:911 Qmbdbsetjttvfe;CPTebuf; Spboplf-WB35129 )651*883.3179GBY)651*887.8266 DbtfOvncfs ALLAPPLICANTS Difdluzqfpgbqqmjdbujpogjmfe)difdlbmmuibubqqmz* x RezoningSpecialUseVarianceWaiverAdministrativeAppealCompPlanReview (15.2-2232) Bqqmjdboutobnf0beesfttx0{jqHbwfoSfjoibseu4255UjncfswjfxSe3512:-651.9:3.8875 \[zfSfjoibseu3986UjncfswjfxSpbe-3512:-651.315.8194 Pxofs“tobnf0beesfttx0{jqQipof$; Xpsl;``````````````````````` NbslSfjoibseu-3986 GbyOp/$;``````````````````````` Ujncfswjfxspbe-3512:- 651.872.384: QspqfsuzMpdbujpo NbhjtufsjbmEjtusjdu;Dbubxcb 3986Ujncfswjfx Spbe-3512: DpnnvojuzQmboojohbsfb; UbyNbqOp/;137/14.12.29/11.1111 Fyjtujoh\[pojoh;Bhsjdvmuvsbm Tj{fpgqbsdfm)t*;Bdsft;41bdsftFyjtujohMboeVtf; REZONING,SPECIALUSEPERMIT,WAIVERANDCOMPPLANREVIEWAPPLICANTS(R/S/W/CP) (15.2-2232) Qspqptfe\[pojoh;TqfdjbmVtfQfsnju QspqptfeMboeVtf;Xfeejohwfovf Epftuifqbsdfmnffuuifnjojnvnmpubsfb-xjeui-boegspoubhfsfrvjsfnfoutpguifsfrvftufeejtusjdu@ x ZftOp IFNO,AVARIANCEISREQUIREDFIRST(Rezoning). EpftuifqbsdfmnffuuifnjojnvndsjufsjbgpsuifsfrvftufeVtfUzqfjoBsujdmfJW)TqfdjbmVtfQfsnju*@ZftOp x IFNO,AVARIANCEISREQUIREDFIRST Jgsf{pojohsfrvftu-bsfdpoejujpotcfjohqspggfsfexjuiuijtsfrvftu@ZftOp VARIANCE,WAIVERANDADMINISTRATIVEAPPEALAPPLICANTS(V/W/AA) Wbsjbodf0XbjwfspgTfdujpo)t*````````````````````````pguifSpboplfDpvouz\[pojohPsejobodfjopsefsup; `````````````````````````````````````````````````````````````````````````````````````````````/ Bqqfbmpg\[pojohBenjojtusbups“tefdjtjpoup```````````````````````````````````````````````````````/ BqqfbmpgJoufsqsfubujpopgTfdujpo)t*;`````````````pguifSpboplfDpvouz\[pojohPsejobodf BqqfbmpgJoufsqsfubujpopg\[pojohNbqup``````````````````````````````````````````````````````````/ Jtuifbqqmjdbujpodpnqmfuf@Qmfbtfdifdljgfodmptfe/APPLICATIONWILLNOTBEACCEPTEDIFANYOFTHESE ITEMSAREMISSINGORINCOMPLETE/ R/S/W/CPV/AAR/S/W/CPV/AAR/S/W/CPV/AA Dpotvmubujpo9203#y22#dpodfquqmboBqqmjdbujpogff BqqmjdbujpoNfuftboecpvoeteftdsjqujpoQspggfst-jgbqqmjdbcmf KvtujgjdbujpoXbufsboetfxfsbqqmjdbujpoBekpjojohqspqfsuzpxofst JifsfczdfsujgzuibuJbnfjuifsuifpxofspguifqspqfsuzpsuifpxofs“tbhfoupsdpousbduqvsdibtfsboebnbdujohxjuiuiflopxmfehfboe dpotfouguifpxofs/ Pxofs“tTjhobuvsfNbslSfjoibseu 3 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The request is for a special use permit that will allow my colleagues and I to operate a special use facility. The special use facility that we are inquiring is a wedding venue. As well as a wedding venue we will also be hosting business parties and other small functions during our colder months. This request will help maintain the natural forests located on the property of the venue due to the fact that we will not be destroying or changing the scenic beauty located in this region. Our main goal is to highlight/elevate the natural beauty around our venue to help our guests appreaciate all that roanoke has to offer. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. No longer will this residence be a home to few but a beautiful wedding destination to many, providing memories that will last a lifetime. The wedding venue conforms to the Roanoke community plan by ensuring scenic beauty within our blue ridge mountains. The wedding parties traveling from far and wide will come into contact with our gorgeous scenery and may possibly fall in love with this area, ensuring future tourists. These weddings will help promote many different religions from far and wide, showing that Roanoke is an inviting area to all types of people. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The property will experience a high volume of citizens on many given weekends. As neighbors we have reached out to the adjoining properties ensuring that traffic will be limited on Timberview road as well as music will be discontinued after 10pm when the weddings will end (our lovely neighbors on the road have given us support in this endeavor). The venue is sitting on a private well and sewage system. We plan on having two shuttle busses in order to limit traffic on Timberview road so that we can provide safety to our neighbors. Near the venue resides 3 hotels which will allow out of town guests to stay within close proximity to the venue and help Roanoke county economic growth. Attached is a post to the neighbors indicating our plans for the venue and their support/concerns. 35 members of the road belong to this Facebook group. Neighbors comments continued Neighbors comments continued.... Neighbors comments continued... Neighbors comments continued.... Concept plan Chateau de Laurea The first three pictures listed are concept plans for the ceremony facility that is located next to the chateau. We will have two bathrooms as well as a catering room and storage on a small part of the ceremony facility. Next attached to this form is the concept floor plan for the ceremony room located next to the pictures above. The following is a picture of how traffic flow will occur when people are being shuttled from the Salem park and ride to the venue. The shuttle bus will pull up the driveway (black outlined portion) drop the passengers off and drive around the back next to the wedding chapel and down the hill to another driveway (the dark grey figure drawn). Pictures below also indicate where the pathway is at the back of the chateau. Next to the Chapple the wedding party will be parked (the green grass along side the hill). The following pictures is the outside of the chapel showing parking for vendors and the road that will allow the shuttles and vendors to travel without hindering traffic to the main building. (Parking for the vendors) The road that will travel alongside the back of the chapel meeting Timberview Road. Lastly We would like to show a few pictures of the inside of the house Catawba Site Subject Catawba Site Subject Catawba AR District Regulations SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT. ! Sec. 30-34-1. Purpose. ! )B*!Uiftf!bsfbt!bsf!hfofsbmmz!dibsbdufsj{fe!cz!wfsz!mpx!efotjuz!sftjefoujbm!boe!jotujuvujpobm! vtft!njyfe!xjui!tnbmmfs!qbsdfmt!uibu!ibwf!ijtupsjdbmmz!dpoubjofe!bhsjdvmuvsbm!vtft-!gpsftu! mboe!boe!pqfo!tqbdf!pvutjef!uif!vscbo!tfswjdf!bsfb/!Uiftf!bsfbt!qspwjef!bo!pqqpsuvojuz! gps!svsbm!mjwjoh!jo!dpowfojfou!qspyjnjuz!up!vscbo!tfswjdft!boe!fnqmpznfou/!Bhsjdvmuvsbm! vtft!tipvme!cf!fodpvsbhfe!up!cf!nbjoubjofe/!Pwfs!ujnf-!ipxfwfs-!uiftf!bsfbt!bsf! fyqfdufe!up!cfdpnf!jodsfbtjohmz!sftjefoujbm!jo!dibsbdufs-!xjui!sftjefoujbm!efwfmpqnfou! cfdpnjoh!uif!epnjobou!vtf!pwfs!bhsjdvmuvsbm!boe!npsf!svsbm!uzqf!vtft/!Uif!qvsqptf!pg! uijt!ejtusjdu-!dpotjtufou!xjui!uif!Svsbm!Wjmmbhf!mboe!vtf!dbufhpsz!jo!uif!dpnqsfifotjwf! qmbo-!jt!up!nbjoubjo!uiftf!bsfbt!fttfoujbmmz!jo!uifjs!svsbm!tubuf-!dpotjtufou!xjui!uif!mfwfm!pg! tfswjdft!boujdjqbufe!cz!uif!dpvouz/!Uiftf!bsfbt!bsf!hfofsbmmz!tvjubcmf!gps!mpx!efotjuz! sftjefoujbm!efwfmpqnfou!boe!puifs!dpnqbujcmf!mboe!vtft/!! ! )Pse/!Op/!738:6.21-!7.38.:6<!Pse/!Op/!1538::.22-!¨!2g/-!5.38.::<!Pse/!Op/!153319.27-!¨!2-!5. 33.19*!! ! 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From:Isaac Henry To:Susan McCoy Date:1/25/2021 2:44 PM Subject:Reinhardt comments .ĻƷƷǤ ağƷƷŷĻǞƭ aƚƚƩĻ \[źǝĻƭ źƓ ŷĻ ‘ƚƚķƌğƓķƭͲ –Ͳ ƚǞƓƭ ƦğƩĭĻƌ ğĭƩƚƭƭ ƭƷƩĻĻƷ ΛƓƚ ğķķƩĻƭƭ ƦƚźƓƷ ğǣ L5 ϔ ЉЋЏ͵ЉЊΏЉЊΏЊЌ͵ЉЉΏ ЉЉЉЉΜ L ğƒ ǞƚƓķĻƩźƓŭ ğĬƚǒƷ ƌźğĬźƌźƷǤ źƓƭǒƩğƓĭĻͲ źŅ ƭƚƒĻƚƓĻ ŭƚĻƭ ƚƓ ƒǤ ƦƩƚƦĻƩƷǤ ğƓķ źƓƆǒƩĻƭ ƷŷĻƒƭĻƌǝĻƭͲ Ǟźƌƌ L ĬĻ ƌźğĬƌĻͪ L ŅĻĻƌ ƷŷğƷ ŷğǝźƓŭ ĻǝĻƓƷƭ ğƷ Ʒŷźƭ ŷƚǒƭĻ Ǟźƌƌ ƌƚǞĻƩ ƷŷĻ ǝğƌǒĻ ƚŅ ƒǤ ƦƩƚƦĻƩƷǤ͵ L ğƒ ğŭğźƓƭƷ ğƌƌƚǞźƓŭ Ʒŷźƭ ƭƦĻĭźğƌ ǒƭĻ ƦĻƩƒźƷ͵ From:Liz Belcher To:Philip Thompson Date:1/28/2021 1:12 PM Subject:Fwd: \[EXTERNAL\] - Timberview Road, Roanoke County, Concerns Attachments:timberview 1 pdf.pdf From:Isaac Henry To:Susan McCoy Date:1/25/2021 2:44 PM Subject:Reinhardt comments .ĻƷƷǤ ağƷƷŷĻǞƭ aƚƚƩĻ \[źǝĻƭ źƓ ŷĻ ‘ƚƚķƌğƓķƭͲ –Ͳ ƚǞƓƭ ƦğƩĭĻƌ ğĭƩƚƭƭ ƭƷƩĻĻƷ ΛƓƚ ğķķƩĻƭƭ ƦƚźƓƷ ğǣ L5 ϔ ЉЋЏ͵ЉЊΏЉЊΏЊЌ͵ЉЉΏ ЉЉЉЉΜ L ğƒ ǞƚƓķĻƩźƓŭ ğĬƚǒƷ ƌźğĬźƌźƷǤ źƓƭǒƩğƓĭĻͲ źŅ ƭƚƒĻƚƓĻ ŭƚĻƭ ƚƓ ƒǤ ƦƩƚƦĻƩƷǤ ğƓķ źƓƆǒƩĻƭ ƷŷĻƒƭĻƌǝĻƭͲ Ǟźƌƌ L ĬĻ ƌźğĬƌĻͪ L ŅĻĻƌ ƷŷğƷ ŷğǝźƓŭ ĻǝĻƓƷƭ ğƷ Ʒŷźƭ ŷƚǒƭĻ Ǟźƌƌ ƌƚǞĻƩ ƷŷĻ ǝğƌǒĻ ƚŅ ƒǤ ƦƩƚƦĻƩƷǤ͵ L ğƒ ğŭğźƓƭƷ ğƌƌƚǞźƓŭ Ʒŷźƭ ƭƦĻĭźğƌ ǒƭĻ ƦĻƩƒźƷ͵ David J. Lofgren 3024 Timberview Road Roanoke, VA 24019-6512 January 28, 2021 Roanoke County Planning Commission 5204 Bernard Drive Roanoke, VA 24018 RE: Hearing for Special Use Permit -Reinhardt, 2875 Timberview Road; Feb 2, 2021 Messrs. James, Henderson, Woltz, Bower and McMurry; Iam submitting theseformal comments regarding the applicationfor a Special Use Permit (SUP), byMark Reinhardt,to hold special events athis current residential home on Timberview Road,Zoned AR (agricultural/residential), that isadjacent to private homesZoned AG-3 (residential/rural preserve).I’veknownDr. Reinhardt and his family asfriendly good neighbors for over 20 years. His family home is beautiful and could easily support a wedding venueand similar events. However, my concernsfocus around the larger questionofwhether a commercial venture in the midst of along standing rural family community sets a detrimental precedent. Approvalcould easily invite interest in more commercial developmentthat further stretchescurrent zoning parameters andcompromisesthe tranquil lifestyle and safety of current residents.Significantly, county Code Section 30-34-1.,Purpose AR Agricultural/Rural District,states,“The purpose of this district…is to maintain these areas essentially in their rural state.” BACKGROUND: The Timberview Road area is well known to the Commission having been thoroughly examined during a recent 2020 hearing application topermitnew commercial activity in this same area (application subsequently withdrawn). Toreview, this area is composed of residential family homes on mostly larger acreage lots, all accessed only by narrowandtorturous Timberview Road, which has no outlet (dead ended). There are no commercial properties that use Timberview Road.\[Note: Loch Haven Lake Club partially borders Timberview Road, but all publicaccess is solely from Loch Haven Drive\]There are just two propertiesonTimberview Roadthat are not residential or forestedwithout structures: Sherwood Archers isamemberonly not-for-profit archery club on 89 acres,is not open to the public, does not allow private events,and hasgated access. Carvins Cove Natural Reserve recreation area, with hiking/biking trails and parking lot,is developed andmanaged by the Roanoke City Department of Parks and Recreation andislocated wholly beyond the dead end of Timberview Road, withinthe Carvins Cove watershed. 1 CONCERNS:The principle concerns are two -the safety of residents; and establishing a commercial development precedent. There are many associated questions/concerns that the application does not address, or only partially addresses. Thesesalient concernsfollow: 1.Roadway and ResidentialSafety-Only recently repaired and postedwith a speed limit, Timberview Road remains a very narrow road, with no shoulders, pavement markings/delineations and many blind hills and curves. a.VDOT has no plan to upgrade/improve Timberview Road. b.The SUP application states “The property will experience a high volume of citizens on many given weekends”which coincideswiththe highest traffic by non-residents using the Carvins Cove Natural Reserve and the Sherwood Archers Club, magnifying traffic risks. c.The SUP application states a closing time of 10:00 pmthat is proximate to the closing times of Carvins Cove Natural Reserve and Sherwood Archers, which could lead to increased nighttime traffic and driving hazards. d.The SUP application does not provide estimates for the anticipated size of events, the number of attendees and vehicles, including supporting staff and vehicles (caterers, etc.). Is there a business plan with estimates for event attendance? The SUP application anticipates“high volume” attendance, but is that 100 or 1,000. What is the countyFire Marshall’s determination for the maximum facility capacity? e.The SUP application states shuttle buses are planned for reducing traffic; however, it is unlikely that event attendees dressed in finer clothing and bearing gifts, will choose to travelto a public parking lot and transfer to a bus. Driving directly to the wedding venuewill be far more comfortable and convenient, especially in summertime heatwhenthe SUP application estimatesfor most wedding eventsand also the seasonfor greatest use of the Carvins Cove Natural Reserve and Sherwood Archers. f.Historically, due to poor road conditions that are similar to Timberview Road, Valley Metro refused a charter bus request for a Roanoke College group to attend an event in the Bennet Springs area of Roanoke County. g.Parking on/along Timberview Road would be prohibitive.TheSUP application does not address parking to accommodate those attendees not taking the shuttle buses, nortraffic and parking controls. 2 h.There is no mention in the SUP application regardingserving alcohol at proposed events, although consuming intoxicating beverages isextremely typical for wedding receptions. Afor-profit wedding venture where alcohol is not allowed would probably not bevery popular. Whether alcohol is served as part of the event, or broughtby participants, intoxicated driving on Timberview Road is an extremely dangerous scenario. 2.Precedent setting for further commercial development: This concern is fairly self- explanatory. Specific pointsfollow: a.At present, there are no commercial facilities or activities accessed by Timberview Road. The proposed property conversion from private residence to commercial use would be a precedent setting action for this rural residential community. b.Approval of the SUP application would encroach on the long held and codified character of this rural residential community. c.The application narrative states thatother events, such as “hosting business parties and other small functions” are included inthe SUP application, but there is no further explanation. If approved, this open ended caveat could unintentionally stretch the SUP provisions and lead to further precedent setting commercial activity not within the intended scope of asingle activity zoning exception, i.e., wedding venue. Summary/Recommendation: 1.There are many unaddressed/unansweredconcerns associated with this SUP application. 2.Noteworthy are thecounty SUP guidelines that state, “Special use permits are generally subject to certain standards or conditions to ensure that the use is appropriate to the area.” 3.If approval of this SUP application is contemplated, a comprehensive listing of standards and conditionsshould be developed and made part of the Planning Commission’s approvalrecommendation; however, this listingcannot be properly developed until, at a minimum, the concerns stated above are resolved. Sincerely, David J. 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Ujncfswjfx!Spbe/!!Ju!xjmm!cf!efusjnfoubm!up!uif!dpnnvojuz/ Uibol!zpv!gps!zpvs!dpoujovfe!tfswjdf!boe!tvqqpsu!up!pvs!dpvouz!pg!Spboplf/ Cftu!sfhbset- Tboesb!Hbstu!Ivoufs January 30, 2021 Re: Planning Commission Hearing on February 2, 2021 Zye and Gaven Reinhardt land use application Dear Sir: I am writing in response to a notification dated January 13, 2021 (not received until January 23, 2021) regarding a land use application request. Please accept the following considerations when deciding to approve or deny this application: History: Timberview Rd is a rural lifestyle community. My family has owned land on this street for over 100 years. The community on this road has watched the number of residences increase over the past 40 years due to the rural nature and the beauty of the area. Roads: Timberview Rd began as a wagon trail. In the winter months there was a large gate located in an area before arriving at the Reinhardt property that was locked when winter began and was opened when spring arrived. This gate was to prevent anyone from going beyond that point. About 40 years ago (when we built our home on Timberview), the road was covered with a mixture of gravel & tar & later covered with asphalt. The culverts have not been updated to accommodate the run-off from the many creeks that are seen on the road and are now failing. Recently, a 12 foot culvert had to be replaced when the road was undermined by storm-water overflow at our driveway entrance. I had called the local VDOT office to report places where the road was “sinking”. Several drive-by inspections yielded zero effort. The result was a 2 day road closure to traffic. That resulted in cancelled doctor appointments, etc. The road has no fire hydrants, is narrow and a fire truck would need the entire road to respond to emergency calls. Access: We have only one way into our community and one way to exit our community to get to Dutch Oven Road. Once on Dutch Oven Road, there is only one way to exit to Route 419. The bridge that allowed exit on Route 311 was allowed to deteriorate and became unsafe and was closed. When Virginia Tech has an activity, this causes Interstate 81 traffic to slow to a crawl; therefore, traffic “takes the back way” by getting off at our Exit 141 and using Blacksburg Road to get to Tech. You’ve added the traffic from the Allstate building, the new apartments constructed on Cove Road and the traffic from the APCO building. So, we have several issues – when the road is closed for repairs, there is no exit or entrance to your residence. The event dedicating the park on Dutch Oven caused the road to close to through traffic limiting our access to our homes, access for Emergency vehicles and buses. There are also trees that block the road when they frequently fall (some residents carry a chain saw in their vehicles during the winter knowing there is a possibility of having to clear the road). Parking for Hinchee park sometimes overflows onto the sides of Dutch Oven road. Land Use: This community is zoned Agriculture/Residential. Currently located on the road is Sherwood Archery (additional traffic and noise for scheduled events), the back entrance to Loch Haven Country Club (has events such as weddings, receptions, family outings, etc) and recently we have the Hinchee Trail opened. There are many bikes and runners using the road (not the designated Hinchee Trail). Everyone in my family has been “run off the road” by someone, with bikes being carried on their car, who are unfamiliar with the topography of the road. Problems would arise with the activities generating noise. Noise would be amplified in this little valley. There is insufficient parking, requiring parking areas, bathrooms, electrical upgrades and construction of facilities changing the community forever. Taxes/Services: We have very few services provided by Roanoke County – trash pick-up, policy and fire coverage and schools/school buses for those with school age children. Promised high speed internet service has not been provided even though we were told it would be available several months ago. Other sections of the county did receive these services. Yet, our real estate taxes continue to increase. What impact will approving this application have on our taxes? Conclusion: This road cannot support additional traffic and with potential alcohol involved, is ripe for accidents. The community promotes a rural lifestyle for those looking for it. It is zoned agriculture/residential and should remain so, without commercializing the community. Please deny the request. Thank you, John and Barbara Cosgrove 2610 Timberview Rd Roanoke, VA 24019-5914 Document for presentation at Roanoke County’s Public Hearing, February 2, 2021 I am here tonight because Zye and Gaven Reinhardt have applied for a Land Use Application Request to obtain a special use permit for a Special Events Facility on property zoned AR Agricultural/Residential located at 2875 Timberview Road. It is the property owned by Dr. Mark and Susan Reinhardt. As background, many of you know, I am Bruce Allen Watson. Jane and I own property directly across Timberview Road from the Reinhardt property. Between two and three months ago, Dr. Reinhardt and I met briefly near my mailbox. He explained to me that his family had recently hosted a wedding at his house. He wanted to know if I had noted any difficulty with traffic or noise on the day of the wedding. My answer was that I had noted no disturbance at all. I did not even know they hosted the wedding. In order to prevent a lot of traffic, he said they had picked up the guests from a parking lot, using a shuttle bus. He indicated they planned to host other weddings in the future. From that day until I read the letter from Roanoke County regarding this public hearing, I heard nothing else about their future plans. Saturday morning, January 30, 2021. I called Dr Reinhardt to ask about their plans. He said there would be no problem with traffic for their future events because they would continue to use shuttles. Roanoke County’s letter made it sound to me like they were also asking permission to have music concerts and music festivals. Assurance was given me that there were no plans for those activities. My comment was that I believed he would do what he said. My question was what will happen in the future when the property owne’rs change? Would there be a legal document which would prevent future owners from hosting some of the other options in the application. I felt some of the possible events could cause disturbance in our community? To me, there would be a huge difference between hosting a wedding, and hosting a music concert or music festival, which are both mentioned in the application. Dr. Reinhardt indicated that there is presently nothing in writing that would prevent present or future owners from hosting a musical concert or festival. He assured me that it would not happen as long as he owns the property. I believe him. I think we do not have to worry about music concerts or music festivals while he is in charge. My concern is what will happen when he, or his family, no longer own the property? I am uncertain if the Reinhardt’s have hosted more than one wedding. I think it is commendable that they have used shuttles to prevent traffic problems in the neighborhood. Transporting guests by shuttle is not mandated by the application request. A large city bus, used as a shuttle, must be costly. Will future owners of what is now the Reinhardt property, continue to pay for shuttles, since shuttles are not mandated? After my conversation with Dr. Reinhardt, I tried to play catch up. I only learned about the application when I read the Roanoke County letter the day before, which was last Friday, January 29. Although there had apparently been considerable discussion in the community, nothing was said to me or my wife. Today makes the fourth day I have known about it. I am uncertain of the practical difference between granting a zoning variance , and granting a change for land use so people are allowed to do different things with their land than they were with their original Land Use Agreement. (such as the one now under consideration). When the Land Use Agreement is allowed to change by the municipality, to me, as a non lawyer person, it seems similar to allowed a variance in a zoning law. When a land owner receives a zoning variance, it is my understanding there is a generally accepted legal principle that the zoning variance will “run with the land”. This means the variances are unaffected when the property is sold. In other words, the new owners receive the zoning variance, and all its benefits. If the request for a special events facility is granted to Zye and Gaven Reinhardt, the residents of Timberview need to know if that grant will “run with the land” like a zoning variance. If it does, and future owners can use those same benefits, the futureowners would be allowed to host any type of events that were granted in the original application. Under those circumstances, it appears to me that even music music festivals and music concerts would be allowed. There is no limit mentioned in the application as to how many people can attend. The continued use of a shuttle would be at the discretion of the future owners. It the decision were made to stop the shuttle at some point in the future, guests could be allowed to drive directly up Timberview Rd to the venue on the Reinhardt property. I would like for the planning commission to inform us whether or not the types of events that can be hosted as mentioned in this application will “run with the land” to future owners, if the present application is approved by the Department of Planning. I have already mentioned, and will mention several more rimes that the Land Use Application for the facility does not appear to limit the number of guests in any way. That may be the most important point I will make. If I am in error with that statement, please correct me. That should be a concern for all of us. Would the limit be just few, fifty, a hundred, or even greater? If a popular band were to perform a concert, could thousands attend? In the application, the number of guests allowed appears unlimited. Other questions arise. To my knowledge, Timberview has no public water or sewage. If we have had rain for days, and an event is hosted, will the septic system handle the extra sewage? Could ground saturation from excessive rain allow sewage run off, and possibly create an environmental hazard? Are porta potties going to be required? If an accident occurs with shuttle bus involvement, will the owners of the facility be liable for any damages and injuries? How about if a guest is traveling late and misses the shuttle. If he or she decides to drive to the facility, who will be liable if an accident occurs.? Are the Reinhardt’s prepared with liability insurance if they are sued because of a mishap? I understand Saturdays are the most popular days for weddings. We have considerable bike traffic on Saturdays. How would it be to drive down Timberview and encounter a bike and a full size shuttle bus going in the opposite oreven the same direction, and at the same time? Many times I pull over and stop when facing oncoming traffic, especially near a mailbox, and when facing a large oncoming vehicle. I think we all agree Timberview is a rather narrow road. Do we want to have to pass a large oncoming (full size) shuttle bus? If the Park and Ride at Exit 140 is used for guest parking, are events going to be planned when Virginia Tech has a home game? I have seen that parking lot overflowing on some of those days. I think the city of Salem maintains that Park and Ride. When a business uses the Park and Ride for the purpose of making money, does Salem require a fee, or is special permission required? What will be the days and times of operation? Do the plans include hosting events only on weekends and holidays? What is the latest time the facility will be open? Will outdoor live bands or D J’s be allowed at weddings or other events? They would certainly cause a lot of noise disturbance in the neighborhood. Dr. Reinhardt said wine and beer will be allowed. While the alcohol content of beer and wine is less than of hard liquor, intoxication can still occur. Using the shuttle would eliminate driving under the influence on Timberview. The threat would still exist because the guests may still be under the influence when they drive away from the Park and Ride. The shuttle would not stop the driving under the influence; only shift it to another place. Since the traffic is much heavier on route 311 than Timberview, it may be more hazardous for drivers to leave from the Park and Ride, than if they just left the reception from the Timberview facility. Certainly, many more drivers would be encountered on 311, than on Timberview. I think many of you feel as I do. I like living on Timbeview, better than any place I have ever lived. We are in the mountains on a dead end road with trails nearby, and near an approximately 13,000 acre conservation easement that will never be developed. Yet we can be at Valley View Mall in ten to fifteen minutes. Do we really want any type of business to be located right in the middle of this fantastic neighborhood that could affect our peaceful coexistence? Once any type of commerce is allowed, it will change things forever. I truly believe Dr. Reinhardt would do everything he could to maintain our peaceful neighborhood. The problem is that a special events facility does not care who owns it. It will allow options for activities that I doubt any of us want. Again I repeat, the application does not indicate a limit on the number of guests allowed. Does anyone want that to be an option in our neighborhood? For most of us, our homes are the single most expensive asset we own, and for that matter will ever own. Did any of the applicants or their families check with a real estate appraiser to ask how a business like the one proposed would affect the home values of your neighbors? Learning that would have been my first priority. For me personally, I do not think I have the right to bring a business into the neighborhood that could adversely affect the value of my neighbor’s property. I thought it would be important to know how the proposed special events facility could affect our real estate values. I consulted two real estate professionals: a retired real estate appraiser with decades of experience, and a presently working real estate broker who owns his own firm. The two of them are familiar with real estate on Timberview. Both of them said the special events facility as requested in the application would almost certainly cause a decrease in our real estate values. The decreased value could be along the whole Timberview Road. The decreased value would probably be greater in the area between the proposed facility and 419, where the traffic could be heavier. They took into consideration what the special events facility would allow; things like the types of events listed on the application, a facility without limits on number of guests, the potential that future owners may hold events and provide no shuttle, which would cause increased traffic and the. They also considered noise that could accompany these events, especially if music concerts and music festivals were allowed. I wanted to know how the proposed special events facility could affect our real estate values. I consulted two real estate professionals: a retired real estate appraiser with decades of experience, and a presently working real estate broker who owns his own firm. The two of them are familiar with real estate on Timberview. Both of them said the special events facility as requested would almost certainly cause a decrease in our real estate values. The decreased value could be along the whole Timberview Road. It would especially be a threat in the area between the proposed facility and 419, where the traffic could be heavier. They considered what would be allowed (the things listed in the application) if the application is granted: A facility without limits on number of guests, the potential that future owners may hold events and provide no shuttle, causing increased traffic, and the noise that could accompany such events, especially if music concerts and festivals are allowed. Dr. Reinhardt said they are not going to host some of those things. But if there are no plans to use them, why even have them listed in the application? There is no assurance that future owners will or will not host any and all of those events. The two real estate professionals I consulted said the closer our homes are to the facility, the greater the potential decrease in our appraised values. On Saturday, Dr. Reinhardt told me he had previously checked with some of the nearby neighbors and they said they would be alright with the special events facility so close to them. I am one of the neighbors closest to the propose facility, and I was not consulted. I wonder if the neighbors consulted would have been agreeable with having the facility, had they known their property values could decrease. Because of location, the real estate professionals said the home closest to the proposed facility, owned by Kathy and Earl Ashby, likely would be the home whose value would drop the most Of the closest houses to the proposed facility, whose equity will likely decrease the most, three of those houses belong to relatives. Jane’s and my house is the about the fourth or fifth closest. I encourage you to choose your own real estate specialist to see if he or she will confirm or refute what my consultants said. Who knows how the equity in our homes will be used in the future? Are nursing homes in our future? Will we need a reverse mortgage to provide for our cost of living? As we get older, will we need to sell our house and buy a patio home for easier living? Remember we can sell our homes without tax consequence. Even a five to ten per cent devaluation would cost us thousands. In summary, the real estate professionals I consulted indicated our homes, the most important and most expensive investments we will likely ever have, will almost certainly decrease in value if the facility is allowed. There is absolutely no chance the facility will do anything to increase the value of our homes. Only the family making the request has something to gain. Because of its potential adverse affect on so many people, I cannot possibly be in favor of approval of this application. I think it is an important point that the value of our homes does not have to actually decrease, but just to have the potential for decrease. I think the word “potential” is an important one. Do any of us want to have a business in the neighborhood that has the potential to decrease our home values? The only way to find out for sure would be to let the business be established and find out what happens. Do any of us want to take that chance? I think not. I urge the Planning Commission to deny this application. Respectfully, Bruce Allen Watson 2860 Timberview Rd. Roanoke, VA 24019 Roanoke County Board of Supervisors Re: Mark Reinhardt request for special use permit for Wedding venue February 23, 2021 Board of Supervisors meeting My name is Paula Jones. I live at 3324 Timberview Rd I, like Mark Reinhardt, am a long time resident of Timberview Road, having built my house and moved in during February of 1983. Mark's current house was built to replace the one that burned down many years ago and is, by far, the largest house on Timberview Road. Due to its size, I had always wondered what future plans Mark might have for his house, and now I know. I think Mark's house would make a nice wedding venue. However, there are some items that make this a difficult, if not impossible, venture--the current amount of traffic on this road and the current state of Timberview Road. As Mark stated at the Planning Commission meeting, when he moved onto Timberview Road there were only a few residents past him--in fact there were 4, one of which was often vacant as it was a rental. Since that time; until present, an additional 15 homes have been established with another just now being started. In addition to those homes, 4 others have been built across from Mark. In the one and three quarter miles before Mark's house, where there were once only three homes, there are now 12 additional homes. Only the first half mile of the road has fewer homes that were built after Mark's than what was there before Mark's house. In spite of the increase in houses on Timberview, very little has been done by VDOT to accommodate the increase and address the road's safety issues. With more homes, comes more traffic. In total there are about 57 homes on Timberview Road. If you consider an average of 2 vehicles per home and each person drives one round trip per day, that works out to 228 vehicles on the road per day for just the residents. Mark says his venue will only hold 250 people. He has offered to buy a bus that holds 25 people to transport everyone to the wedding to cut down on the amount of traffic on the road and the possibility of drunk driving. Some people will drive, such as the wedding party, caterers, photographer, and musicians. With that in mind, let's say he has 200 people to transport in the bus. It will take 8 round trips to get that number there. Mark has told us they will begin transporting people an hour before the wedding. It takes about 5 minutes to safely get to the beginning of the road from Marks, maybe another 5 minutes to get to where he is picking up people, 5 minutes to load them and then reverse the process (30 minutes per load of 25 people). That means in an hour he will only be able to transport 50 people. So, in order to make this work he has to start hours before the wedding or secure several more buses and qualified drivers. If he then decides to allow everyone to drive and you figure 2 people per vehicle (125 vehicles) and they want to get to the venue within 30 minutes of the event, we are looking at one vehicle every 14 seconds coming down Timberview Road. That also brings up the question of where will that many vehicles park and the obvious risk of drunk driving. There is no way that Timberview Road can support this kind of traffic. The buses he proposes to use will take up more than half of the road as the road is only 14-16 ½ feet wide in most places (yes, I walked it and measured it in random places--the first half mile of the road may be even narrower). In addition to the narrowness, there are many twists and turns and blind rises that make this road dangerous. In fact, my daughter was run off the road by a large van that only carried 12 people, not the 25 that Mark proposes. Fortunately, she was not hurt, but her car was too damaged to drive. Besides the road being so narrow, there are virtually no shoulders. So if you do meet someone, there is often no place to pull off. Another thing to consider with the narrowness of the road is the ability for emergency vehicles to get thru. If there is an emergency on the road on a day that Mark is having an event, that vehicle may be unable to get to the emergency due to all of the traffic that it encounters and no way to get around it due to the road conditions. Mark said he would only hold events on the weekends (Friday/Saturday). This is also the busiest traffic days on Timberview Road due to the trails at both ends (the Hinchee Trail and the trails at Carvins Cove). These trails are accessed all week, but the traffic on the weekends is far worse. As both parking lots are fairly small, drivers fly down the road to hurry there to get a spot. Many of the vehicles are trucks and suvs so they can carry all of their equipment. Also, we often have groups of bikers that ride from the beginning of the road, to the trails at the end (anywhere from 3-30 bikers in a group). People who hike the Hinchee trail often don’t use the first part of the trail that parallels Timberview, but opt to walk on Timberview road instead, often with their dogs and children. The trails at the end of Timberview (Carvins Cove trails) do not close until 10:00pm which coincides with the venue's proposed closing time. I feel that Mark might be able to make this work if he could find another way to access his property other than Timberview Road, as Timberview road is just too narrow, windy, has too many blind turns, and too much other recreational traffic to support this additional traffic safely. There have been many accidents on this road, some of them fatal, and the road conditions were a heavy factor in every single one. Until a time that these conditions are made safe for all who travel on Timberview Road, or Mark secures a different entrance onto his property that does not use Timberview Road, I would ask the Board to turn down this application. From:Debbie Jacks To:Board (Debbie Jacks); Philip Thompson Date:2/11/2021 2:57 PM Subject:Fwd: \[EXTERNAL\] - February 23 meeting Attachments:Sherwood Archers letter.docx Dear Planning Commission, My name is Randy Brookshier, current vice president of Sherwood Archery club, located at 2720 Timberview road. It has come to my attention that our archery club may have been misrepresented at the recent Planning Commission meeting. I understand that one of the arguments presented at the meeting was that Sherwood Archers hosts several large events throughout the year and that it is common for us to have vehicles parked alongside the road in both directions during these events. This in incorrect. I have been a member of Sherwood Archers since 1981 when I returned to Roanoke from college. For a good portion of my tenure there I have been an officer in various positions. While, it is true that we do host large archery events; the Virginia State Indoor Tournament, The Va. State Closed tournament, the Sherwood Traditional Archers Rendezvous, and others, our attendees do not park along the road. We have a very large parking lot, that was enlarged a decade or more ago when we removed a number of large trees. We have a large driveway accessing this lot that could be used for over flow parking if needed, but our lot is large enough to accommodate the vehicles, as well as campers, which attend our events. Timberview road is narrow and is barely able to support the vehicle traffic as it is. I am sure if we had vehicles lining the sides of the road as reported, especially since our entrance is at a narrowed portion adjacent to a bridge, Roanoke County police officers would have been dispatched to rectify the situation. The only exception to this would be on the occasions that we have work parties scheduled to do maintenance on portions of the range near the road. Even then we ensure that the vehicles are well off the road to prevent an accident and usually there are only one or two vehicles present. Depending on the event, we may have vehicles parked parallel to the road, inside of our gate by the fence. But these vehicles are not parked along the road way. They are inside of our fence. With the recent increase of traffic on Timberview due to the bicycle community traveling back and forth transporting their bikes to the parking area at the end of the road, as well as the increase in bicycle traffic itself, one has to be vigilant in order to drive on the roadway. Sherwood Archers certainly wouldn’t want to exacerbate the situation by promoting, advocating or allowing parking alongside the road as it bisects out property. Thank you, Randy Brookshier VP of Sherwood Archers (540) 384-7376 Roanoke County BOARD OF SUPERVISORS : ROANOKE COUNTY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 Peter S. Lubeck Mary Beth Nash TEL: (540) 772-2071 COUNTY ATTORNEY Rachel W. Lower FAX: (540) 772-2089 Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS SAMPLE MOTIONS The petition of Zye Reinhardt and Gaven Reinhardt to obtain a special use permit in an AR (Agricultural/Residential) District for a special events facility on approximately 31.32 acres, located at 2875 Timberview Road, Catawba Magisterial District. MOTION TO APPROVE I find that the proposed special use permit: 1. Meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance; 2. Is in conformance with the Roanoke County Comprehensive Plan; and 3. Will have a minimum adverse impact on the surrounding neighborhood and community. I therefore MOVE THAT WE APPROVE the petition to obtain a special use permit with the following conditions: 1. The site shall be developed in general conformance with the concept plan submitted with the application dated January 22, 2021, subject to any changes required during the site plan review process. 2. The number of individuals at each event shall be limited to 250. 3. Parking shall be prohibited on Timberview Road. On-site parking shall be limited to 40 vehicles. 4. Hours of operation shall be limited to 12:00 p.m. to 10:00 p.m. on Fridays, and from 10:00 a.m. to 10:00 p.m. on Saturdays and Sundays. Only one event shall be allowed per day. MOTION TO DENY I find that the proposed special use permit request: 1. Is plan or good zoning practice, and/or 2. Will result in substantial detriment to the community. I therefore MOVE THAT WE DENY the request. MOTION TO DELAY ACTION I find that the required information for the submitted proposal is incomplete. I therefore MOVE TO DELAY action until additional necessary materials are submitted to the Board of Supervisors. OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 ! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 8, 2021 ORDINANCE GRANTING A SPECIAL USE PERMIT IN AN AR (AGRICULTURAL/RESIDENTIAL) DISTRICT FOR A SPECIAL EVENTS FACILITY ON APROXIMATELY 31.32 ACRES, LOCATED AT 2875 TIMBERVIEW ROAD, CATAWBA MAGISTERIAL DISTRICT (TAX MAP NO. 026.03-01-18.00-0000) WHEREAS, Zye Reinhardt and Gaven Reinhardt have filed a petition for a special use permit in an AR (Agricultural/Residential) District for a special events facility on approximately 31.32 acres, located at 2875 Timberview Road (Tax Map No. 026.03- 01-18.00-0000), in the Catawba Magisterial District; and WHEREAS, the first reading of this ordinance was held on January 26, 2021; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 2, 2021; and WHEREAS, the Roanoke County Planning Commission recommended approval of the petition with certain conditions; and WHEREAS, the second reading and public hearing were held on February 23, 2021; and WHEREAS, at the conclusion of the public hearing, the matter was indefinitely postponed to allow the applicant additional time to explore alternative methods of ingress and egress; and WHEREAS, the matter was again brought before the Board for resumption of the second reading on June 8, 2021; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. The Board finds that the proposed special use meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance. 2. The Board further finds that the proposed special use is in conformance with the Roanoke County Comprehensive Plan, and will have a minimum adverse impact on the surrounding neighborhood and community. 3. The special use permit for a special events facility located at 2875 Timberview Road (Tax Map No. 026.03-01-18.00-0000), in the Catawba Magisterial District, is hereby APPROVED with the following conditions: a. The site shall be developed in general conformance with the concept plan submitted with the application dated January 22, 2021, subject to any changes required during the site plan review process. b. The number of individuals at each event shall be limited to 250. c. Parking shall be prohibited on Timberview Road. On-site parking shall be limited to 40 vehicles. d. Hours of operation shall be limited to 12:00 p.m. to 10:00 p.m. on Fridays, and from 10:00 a.m. to 10:00 p.m. on Saturdays and Sundays. Only one event shall be allowed per day. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. Page 2 of 2 To Roanoke County Board of Supervisors, RE: Reinhardt Wedding Venue Special Use Permit I submitted a statement at the February Board of Supervisors public hearing concerning this request. I have kept current with the additional information the Reinhardts have submitted and attended the community meeting. I have not seen any additional information that would change my views on this petition, namely that even though the Reinhardt estate would be a nice wedding venue, the current problems that Timberview Road has-- ie. multiple safety issues--means that the additional traffic that the venue will generate will create too much of a negative impact on the neighborhood , Timberview residents, and the outdoor enthusiasts that access the trails. Even though the use of vans is an admirable attempt to alleviate the traffic, it can actually make the safety issues worse as they would be one of the largest vehicles on the road during the busiest days. I also feel that many guests would not want to use the vans and would drive anyway, creating even more problems. With that said, I would ask the Board to deny this petition. One issue I did want to bring up that is related to this petition comes from the community meeting we had on May 20th. A VDOT representative was there and kept talking about our recent road improvements. Please note, there have been NO improvements made on our road. What he seemed to be referring to was the repairs that have been made over the past year. This has included some culvert replacements, where the culverts had failed and the road caved in, and some 3 foot wide patches where the road had multiple pot holes and had disintegrated. For some of these repairs, it took us years of complaining to VDOT to get them done. In fact, there are several other places at culverts that the road is now undercut and collapsing that are still in need of repair. As the Reinhardts were at this meeting, I could see how they could construe what was said by the VDOT representative to mean the road was in good shape, however, this is not the case. Improvements and repairs are two totally different things. It would take millions in improvement to fix this road to where it could safely handle the additional traffic the Reinhardt venue will generate. The only improvements that VDOT has made on Timberview during the almost 40 years that I have lived there has been to straighten out and/or widen some of the curves. Everything else has been repair and then that can take years to finally be completed. Respectfully, Paula Jones 3324 Timberview Rd ACTION NO. ITEM NO. F-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE:June 8, 2021 AGENDA ITEM:Appointments to Committees, Commissions and Boards 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.Library Board (appointed by District) The following District appointments remains open: Vinton Magisterial District Windsor Hills Magisterial District 2.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. Open Windsor Hills Magisterial District FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 1of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,JUNE 8, 2021 RESOLUTION APPROVINGAND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G-CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for June8, 2021, designated as Item G-ConsentAgenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through6inclusive, as follows: 1.Approval of minutes –April 27, 2021 2.Request to accept and allocate grant funds in the amount of $96,310.24 from the Virginia Office of Emergency Medical Services for the "Four-For-Life" distribution 3.Resolution approving the County Attorney's employment contract 4.Resolution approving the County Administrator's employment contract 5.Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Debra R. Hartman, Deputy Chief Treasurer, uponher retirement after twenty-three (23) years of service 6.Confirmation of appointments to the Roanoke Valley Alleghany Regional Commission (At-Large) and to Visit Virginia’s Blue Ridge Page 1of 1 ACTION NO. ITEM NO. G.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 8, 2021 AGENDA ITEM: Request to accept and allocate grant funds in the amount of $96,310.24 from the Virginia Office of Emergency Medical Services for the "Four-For-Life" distribution SUBMITTED BY: C. Travis Griffith Chief of Fire and Rescue APPROVED BY: County Administrator ISSUE: Accept and allocate $96,310.24 from the "Four-For-Life" program, Virginia Department of Health (VDOH) Office of Emergency Medical Services (OEMS). BACKGROUND: The Virginia Department of Health (VDOH) Office of Emergency Medical Services (OEMS) has awarded the Fire and Rescue Department grant funds totaling $96,310.24 as part of the "Four-for-Life" program funding. "Four-for-Life" funding is legislated by the Code of Virginia §46.2-694 and provides various grant programs to be used only for emergency medical service purposes. The "Four-for-Life" program, as amended in 2000, stipulates that four (4) additional dollars be charged and collected at the time of registration of each passenger vehicle, pickup, or panel truck. Funds may be utilized for training, equipment, and supplies for licensed, non-profit emergency medical service agencies. DISCUSSION: This grant awarded to the Roanoke County Fire & Rescue Department will be utilized to purchase Emergency Medical Service (EMS) equipment that meets state guidelines. Approval of this grant funding from VDOH is dependent upon appropriate and timely Page 1 of 2 submission of required annual reporting. The Roanoke County Fire & Rescue Department continues to meet those annual requirements to remain eligible for grant funding. FISCAL IMPACT: Awarded grant funds from the "Four-for-Life" program total $96,310.24. There is no County match required with acceptance of this grant. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds to the Fire and Rescue Department in the amount of $96,310.24 from the Virginia Department of Health Office of Emergency Medical Services. Page 2 of 2 ACTION NO. ITEM NO. G.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 8, 2021 AGENDA ITEM: Resolution approving the County Attorney's employment contract SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: County Administrator ISSUE: The Board of supervisors desires to approve a new employment agreement for the County Attorney. BACKGROUND: Attached is a resolution for consideration by the Board of Supervisors requesting the authorize the Chairman of the Board to execute this agreement on its behalf. 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"¸͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ 0ȁ * ²®­ 0¤³¤±²Ǿ #§ ¨±¬ ­ !³³¤²³Ȁ ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ #§¨¤¥ $¤¯´³¸ #«¤±ª ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ 0¤³¤± 3ȁ ,´¡¤¢ª 0 ¦¤ Η ®¥ Η AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 8, 2021 RESOLUTION APPROVING THE COUNTY S EMPLOYMENT AGREEMENT WHEREAS, on January 14, 2020, the Roanoke County Board of Supervisors approved and executed an employment agreement with Peter S. Lubeck, for Mr. Lubeck to serve as the County Attorney; and WHEREAS, the Board and the County Attorney desire to approve a new contract; and WHEREAS, a new employment agreement between the County Attorney and the Board of Supervisors has been negotiated. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a new employment agreement is hereby approved, and the Chairman of the Board is hereby authorized to execute this agreement of behalf the Board. 2. This resolution shall take effect effective June 8, 2021. Page 1 of 1 ACTION NO. ITEM NO. G.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 8, 2021 AGENDA ITEM: Resolution approving the County Administrator's employment contract SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: County Administrator ISSUE: The Board of Supervisors desires to approve a new employment agreement for the County Administrator. BACKGROUND: Attached is a resolution for consideration by the Board of Supervisors requesting the would authorize the Chairman of the Board to execute this agreement on its behalf. Page 1 of 1 E MPLOYMENT A GREEMENT This Agreement is made and entered into this 8th day of June 2021, between the W I T N E S S E T H WHEREAS, served as the Administrator of Roanoke , and the Board desires to WHEREAS, this Agreement shall supersede and replace the Agreement entered into nd the Board on January 14, 2020; and WHEREAS, it is the desire of the Board to (1) secure and retain the services of a County Administrator and to provide inducement for him to remain in such employment and (2) to provide a just such time as he may be unable fully to discharge his duties or when the Board may desire to otherwise terminate his employment; and WHEREAS, desires to continue employment as the County Administrator for Roanoke County, Virginia; and WHEREAS, the parties wish to enter into an agreement setting forth the terms of such employment during such period; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Board and the County Administrator agree to the following terms and conditions of employment: Section 1. Employment of and Duties of County Administrator. a. The Board hereby agrees to employ as County Administrator of Roanoke County to serve as the chief administrative officer of Roanoke County. b. The County Administrator shall perform the functions and duties of County Administrator as prescribed by Chapter 4 of the Roanoke County Charter, Section 15.2-1541 of the Code of Virginia, and those set forth in the position description for the County Administrator approved by the Board and attached hereto as Appendix Qbhf!2!pg!9! A and as amended from time to time, policies and regulations adopted by the Board, and the legal directives of the Board. The County Administrator shall devote all necessary time, skill, labor, and attention to such duties as the chief administrative officer of Roanoke County. c. The County Administrator shall have charge of the administration of the Roanoke County government under the direction of the Board. The County Administrator shall fully and completely inform the Board of Supervisors of any and all information that is relevant and necessary to the functioning of the Board. The County Administrator shall be the chief executive for the Board; shall select, organize and assign all personnel, as best serves Roanoke County government, subject to the policies of the Board and the laws of the Commonwealth; shall oversee the business affairs to Roanoke County; shall from time to time suggest regulations, rules and procedures deemed necessary for the well ordering of Roanoke County; and in general perform all duties incident to the office of the County Administrator as prescribed by law and Board policy. d. The County Administrator shall perform any other legally permissible duties or functions which the Board may see fit to assign at any time during the term of this Agreement consistent with the office of the County Administrator. Section 2. Commencement of Employment; County Administrator Serves at the Pleasure of Board. a. This agreement shall remain in effect until terminated by either party in accordance with the provisions of Sections 3 or 4 of this agreement. b. The Board and County Administrator acknowledge that the County Administrator serves only at the pleasure of the Board. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Board of Supervisors to terminate the services of the County Administrator at any time, with or without reason, provided that it may not do so for any reason which would contravene the laws of the Commonwealth or the Constitution or laws of these United States, and subject only to the Termination and Severance provisions set forth in Section 3 of this Agreement. c. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the County Administrator to resign at any time from his position with the County, subject only to the provisions of Section 4 of this Agreement. Section 3. Termination and Severance Pay. a. Termination by Board without Cause; Notice. The Board shall have the right to terminate this Agreement at any time by providing the County Administrator with written notice setting forth the effective date of termination and paying the County Qbhf!3!pg!9! Administrator the severance pay set forth in No severance shall be paid in the event that employment is terminated for the reasons set forth in Section. b. Termination by Board for Cause. The County Administrator may be terminated by the Board for sufficient cause which shall include material breach of this Agreement, non-compliance with laws, regulations or Board policies or Board directives, conviction of any felony or any crime involving moral turpitude, or conviction of a crime involving his employment with Roanoke County or an act involving gross and willful negligence. In the event of such termination for cause, all salary and benefits shall cease as of the effective date of such termination. The County Administrator shall be entitled to payment for accrued leave in accordance with County policy for other employees including up to 400 hours of accrued flexible leave, 24 hours of accrued holiday leave and thirty five dollars per every eight hours of banked sick leave. The County Administrator shall also be entitled to choose to retire under the Virginia Retirement System and shall be entitled to all retirement benefits afforded to all other retiring Roanoke County employees with 20 or more years of service. c. Severance Pay. this Section, the County Administrator shall be entitled to retire under the Virginia Retirement System and receive severance pay in an amount equal to three as specified in Section 5 of this Agreement plus all accrued flexible, holiday and banked sick leave as all retiring Roanoke County employees, including up to 400 hours of accrued flexible leave, 24 hours of accrued holiday leave and thirty five dollars per every eight hours of banked sick leave. Should the County Administrator choose to retire under the Virginia Retirement System he shall also be entitled to purchase health and dental insurance at the rates offered to retirees who chose to retire during the 2022 fiscal year. These rates will remain the same until the County Administrator is no longer eligible to receive County insurance. This severance pay and payments plus payment for this accrued leave shall be the total and complete amount due the County Administrator under this Agreement. Should the County Administrator make application for and receive unemployment benefits following a termination of his employment by the Board, the sum due under this paragraph shall be reduced directly by the total sum of unemployment benefits paid to the County Administrator. d. Termination for Non-Compliance with Agreement or Resignation Requests. In the event the Board refuses, following written notice, to comply with any provisions of this Agreement benefiting the County Administrator, or if the County Administrator resigns (not for cause) following a formal request by a majority of the Board that the County Administrator resign, then in that event, the County Administrator severance compensations shall apply. Qbhf!4!pg!9! e. Termination for Disability, Sickness. If the County Administrator is disabled or is otherwise unable to perform the essential functions of the County Administrator job because of sickness, accident, injury, mental or physical incapacity or health, with or without a reasonable accommodation, the Board shall have the option to terminate this Agreement effective on the date of written notice thereof without regard to any other notice provisions in this Agreement, and he shall be entitled to leave and disability benefits applicable to full-time County employees. However, the Board shall Section, or any other extra pay that would be paid to other County employees and subjection to involuntary demotion. Section 4. Voluntary Resignation. The County Administrator may terminate this Agreement by giving written notice at least five months prior to the effective date of said resignation. The County Administrator shall be entitled to receive no additional severance pay, however he will be entitled to payment for all accrued leave flex leave, holiday leave and banked sick leave listed in section 3.c of this agreement and, should he chose to retire, shall be entitled to purchase retiree health and dental insurance from the County at rates established in the fiscal year 2022 budget for retirees until he reaches Medicare eligibility at age 65. The Board may, in its sole discretion, waive any or all of this notice requirement. Section 5. Salary. The annual base salary of the County Administrator beginning June 8, 2021, shall be $200,543. The annual salary of the County Administrator may be adjusted or increased for any subsequent fiscal year during the term of this Agreement based on an annual performance review prior to the end of the fiscal year. In lieu of or in addition to a salary increase, the Board may provide a bonus to the County Administrator based on his annual performance review. Any adjustments for subsequent years during the term of this Agreement shall be in writing and shall be in the form of an amendment or addendum. Section 6. Smartphone Allowance. The County will furnish the County Administrator with a smartphone, tablet and service for business use. If he chooses to use his personal phone, he will be eligible for the same reimbursement as provided in the employee mobile device policy. Personal use of this smartphone and tablet shall be kept to a minimum. Qbhf!5!pg!9! Section 7. Flexible Leave and Holiday Leave. The County Administrator shall receive and record flexible leave and holiday leave as provided to all other County employees based on his current length of tenure with the County. The County Administrator shall be entitled to cash in up to 40 hours of flexible leave per fiscal year at the base salary rate during the month of May during each year of the contract term. If this agreement is terminated prior to May 31, 2022 in accordance with Section 3.a, the County Administrator shall receive the 40 hour flex leave payment prior to termination. Section 8. Hours of Work. The County Administrator is expected to observe office hours similar to those of other administration employees. It is recognized that the County Administrator will frequently be required to work beyond normal office hours for night or weekend meetings and related duties. In recognition of the fact that the County Administrator is expected to devote a significant amount of time outside of normal office hours to the business of Roanoke County, the County Administrator may, to the extent that his duties permit, take reasonable discretion in varying observance of office hours; however, no accumulation of compensatory time or monetary compensation is granted. The County Administrator is expected to be available to communicate with Board Members and Public Safety Departments at all times, as conditions warrant. Section 9. Holidays and Other Miscellaneous Benefits. The County Administrator shall be entitled to the same holidays and funeral, County employees. The County Administrator should assure that a designated substitute is always available during those times. The County Administrator shall be entitled to all other benefits as other fulltime County employees not otherwise specified in this agreement. Section 10. Health Insurance. The County shall provide health, dental, and vision insurance coverage and short and long term disability insurance for the County Administrator and his dependents as it does for other full-time employees of the County. Qbhf!6!pg!9! Section 11. Retirement and Life Insurance. The Board shall pay the employer share of the Virginia Retirement System (VRS) contribution and the total premium for VRS Group Term Life Insurance for the County Administrator. The County Administrator may also choose to enroll in the Deferred Compensation Plan available to other full-time employees of the County. The County shall also allow for the opportunity to participate in the Optional Life Insurance Program as provided by the Virginia Retirement System. The County does not contribute anything to the monthly premium of the Optional Life Insurance Program. After employment either by termination or resignation, he is eligible to the current retiree health insurance plan as it exists at the time. Section 12. Dues, Subscriptions and Professional Development. a. Dues and Subscriptions. The Board agrees to pay a reasonable amount for the professional dues and subscriptions of the County Administrator necessary for his continuation and full participation in VLGMA and ICMA and other national, state, and local associations necessary and desirable for his continued professional participation, growth, and advancement and for the good of Roanoke County following approval by the Board of Supervisors any estimated expenses the County Administrator proposes under this Section. b. Professional Development. The Board also agrees to pay the travel and related expenses of the County Administrator for his professional development, professional training and education, and to attend necessary official and other functions for the Board and meetings of such other national, regional, state, and local groups, or committees thereof, on which the County Administrator serves as a member, following approval by the Board of any estimate of expenses the County Administrator proposes under this Section, such expenses to include registration fees, travel and subsistence expenses in accordance with Roanoke County travel policies. Such meetings would include the VLGMA Winter and Summer Conferences, VACo annual conference, and the ICMA annual conference, provided that the expenses therefore are within the total c. The total available for the expenses set forth in this section shall be set annually by the Board in the operating budget based on and in consideration of the recommendation of the County Administrator and the expenses for dues and subscriptions and professional development in this Section are limited to such annual budgeted amount. Qbhf!7!pg!9! Section 13. Residency. The County Administrator shall reside in and be a bona fide resident of Roanoke County during the term of this Agreement. Section 14. Reserved. Section 15. Outside Employment or Activities. The County Administrator may, with prior approval of the Board, undertake consultative work, speaking engagements, writing, lecturing, or other professional activities for compensation so long as such activities do not interfere with the duties required under this Agreement. Section 16. Evaluation. The Board shall review and evaluate the performance of the County Administrator at least once annually during the term of this Agreement. This review shall be in accordance with specific criteria developed by the Board. This criteria may be amended from time to time based on changes to the expectations of the Board, after the County Administrator has been informed of the proposed changes. Further, the Board shall provide the County Administrator with a summary written statement of the evaluation and provide the opportunity for the County Administrator to discuss this evaluation with the Board. Section 17. General Provisions. a. The Board agrees to provide insurance or self-insurance coverage in matters and legal counsel for the County Administrator as is provided to all Roanoke County employees generally in accordance with the Code of Virginia. b. This Agreement is expressly subject to the laws of the Commonwealth of Virginia and the regulations of Roanoke County. c. This Agreement constitutes the entire agreement between the Board and the County Administrator and may be amended only by written agreement executed by them. If any provision of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of the Agreement shall be severable and shall remain in full force and effect. Qbhf!8!pg!9! d. This Agreement takes effect on provided that it has been duly executed by the Chair, the County Administrator, approved as to form by the County Attorney and attested by the Chief Deputy Clerk. IN WITNESS WHEREOF, the Roanoke County Board of Supervisors has caused this Agreement to be executed on its behalf by its Chair in accordance with action authorizing such execution on June 8, 2021, and the County Administrator has executed this Agreement, both in duplicate, on this date. Executed this ________ day of ______________________, 2021. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By___________________________________ Attest: _________________________________ Chief Deputy Clerk _______________________________________ County Administrator Approved as to form: __________________________________ County Attorney Qbhf!9!pg!9! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 8, 2021 RESOLUTION APPROVING THE COUNTY ADMINISTRATOR EMPLOYMENT AGREEMENT WHEREAS, on January 14, 2020, the Roanoke County Board of Supervisors approved and executed an employment agreement ; and WHEREAS, the Board and the County Administrator desire to approve a new agreement; and WHEREAS, a new employment agreement between the County Administrator and the Board of Supervisors has been negotiated. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a new employment agreement is hereby approved, and the Chairman of the Board is hereby authorized to execute this agreement of behalf the Board. 2. This resolution shall take effect immediately upon its adoption. Page 1 of 1 ACTION NO. ITEM NO. G.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 8, 2021 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors to Debra R. Hartman, Deputy Chief Treasurer, upon her retirement after three-three (23) years of service SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: County Administrator ISSUE: Recognition of the retirement of Debra R. Hartman BACKGROUND: Debra R. Hartman, Deputy Chief Treasurer, retired on November 1, 2020 after twenty- Ms. Hartman is unabl mailed to her home. 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. 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, JUNE 8, 2021 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DEBRA R. HARTMAN, DEPUTY CHIEF TREASURER, UPON HER RETIREMENT AFTER TWENTY-THREE (23) YEARS OF SERVICE WHEREAS, Debra R. Hartman was employed by Roanoke County on November 10, 1997; and WHEREAS, Ms. Hartman retired on November 1, 2020, after twenty-three (23) years of devoted, faithful and expert service to Roanoke County; and WHEREAS, Ms. Hartman, through her employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, Mrs. Hartman began her career as a Treasurer Clerk II with Roanoke County after first developing her skills serving in many different roles within the banking industry prior to the financial mergers and acquisitions which occurred during the early WHEREAS, Mrs. Hartman was appointed as Chief Deputy Treasurer on June 4, 2005, a position which required the application of those developed multi diverse skills for professional treasury management, and premium customer service for the citizens of Roanoke County as well as the intergovernmental employee workforce, and professional collections management; and WHEREAS, througho tenure with Roanoke County, she chose to advance her education and professionalism by participating in the Master governmental Deputy Treasurers program with the Treasurers Association of Virginia as adopted by the Page 1 of 2 Virginia General Assembly in 2004; and WHEREAS, Mrs. Hartman achieved, and was awarded her designation as Master Governmental Deputy Treasurer on November 15, 2008, by the Treasurers Association of Virginia in conjunction with the Weldon Cooper Center for Public Service at the University of Virginia, subsequently recertifying on three (3) separate occasions in 2012, 2016 and 2020; and WHEREAS, Mrs. Hartman went above and beyond her duties by participating in several key County and Treasury specific software projects, including Accounts Receivable conversion from the AS400 to Tyler Munis taxation platform, initialization of State of Virginia Debt Set-Off data exchange for collection pursuit, and the bankruptcy integration with the Western District of Virginia Bankruptcy upgrade, which aided in the advancement of production efficiencies in Treasury management, collections and customer service; and WHEREAS, Mrs. Hartman was the epitome of an integral and reliable employee for the County of Roanoke demonstrating the personal empathy and caring for all of our s, with personal thoughtfulness in regards to the service rendered. 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 DEBRA R. HARTMAN for twenty-three (23) 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. Page 2 of 2 ACTION NO. ITEM NO. G.6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 8, 2021 AGENDA ITEM: Confirmation of appointments to the Roanoke Valley Alleghany Regional Commission (At-Large) and to Visit SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: County Administrator ISSUE: Confirmation of appointments BACKGROUND: Roanoke Valley Allegheny Regional Commission: reappoint Mr. Osborne to an additional three-year term to expire June 30, 2024. ge: -year term to expire June 30, 2024. It is the consensus of the Board to reappoint Mr. Blount to an additional three-year term to expire June 30, 2024. Page 1 of 2 DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no discussion associated with this agenda item. STAFF RECOMMENDATION: Staff recommends confirmation of all appointments. Page 2 of 2 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Audited OutstandingOutstanding June 30, 2020AdditionsDeletionsJune 08, 2021 General Obligation Bonds$948,122$-$948,122$- VPSA School Bonds83,061,766-8,546,27674,515,490 Lease Revenue Bonds81,000,000-3,470,00077,530,000 Subtotal165,009,888-12,964,398152,045,490 Premiums11,716,653--11,716,653 $176,726,541$-$12,964,398$163,762,143 Submitted ByLaurie L. Gearheart Director of Finance and Management Services Approved ByDaniel R. O'Donnell County Administrator ACTION NO. ITEM NO. K.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 8, 2021 AGENDA ITEM: Work session to discuss the Economic Development Strategic Plan with the Board of Supervisors SUBMITTED BY: Jill Loope Director of Economic Development APPROVED BY: County Administrator ISSUE: This time has been set aside to discuss the Economic Development Strategic Plan with the Board of Supervisors. Page 1 of 1 ACTION NO. ITEM NO. K.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 8, 2021 AGENDA ITEM: Work session to discuss the stream buffer ordinance with the Board of Supervisors SUBMITTED BY: Tarek Moneir Director of Development Services APPROVED BY: County Administrator ISSUE: At the work session on Stream Buffer, staff will make a presentation of the proposed amendment to the Erosion and Sediment Control Ordinance. BACKGROUND: In order to protect property, lower impacts to downstream property and reduce water quality degradation due to land development, staff is proposing revisions to the erosion and sediment control ordinance to provide 25-foot-wide stream buffers on each side of perennial streams for new developments. These stream buffers would protect a strip of land along perennial streams to maintain floodwater storage and reduce soil erosion and property damage during floods. This item has been under consideration for several years. This presentation will display the latest proposed language that has been revised based on additional public input from Roanoke Regional Home Builder Association and local civil engineers. Staff has attached a copy of the presentation and the proposed amendment of Chapter 8.1 Erosion and Sediment Control ordinance. After receiving input from the Board, staff will work with the County Attorney's Office to finalize the updates to the ordinance accordingly. Page 1 of 1 \[1\] Chapter 8.1 - EROSION AND SEDIMENT CONTROL DRAFT Footnotes: --- (1) --- Editor's note—Ord. No. 022316-7, § 1, adopted February 23, 2016, in effect repealed ch. 8.1, §§ 8.1- 1—8.1-11 and enacted a new ch. 8.1, §§ 8.1-1—8.1-12 as set out herein. Former ch. 8.1 pertained to similar subject matter and derived from Ord. No. 012704-9, adopted January 27, 2004; Ord. No. 082206- 3, adopted August 22, 2006; Ord. No. 092507-5, adopted September 25, 2007; Ord. No. 052708-19, adopted May 27, 2008; and Ord. No. 092308-3 adopted September 23, 2008. Cross reference—Building regulations, Ch. 7; sewers and sewage disposal, Ch. 18; water, Ch. 22; zoning, App. A; subdivisions, App. B. State Law reference—Erosion and Sediment Control Law, Code of Virginia, § 10.1-50 et seq. Sec. 8.1-1. - Title, purpose and authority. This chapter shall be known as the "Erosion and Sediment Control and Steep Slope Development Ordinance of the County of Roanoke, Virginia." The purpose of this chapter is to prevent degradation of properties, stream channels, waters and other natural resources of the county by establishing requirements for the control of soil erosion, sediment deposition and non-agricultural runoff;andby establishing requirements for development of steep slopes;,by developing requirements to retain maintain and establishstream buffers;and by establishing procedures whereby these requirements shall be administered and enforced. This chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1, Article 2.4, known as the Virginia Erosion and Sediment Control Law, and the regulations implementing the Virginia Stormwater Management Act and the Erosion and Sediment Control Law in 9VAC25-830 through 9VAC25-890, as applicable. )Pse/!Op/!022316-7-!¨!2-!3.34.27*! Sec. 8.1-2. - Applicability of chapter in Town of Vinton. The provisions of this chapter shall be applicable within the corporate limits of the Town of Vinton. Administrative procedures and review fees may be established to accommodate the review of plans for development located within the town. )Pse/!Op/!022316-7-!¨!2-!3.34.27*! Sec. 8.1-3. - Definitions. As used in this chapter, unless the context requires a different meaning: Agreement in lieu of a planmeans a contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence; this contract may be executed by the plan-approving authority in lieu of a formal site plan. Agreement in lieu of a plan also means a contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of any land disturbing activity, other than a single-family residence, that disturbs between two thousand five hundred (2,500) square feet and nine thousand nine hundred and ninety-nine (9,999) square feet; this contract may be executed by the plan-approving authority in lieu of a formal site plan. Applicantmeans any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land-disturbing activities to commence. Boardmeans the Virginia State Water Control Board. Certified inspectormeans an employee or agent of a VESCP authority who (i) holds a certificate of competence from the board in the area of project inspection or (ii) is enrolled in the board's training program for project inspection and successfully completes such program within one (1) year after enrollment. Certified plan reviewermeans an employee or agent of a VESCP authority who (i) holds a certificate of competence from the board in the area of plan review, (ii) is enrolled in the board's training program for plan review and successfully completes such program within one (1) year after enrollment, or (iii) is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (section 54.1-400et seq.) of Chapter 4 of Title 54.1 or a professional soil scientist as defined in section 54.1-2200 of the Code of Virginia. Certified program administratormeans an employee or agent of a VESCP authority who (i) holds a certificate of competence from the board in the area of program administration or (ii) is enrolled in the board's training program for program administration and successfully completes such program within one (1) year after enrollment. Clearingmeans any activity which removes the vegetative ground cover including, but not limited to, root mat removal or top soil removal. Countymeans the County of Roanoke. Departmentmeans the Department of Environmental Quality. Developmentmeans a tract or parcel of land developed or to be developedas a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three (3) or more residential dwelling units. Directormeans the Director of the Department of Environmental Quality. Districtor soil and water conservation districtrefers to the Blue Ridge Soil and Water Conservation District. Erosion and sediment control planor planmeans a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory, and management information with needed interpretations and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions and all information deemed necessary by the county to assure that the entire unit or units of land will be so treated to achieve the conservation objectives. An erosion and sediment control plan must be prepared by a Virginia professional engineer, land surveyor, landscape architect, architect, or professional soil scientist. Erosion impact areameans an area of land not associated with current land disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of ten thousand (10,000) square feet or less used for residential purposes. Excavatingmeans any digging, scooping or other methods of removing earth materials. Existing undeveloped landmeans land that prior to the issuance of the erosion and sediment control Formatted: Font: (Default) Arial, 10 pt, Italic permit does not contain pavement, structures, or other hardscape within 25 feettwenty five (25) feet of Formatted: Normal, Indent: First line: 0.31" any perennial stream or contiguous wetlands, measured horizontally from the edge of the contiguous Formatted: Font: (Default) Arial, 10 pt wetlands, or the ordinary high water mark if no wetlands exist. Formatted: Font: (Default) Arial, 10 pt Fillingmeans any depositing or stockpiling of earth materials. Geotechnical reportmeans a report provided at theapplicant's expense, prepared and stamped by a professional engineer, that communicates site conditions, and recommends design and construction methods. (1) The geotechnical report shall include any or all of the following basic information, as determined by the professional engineer: a. Summary of all subsurface exploration data, including subsurface soil profile, exploration logs, laboratory or in situ test results, and ground water information; b. Interpretation and analysis of the subsurface data; c. Specific engineering recommendations for design; d. Discussion of conditions for solution of anticipated problems; and e. Recommended geotechnical special provisions. (2) For guidance in investigating site conditions and preparing geotechnicalreports, the professional engineer may refer to all applicable sections of the "Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications," US Department of Transportation, Federal Highway Administration Publication No. FHWA ED-88-053, as amended. (3) The geotechnical report shall be submitted to the plan-approving authority and included in site development files prior to issuance of a land disturbing permit. Gradingmeans any excavating or filling of earth material or any combination thereof, including the land in its excavated or filled conditions. Land-disturbing activitymeans any man-made change to the land surface that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the term shall not include: (1) Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work; (2) Individual service connections; (3) Installation, maintenance, or repairs of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk provided such land-disturbing activity is confined to the area of the road, street or sidewalk that is hard-surfaced; (4) Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system; (5) Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.1 ofthe Code of Virginia; (6) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (Section 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in subsection B of section 10.1-1163; (7) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company; (8) Agricultural engineering operations including but not limited to the constructionof terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act (Va. Code § 10.1-604 et seq.) ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; (9) Disturbed land areas of less than two thousand five hundred (2,500) square feet in size; except as herein described for residential development in section 8.1-6(e). (10) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; (11) Emergency work to protect life, limb or property, and emergency repairs; however, if the land- disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, thenthe land area disturbed shall be shaped and stabilized in accordance with the requirements of this chapter. Land-disturbing permitor approvalmeans a permit or other form of approval issued by the county for the clearing, filling, excavating, grading, transporting of land or for any combination thereof or for any other land disturbing activity set forth herein. Natural channel design conceptsmeans the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore,or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain. Ordinary High Water Markmeans that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Ownermeans the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. Peak flow ratemeans the maximum instantaneous flow from a given storm condition at a particular location. Perennial Streammeans a stream that has a well-definedchannel that contains water year around during a year of normal rainfall. Groundwater is the primary source of water, but the stream also carries storm water. Disturbance of a perennial stream may require permitting from the Virginia Department of Environmental Quality and/or the United States Corps of Engineers. Permitteemeans the person to whom the land-disturbing approval is issued or the person who certifies that the approved erosion and sediment control plan will be followed. Personmeans any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the commonwealth, any interstate body, or any other legal entity. Previously developed landmeans land that prior to the issuance of the erosion and sediment control Formatted: Normal, Indent: First line: 0.31" permit contained pavement, structures, or other hardscape within 25 feet twenty five (25) feet of any perennial stream or contiguous wetlands, measured horizontally from the edge of the contiguous wetlands, or the ordinary high water mark if no wetlands exist Formatted: Font: (Default) Arial, 10 pt Responsible land disturberor RLDmeans an individual holding a certificate issued by the department who is responsible for carrying out the land-disturbing activity in accordance with the approved ESC plan. In addition, the RLD may be a Virginia professional engineer, land surveyor, landscape architect, architect, or professional soil scientist, provided that it is the same licensed professional who sealed and signed the ESC plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The RLD must be designated on the ESC plan or permit as a prerequisite for engaging in land disturbance. Runoff volumemeans the volume of water that runs off the land development project from a prescribed storm event. Single-family residencemeans a noncommercial dwelling that is occupied exclusively by one (1) family. Steep slopemeans a slope greater than 3:1, or thirty-three and one-third (33.3) percent. Stream buffer means an areathat is adjacent to a perennial stream, orcontiguous nontidal wetlands,where natural grades andnatural vegetation areleft undisturbedor where vegetation is established. The stream buffer serves to protect the stream banksfrom excessive erosion and to allow stormwater runofffrom surrounding landto flow through itto the streamin adiffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering out sediment and other nonpoint source pollutants from runoff.No land clearing or land gradingthat is regulated by this ordinanceshall occur in a stream buffer, except as allowed by this ordinancein Section 8.1.6 (v). State permitmeans an approval to conduct a land-disturbing activity issued by the board in the form of a state stormwater individual permit or coverage issued under a state general permit. State watersmeans all waters on the surface and under the ground wholly or partially within or bordering the commonwealth or within its jurisdictions. Townmeans the incorporated Town of Vinton. Transportingmeans any moving of earth materials from one (1) place to another place other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs. Virginia Erosion and Sediment Control Programor VESCPmeans a program approved by the board that has been established by a VESCP authority for the effective control of soil erosion, sediment deposition, and non-agricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable as localordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement where authorized in this article, and evaluation consistent with the requirements of this article and its associated regulations. VESCP plan-approving authoritymeans the director of community development or his assignee, which is responsible for determining the adequacy of a plan submitted for land-disturbing activities on a unit or units of lands and for approving plans. VESCP authorityor program authoritymeans the county which has adopted a soil erosion and sediment control program that has been approved by the board. Water quality volumemeans the volume equal to the first one-half (½) inch of runoff multiplied by the impervious surface of the land development project. )Pse/!Op/!022316-7-!¨!2-!3.34.27*! Sec. 8.1-4. - Administration of chapter in conjunction with subdivision and zoning ordinances. This chapter shall be administered, where applicable, in conjunction with the county's subdivision and zoning ordinances wherein such apply to the development and subdivision ofland within the county or where such apply to development on previously subdivided land within the county. )Pse/!Op/!022316-7-!¨!2-!3.34.27*! Sec. 8.1-5. - Local erosion and sediment control program. (a) Pursuant to section 62.1-44.15:54 of the Code of Virginia, the county hereby establishes a VESCP program and adopts the regulations promulgated by the board; with the exception that the requirements contained in 9VAC25-840-40.19 do not apply to the regulated land-disturbing activities that meet the requirements of 8.1-7 of this chapter; (for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources) and the Virginia Erosion and Sediment Control Handbook, as amended, and those more stringent local criteria which the county board of supervisors, may adopt by resolution and incorporate into the manual of regulations and policies entitled "Stormwater Management Design Manual" and "Design and Construction Standards Manual." (b) In accordance with § 62.1-44.15:52 of the Code of Virginia, any plan approved prior to July 1, 2014 that provides for stormwater management that addresses any flow rate capacity and velocity requirements for natural or man-made channels shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels if the practices are designed to (i) detain thewater quality volume and to release it over forty-eight (48) hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one (1) year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the one and one half (1.5), two (2), and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels. (c) For plans approved on and after July 1, 2014, the flow rate capacity and velocity requirements for natural and man-made channels shall be satisfied by compliance with water quantity requirements specified in § 62.1-44.15:28 of the Stormwater Management Act and 9VAC25-870-66 of the Virginia Stormwater Management Program (VSMP) regulations, unless such land-disturbing activities are in accordance with the grandfathering provisions of the Virginia Stormwater Management Program (VSMP) Regulations. (d) The county hereby designates the director of community development or his assignee as the plan- approving authority. (e) The program and regulations provided for in this chapter shall be made available for public inspection at the office of the department of community development. (f) Pursuant to section 62.1-44.15:53 of the Code of Virginia, an erosion and sediment control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The erosion control program of the county shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person. )Pse/!Op/!022316-7-!¨!2-!3.34.27*! Sec. 8.1-6. - Regulated land-disturbing activities; submission and approval of plans; contents of plans. (a) Except as provided herein, no person may engage in any land-disturbing activity until he or she has submitted to the department of community development an erosion and sediment control plan for the land-disturbing activity and such plan has been approved by the VESCP authority. No approval to begin a land-disturbing activity will be issued unless evidence of state permit coverage is obtained where it is required. Where land-disturbing activities involve lands under the jurisdiction of more than one (1)VESCP, an erosion and sediment control plan, at the option of the applicant, may be submitted to the department for review and approval rather than to each jurisdiction concerned. The department may charge the applicant a fee sufficient to cover the cost associated with conducting the review. (b) Where the land-disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may, at the discretion of the county, be substituted for an erosion and sediment control plan if executed by the plan-approving authority. Additional requirements are given below: (1) Where the land-disturbing activity, from the construction of a single-family residence, results in less than five thousand (5,000) square feet of disturbedarea, an "agreement in lieu of a plan" shall be accompanied by a plot plan that meets the county building permit plot plan requirements. (2) Where the land-disturbing activity, from the construction of a single-family residence, results in five thousand(5,000) square feet or more of disturbed area, an "agreement in lieu of a plan" shall be accompanied by a plot plan that meets the county building permit plot plan requirements, prepared by a responsible land disturber, Virginia professional engineer, land surveyor, landscape architect, architect, or professional soil scientist. A responsible land disturber must also be provided and identified. (3) The county may require additional information, or may decline to execute an agreement in lieu of a plan and may require an erosion and sediment control plan in instances where, in the county's opinion, it is necessary to properly protect downstream properties or the environment. (c) An erosion and sediment control plan shall be filed for a development and the buildings constructed within, regardless of the phasing of construction. (d) If individual lots or sections in a residential development are being developed by different property owners, all land-disturbing activities related to the building construction shall be covered by an erosion and sediment control plan or an "agreement in lieu of a plan" signed by the property owner. The property owner is responsible for complying with the provisions of (a) or (b) above for each lot to obtain an erosion and sediment control permit. (e) Land-disturbing activity of less than two thousand five hundred (2,500) square feet on individual lots in a residential development shall not be considered exempt from the provisions of this chapter, if the total land-disturbing activity in the development is equal to or greater than two thousand five hundred (2,500) square feet. (f) The standards contained with the "Virginia Erosion and Sediment Control Regulations," and The Virginia Erosion and Sediment Control Handbook, as amended and those more stringent local criteria which the board of supervisors of the county, may adopt by resolution and incorporate into the manual of regulations and policies entitled "Stormwater Management Design Manual" and "Design and Construction Standards Manual" are to be used by the applicant when making a submittal under the provisions of this chapter and in the preparation of an erosion and sediment control plan. In cases where one standard conflicts with another, the more stringent applies. The VESCP plan-approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. (g) The VESCP plan-approving authority shall review erosion and sediment control plans submitted to it and grant written approvalwithin sixty (60) days of the receipt of the plan if it determines that the plan meets the requirements of the Erosion and Sediment Control Law and the board's regulations, and if the person responsible for carrying out the plan certifies that he will properly perform the measures included in the plan and will conform to the provisions of this chapter. In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of the responsible land disturber, to the program authority, as provided by § 62.1-44.15:52, of the Virginia Erosion and Sediment Control Law, who will be in charge of and responsible for carrying out the land-disturbing activity. Failure to provide the name of the responsible land disturber, prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this chapter. However, the VESCP plan-approving authority may waive the certificate of competence requirement for an agreement in lieu of a plan for construction of a single family residence. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of the responsible land disturber, as provided by § 62.1-44.15:52 of the Virginia Erosion and Sediment Control Law. Failure to provide the name of the responsible land disturber shall be a violation of this chapter. (h) When the plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant withinforty-five (45) days. The notice shall specify the modifications, terms and conditions that will permit approval of the plan. If no action is taken by the plan-approving authority within the time specified above, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. (i) The VESCP authority shall act on any erosion and sediment control plan that has been previously disapproved within forty-five (45) days after the plan has been revised, resubmitted for approval, and deemed adequate. (j) The VESCP authority may require changes to an approved plan when: (1) The inspection reveals that the plan is inadequate to satisfy applicable regulations; or (2) The person responsible for carrying out the plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the plan approving authority and the person responsible for carrying out the plan; or. (3) Aland-disturbing activity does not begin during the 180-day period following plan approval or it ceasesfor more than 180 days. In this event, the VESCP authority may evaluate the existing approved erosion and sediment control plan to determine whether the plan still satisfies local and state erosion and sediment control criteria and to verify that all design factors are still valid. If the VESCP authority finds the previously filed plan to be inadequate, a modified plan shall be submitted and approved prior to the resumption of land-disturbing activity. (k)Variances. The VESCP plan-approving authority may waive or modify any of the standards that are deemed to be inappropriate or too restrictive for site conditions, by granting a variance. A variance may be granted under these conditions: (1) At the timeof plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the plan-approving authority shall be documented in the plan. (2) During construction, the person responsible for implementing the approved plan may request a variance in writing from the plan-approving authority. The plan-approving authority shall respond in writing either approving or disapproving such a request. If the plan-approving authority does not approve a variance within ten (10) days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation. (3) The VESCP authority shall consider variance requests judiciously, keeping in mind both the need of the applicant to maximize cost effectiveness and the need to protect off-site properties and resources from damage. (l) In order to prevent further erosion, the county may require the property owner of land identified by the county as an erosion impact area to immediately take actions to minimize the delivery of sediment onto neighboring properties or into state waters, and to prepare and submit to the county an Erosion and Sediment Control Plan that details how the erosion impact area will be permanently stabilized. Failure by the property owner to comply with county directions to immediately take actions to minimize the delivery of sediment onto neighboring properties or into state waters; or failure to submit an Erosion and Sediment Control Plan within a reasonable time period set by the county; or failure to implement the Erosion and Sediment Control Plan after approval by the county within a reasonable time period set by the county shall be a violation of this chapter. Such violation shall be subject to all of the penalties and other legal actions contained in section 8.1-10. (m) When a land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion control plan shall be the responsibility of the property owner. (n) In accordance with the procedure set forth in § 62.1-44.15:55 (E) of the Code of Virginia, any person engaging, in more than one (1) jurisdiction, in the creation and operation of wetland mitigation or stream restoration banks, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of wetland mitigation or stream restoration banks, pursuant to a mitigation banking instrument signed by the department of environmental quality, the virginia marine resources commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation or stream restoration banks annually with the board for review and approval consistent with guidelines established by the board. Approval of general erosion and sediment control specifications does not relieve the owner or operator from compliance with any other local ordinances and regulations including requirements to submit plans and obtain permits as may be required by such ordinances and regulations. (o) State agency projects are exempt from the provisions of this chapter, except as provided for in the Code of Virginia, section 62.1-44.15:56. (p) If the grade of a site is more than thirty-three and one-third (33.3) percent, refer to the International Building Code, Chapter 18, as amended, for foundation clearances from slopes. (q) Cut slopes or fill slopes shall not be greater than 2:1 (horizontal:vertical), unless a geotechnical report is provided for the proposed slopes. (r) Cut slopes or fill slopes shall not be greater than twenty-five (25) vertical feet in height, unless a geotechnical report is provided for the proposed slopes. Cut slopes or fill slopes less than or equal to 3:1 (horizontal:vertical) may exceed twenty-five (25) vertical feetin height and shall not require a geotechnical report. (s) For any cut slopes or fill slopes greater than or equal to 2:1 (horizontal:vertical) or greater than or equal to twenty-five (25) vertical feet in height with a slope greater than 3:1 (horizontal:vertical), as- built plans showing that the finished geometry, based on a field survey performed by a licensed surveyor, is in substantial conformity with the design shall be provided to the plan-approving authority. (t) Fill materials, compaction methods and density specifications shall be indicated on the site development plans. Fill areas intended to support structures shall also be indicated on the site development plans. (u) Development plans for all new subdivisions shall show proposed lot grades to ensure positive drainage. (v)Stream Buffers Commented \[A1\]: Need to add language to the agreement in lieu of esc plans that protect stream buffers. (1) Except as provided in this section,each regulated land disturbing activityshall provide for stream buffersfor the purposes of retarding runoff, preventing stream bank erosion, andfiltering nonpoint source pollution from runoff. (2) Stream buffers shallbe retained if present and established where they do not exist on any lands containing perennial streams, or contiguous nontidal wetlands. The stream buffer, on existing undeveloped land,shall extend a minimum oftwenty five(25) feeton each side of any perennial stream orcontiguous nontidal wetlands, measured horizontally from the edge of the contiguous nontidal wetlands, or the ordinary high water markif no wetlands exist. (3) The stream buffer, on previously developed land, shall either meet the requirements of (2) above, or extend from the side of any perennial stream or contiguous wetlands, measured horizontally from the edge of the contiguous wetlands, or the ordinary high water mark if no wetlands exist to the edge of existing paved surfaces,structures, or other hardscape; whichever is less. (42)Each stream buffer required to be retained or establishedshall be managed as provided herein: i.Target vegetative cover. The preferred vegetative cover in a stream buffer shall be a native Formatted: Indent: Left: 0.31", Hanging: 0.31" riparian forest with ground cover, shrub, and tree canopy layers. ii.Each stream buffer shall beretainedmaintainedin as natural a condition as possible.Natural ground contours and native vegetation shall be preserved to the fullest extent possible. (53)The following types of improvements and activities shall not be required to retain, establish, or manage a stream buffer, provided that the requirements of this section are satisfied: i.The construction, installation, operation and maintenance of electric,gas and telephone transmissionlines, railroads, and activities of the Virginia Department of Transportation, and their appurtenant structures, which are accomplished incompliance with the Erosion and Sediment Control Law (Virginia Code § 62.1-44.15:51 et seq.) or an erosion and sediment control plan approved by the State Water Control Board. ii.The construction, installation, and maintenance by public agencies of storm drainage, water and sewer lines. iii. The construction and installation of water andsewer lines constructed by private interests for dedication to public agencies, provided that all of the following are satisfied:1.To the extent practical, as determined by theadministrator, the location of the water or sewer lines,shall be outside ofall stream buffer areas. 2. No more land shall be disturbed than is necessary to construct, install and maintain the water or sewer lines. 3. All constructionandinstallation of the water or sewer lines shall comply with all applicable Federal, State andlocal requirements and permits and be conducted in a manner that protects water quality. (64)The following types of structures, control measures and activities shall be allowed in a stream buffer, provided that the requirements of this section are satisfied: i. Temporary erosion and sediment control measures. Temporary erosion and sediment control measures, provided that to the extent practical, as determined by the administrator, the control measures shall be located outside of the stream buffer and disturbance impacts are minimized. Upon removal of the temporary measures, grading and plantings shall be provided to reestablish the stream bufferby restoring pre-development grades and providing appropriate plantings. ii.Water-dependent facilities; water wells; passive recreation access, such as pedestrian trails and bicycle paths; historic preservation; archaeological activities; provided that all applicable Federal,State and local permits are obtained. iii.Storm drainage facilities necessary to drain to the stream,and stormwater management best management practices, provided that the disturbance to the buffer is minimized. iv.Roads, streets anddriveways, providedthat disturbanceto the natural stream channeland bufferis limited to the minimum reasonably required to develop the site. Whenever practical, roads, streets, and driveways shall not be constructed parallel to a stream within the buffer. v.Selective removal of invasive plantsand reestablishment of vegetative buffer using native Formatted: Indent: Hanging: 0.13" plants. vi. Stream drainage improvements thatcomply with all FederalandState permitting Formatted: Indent: Left: 0.5", Hanging: 0.1" requirements. Where channel improvements are made, stream buffers shall be reestablished on both sides of the improved channel. There shall be no stream buffer requirements where streams are replaced with storm drainage pipes. (75)Stream buffers shall be indicated on erosion and sediment control plans, or plot plans; and they shall be physically markedand protectedin the field with safety fencing or other appropriate means prior to the commencement of clearing or grading. (6) Any lot that was platted prior to the effective date of this paragraph, and any land disturbance whose erosion and sediment control plan has been submittedto the County forreviewprior to the effective date of this paragraph, areexempt from the requirements to protect and establish stream buffers. (Ord. No. 022316-7, § 1, 2-23-16) Sec. 8.1-7.-Special provisions for land-disturbing activities that disturb less than ten thousand (10,000) square feet (a) This section applies to all land-disturbing activities that disturb less than ten thousand (10,000) square feet, except that these special provisions shall not apply to any land-disturbing activity of less than ten thousand (10,000) square feet on individual lots in a residential development, if the total land-disturbing activity in the development is equal to or greater than ten thousand (10,000) square feet. (b) Land-disturbing activities shall meet all of the requirements of this chapter, except for the following: (1) The technical provisions contained in 9VAC25-840-40.19 shall not apply to land disturbing activities that meet the requirements of this section. These include: a. The adequacy of downstream channels and pipes are not required to beanalyzed and verified. b. No stormwater management measures to address any flow rate capacity or velocity requirements for downstream natural or man-made channels shall be required. (2) An agreement in lieu of a plan may, at the discretion of the county, be substituted for an erosion and sediment control plan if executed by the plan-approving authority. All of the requirements of section 8.1-6(b) shall apply. This provision expands the use of an agreement in lieu of, beyond a single-family residence, to all land-disturbing activities that disturb less than ten thousand (10,000) square feet. (c) Nothing in this section shall be construed to negate any requirements of the stormwater management ordinance of the county, where applicable. (Ord. No. 022316-7 , § 1, 2-23-16) Sec. 8.1-8. - Permits; fees; surety; etc. (a) Agencies authorized under any other law to issue grading, building, or other permits for activities involving land-disturbing activities may not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan, certification that the plan will be followed and evidence of state permit coverage where it is required. (b) No person shall engage in any land-disturbing activity untilhe has acquired a land-disturbing permit, unless the proposed land-disturbing activity is specifically exempt from the provisions of this chapter, and has paid the fees and posted the required surety. (c) Fees. An applicant requesting permission to begin land-disturbing activity pursuant to this article shall pay the following fees to cover the administrative expense of review, permitting, and inspection. Disturbed Area (Square Feet) Fee Less than 5,000 $25.00 5,000 - 9,999 $50.00 10,000 - or greater $100.00 + $100.00 per disturbed acre, or portion of an acre )e*!Op!mboe.ejtuvscjoh!qfsnju!tibmm!cf!jttvfe!voujm!uif!bqqmjdbou!tvcnjut!xjui!uif!bqqmjdbujpo! bo!bqqspwfe!fsptjpo!boe!tfejnfou!dpouspm!qmbo!ps!bhsffnfou!jo!mjfv!pg!bo!bqqspwfe!fsptjpo!boe! tfejnfou!dpouspm!qmbo!boe!dfsujgjdbujpo!uibu!uif!qmbo!xjmm!cf!gpmmpxfe/! (e) Surety. All applicants for permits shall provide to the county a performance bond, cash escrow, or an irrevocable letter of credit acceptable to the director of community development or his assignee, to ensure that measures could be taken by the county at the applicant's expense should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate conservation measures required of him as a result of his land-disturbing activity. The amount of the bond or other security for performance shall not exceed the total of the estimated cost to initiate and maintain appropriate conservation action based on unit price for new public or private sector construction in the locality plus a contingency for the county's administrative costs and inflation. The contingency shall be ten (10) percent of the total estimated cost to initiate and maintain the appropriate conservation action. Should it be necessary for the county to take such conservation action, the county may collect from the applicant any costs in excess of the amount of the surety held. (f) Within sixty (60) days of adequate stabilization and completion of all other site requirements, as determined by the director of community development or his assignee, such bond, cash escrow or letter of credit, or the unexpended or unobligated portion thereof shall be either refunded to the applicant or terminated. (g) These requirements are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits. )Pse/!Op/!022316-7-!¨!2-!3.34.27*! Sec. 8.1-9. - Monitoring, reports, and inspections. (a) The responsible land disturber, as provided in § 62.1-44.15:52, shall bein charge of and responsible for carrying out the land-disturbing activity and provide for periodic inspections of the land-disturbing activity. The county may require the person responsible for carrying out the plan to monitor the land-disturbing activity. The person responsible for carrying out the plan will maintain records of these inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. (b) The department of community development shall periodically inspect the land-disturbing activity in accordance with 9VAC25-840-60 of the Virginia Erosion and Sediment Control Regulations to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection. If the director of community development, or his assignee, determines that there is a failure to comply with the plan or if the plan is determined to be inadequate, notice shall be served upon the permittee or person responsible for carrying out the plan by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with theplan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee shall be deemed to be in violation of this chapter and, upon conviction, shall be subject to the penalties provided by this chapter. (c) Upon issuance of an inspection report denoting a violation of Va. Code §§ 62.1-44.15:55,-44.15:56, the director of community development, or his assignee, may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue a stop work order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. If land-disturbing activities have commenced without an approved plan or proper permits, the director of community development or his assignee may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue a stop work order requiring that all of the land-disturbing and/or construction activities be stopped until an approved plan or any required permits are obtained. Failure to comply will result in civil charges or penalties as outlined in section 8.1-10 of this chapter. Where the alleged noncompliance iscausing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the commonwealth, or where the land- disturbing activities have commenced without an approved plan or any required permits, such a stop work order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this chapter. Otherwise, such a stop work order may be issued only after the permittee has failed to comply with such a notice to comply. The stop work order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven (7) days from the date of service pending application by the county or permit holder for appropriate relief to the circuit court. The county shall serve such stop work order for disturbance without an approved plan or permits upon the owner by mailing with confirmation of delivery to the address specified in the land records. Said stop work order shall be posted on the site where the disturbance is occurring, and shall remain in effect until permits and plan approvals are secured, except in such situations where an agricultural exemption applies. If the alleged violator has not obtained an approved plan or any required permitswithin seven (7) days from the date of service of the stop work order, the director of community development or his assignee may issue a stop work order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the county. The owner may appeal the issuance of a stop work order to the circuit court of the county. Any person violating or failing, neglecting or refusing to obey a stop work order issued by the director of community development or his assignee may be compelled in a proceeding instituted in the circuit court of the county to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the stop work order shall immediately be lifted. Nothing in this section shall prevent the director of community development or his assignee from taking any other action authorized by this chapter. )Pse/!Op/!022316-7-!¨!2-!3.34.27*! Sec. 8.1-10. - Penalties, injunctions, and other legal actions. (a) Violators of this chapter shall be guilty of a Class I misdemeanor. (b) Civil penalties: (1) A civil penalty in the amount listed on the schedule below shall be assessed for each violation of the respective offenses: a. Commencement of land disturbing activity without an approved plan as provided in section 8.1-6 shall be one thousand dollars ($1,000.00) per day. b. Vegetative measures. Failure to comply with items 1, 2 3, or 5 of the minimum standards shall be three hundred dollars ($300.00) per violation per day. c. Structural measures. Failure to comply with items 4, 6, 7, 8, 9, 10, 11, 15, 17, or 18 of the minimum standards shall be three hundred dollars ($300.00) per violation per day. d. Watercourse measures. Failure to comply with items 12, 13 and 15 of the minimum standards, or unapproved disturbance of stream buffershall be three hundred dollars ($300.00) per violation per day. e. Underground utility measures. Failure to comply with item 16(a) and/or (c) shall be three hundred dollars ($300.00) per violation per day. f.Failure to obey a stop work order shall be one thousand dollars ($1,000.00) per day. g. Failure to stop work when permit revoked shall be one thousand dollars ($1,000.00) per day. (2) Each day during which theviolation is found to have existed shall constitute a separate offense. However, in no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of ten thousand dollars ($10,000.00), except that a series of violations arising from the commencement of land- disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of ten thousand dollars ($10,000.00). The assessment of civil penalties according to this schedule shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under subsection (a) of this section. (c) The director of community development or his assignee, or the owner of property which has sustained damage or which is in imminent danger of being damaged, may apply to the circuit court of the county to enjoin a violation or a threatened violation of Va. Code §§ 62.1-44.15:55, 62.1- 44.15:56, without the necessity of showing that an adequate remedy at law does not exist. However, an owner of property shall not apply for injunctive relief unless (i) he has notified in writing the person who has violated the local program, and the program authority, that a violation of the local program has caused, or creates a probability of causing, damage to his property, and (ii) neither the person who has violated the local program nor the program authority has taken corrective action within fifteen (15) days to eliminate the conditions which have caused, or create the probability of causing, damage to his property. (d) In addition to any criminal penalties provided under this chapter, any person who violates any provision of this chapter may be liable to the county in a civil action for damages. (e) Civil penalty enumerated. Without limiting the remedies which maybe obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed twothousand dollars ($2,000.00) for each violation. A civil action for such violation or failure may be brought by the county. Any civil penalties assessed by a court shall be paid into the treasury of the county, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury. (f) With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this chapter, the county may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection (b)(2) of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (b) or (e). (g) The county's attorney shall, upon request of the county take legal action to enforce the provisions of this chapter. (h) Compliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages. )Pse/!Op/!022316-7-!¨!2-!3.34.27*! Sec. 8.1-11. - Hearings and appeals. (a) Hearings. (1) Any permit applicant or permittee, or person subject to the requirements of this chapter, who is aggrieved by any action, of the county in approving or disapproving any plans required by this chapter, or by any enforcement action takenpursuant to section 8.1-10, shall have the right to request, in writing, a hearing to the county administrator or his/her designee provided a petition requesting such hearing is filed with the administrator within thirty (30) days after notice of such action is given by the administrator. (2) The hearing shall be held provided that the county administrator and the aggrieved party has at least thirty (30) days prior notice. (3) A verbatim record of the proceedings of such hearings shall be taken and filed with the board of supervisors. Depositions may be taken and read as in actions at law. (4) The county administrator, shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The failure of any witness without legal excuseto appear or to testify or to produce documents shall be acted upon by the county administrator whose actions may include the procurement of an order of enforcement from the circuit court. Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions. (5) During its review, the county administrator shall consider evidence presented by all parties. After considering the evidence, the county administrator's decision shall be final. (b) Appeals. Final decisions of the county administrator, under this chapter, shall be subject to judicial review by the county circuit court, provided an appeal is filed within thirty (30) days from the date of any written decision adversely affecting the rights, duties, or privileges of any permit applicant, permittee, or person subject to any enforcement action under this chapter. )Pse/!Op/!022316-7-!¨!2-!3.34.27*! Sec. 8.1-12. - Civil violations, summons, generally. (a)The director of community development, or his assignee, shall prepare an appropriate erosion and sediment control civil violation summons for use in enforcing the provisions of this chapter. (b) Any person of the VESCP plan approving authority charged with enforcing this chapter shall serve upon any owner or permittee in violation of this chapter, a summons notifying the owner or permittee of said violation. If unable to serve the owner or permittee in person, the county may notify by summons an owner or permittee committing or suffering the existence of a violation by certified, return receipt requested mail, of the infraction. The county sheriff's office may also deliver the summons. The summons shall contain the following information: (1) The name and address of the person charged. (2) The nature of the violation and chapter provision(s) being violated. (3) The location, date, and time that the violation occurred, or was observed. (4) The amount of the civil penalty assessed for the violation. (5) The manner, location, and time that the civil penalty may be paid to the county. (6) The right of the recipient of the summons to elect to stand trial for the infraction and the date of such trial. (c) The summons shall provide that any person summoned for a violation may, within five (5) days of actual receipt of the summons or, within ten (10) days from the date of mailing of the summons, elect to pay the civil penalty by making an appearance in person, or in writing by mail to the county treasurer's office and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgment in court; however, an admission shall not be deemed a criminal conviction for any purpose. (d) If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the county shall cause the sheriff of the county to serve the summons on the person charged in the manner prescribed by law. The violation shall be tried in general district court in the same manner and with the same right of appeal as provided for in Title 8.01 of the Code of Virginia. In any trial for a scheduled violation authorized by this section, it shall be the burden of the county to show the liability of the violator by the preponderance of the evidence. Any admission of liability, or finding of liability shall not be a criminal conviction for any purpose. (e) The remedies provided for in this section are cumulative, and are not exclusive and, except as provided above, shall be in addition to any other remedies by law. (f) The owner or permittee may pay the civil penalty to the treasurer prior to the trial date, provided he also pays necessary court costs in addition to the civil penalty. (g) Within the time period prescribed in (c), above, the owner or permittee, may contest the violation by presenting it to the director of community development, who shall certify the contest in writing, on an appropriate form, to the general district court. (h) Failure to pay the civil penalty, or to contest the violation, within the time period prescribed in (c), above, shall result in the immediate issuance of a stop work order and the revocation of the permit, if any. )Pse/!Op/!022316-7-!¨!2-!3.34.27*! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 8, 2021 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. Page 1of 1