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HomeMy WebLinkAbout11/9/2022 - Regular Roanoke County Board of Supervisors November 9, 2022 INVOCATION: PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of Page 1 of 5 Roanoke County Board of Supervisors Agenda November 9, 2022 Good afternoon and welcome to our meeting for November 9, 2022. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Sunday from 10:00 a.m. until 5 p.m. website at www.RoanokeCountyVA.gov. Our meetings are closed-captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of Sgt. Cara Jacobs on her selection as one of the International Association of Chiefs of Police "40 Under 40" Award winners for 2022 (Howard B. Hall, Chief of Police) Page 2 of 5 D. NEW BUSINESS 1. Resolution authorizing an amendment to the engineering services contract with Hurt & Proffitt, Inc., and consenting to the re-allocation of $4,542,105 in previously appropriated Smart Scale funding, and $4,352,469 in previously appropriated Surface Transportation Block Grant Program funding for the West Roanoke River Greenway Phase 1 Project, Catawba Magisterial District (Lindsay B. Webb, Parks Planning and Development Manager) E. FIRST READING OF ORDINANCES 1. Ordinance authorizing the acquisition of property at 6781 Mount Chestnut Road (Tax Map Number 075.00-02-33.00-0000) for the purpose of expanding Happy Hollow Gardens Park, Windsor Hills Magisterial District, and authorizing execution of a deed and other documents necessary to accomplish the acquisition of this real estate (Lindsay B. Webb, Parks Planning and Development Manager) F. APPOINTMENTS 1. Roanoke County Board of Zoning Appeals (BZA) (appointed by District) 2. Roanoke County Economic Development Authority (EDA) (appointed by District) 3. Roanoke County Library Board (appointed by District) 4. Roanoke County Parks, Recreation and Tourism Advisory Commission (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 July 12, 2022 2. Resolution amending and re-adopting a Grievance Procedure 3. Confirmation of appointment to the Blue Ridge Behavioral Healthcare Board of Directors and the Roanoke County Economic Development Authority 4. Request to accept and allocate grant funds in the amount of $6,200 from the Jacqueline S. and Shelborn L. Spangler Fund of Community Foundation to Roanoke County Fire and Rescue for the purchase of a thermal imaging camera for the Back Creek Fire & Rescue Station #11 Page 3 of 5 5. The petition of Panda Storage Rentals and Sales to obtain a special use permit for equipment sales and rentals and a special use permit for mini-warehouse on approximately 4.82 acres on land zoned C-2, High Intensity Commercial District, located in the 5300 block of West Main Street and the 5400 block of Pleasant Run Drive, Catawba Magisterial District (First Reading of Ordinance and request for Public Hearing) H. CITIZENS' COMMENTS AND COMMUNICATIONS I. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report J. WORK SESSIONS 1. Work session to discuss the Rt. 460 Land Use and Connectivity Study with the Board of Supervisors (Philip Thompson, Director of Planning) 2. Work session to review with the Board of Supervisors the status of the County of Roanoke's Capital Improvement Program (CIP) projects (Laurie Gearheart, Director of Finance and Management Services and Steve Elliott, Budget Administrator) K. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711(A)(1) - Discussion and consideration regarding present and prospective appointees to Incentive Program Board EVENING SESSION 7:00 P.M. L. CERTIFICATION RESOLUTION M. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Neil Aneja to obtain a special use permit to operate a short-term rental on approximately 0.30 acre on land zoned R-1, Low Density Residential, located at 2776 White Pelican Lane, Cave Spring Magisterial District (Philip Thompson, Director of Planning) Page 4 of 5 2. The petition of Barnett Properties, LLC, to rezone approximately 9.38 acres from R-3C, Medium Density Multi-Family Residential District with conditions, R-1, Low Density Residential District, I-1C, Low Intensity Industrial District with conditions, C-2C, High Intensity Commercial District with conditions, and C-1, Low Intensity Commercial District, to C-2, High Intensity Commercial District, for retail sales located in the 4400 block of Brambleton Avenue including 4449 and 4457 Brambleton Avenue, and the 4500 and 4600 blocks of Old Cave Spring Road, Windsor Hills Magisterial District (POSTPONED AT THE REQUEST OF THE PLANNING COMMISSION) N. CITIZEN COMMENTS AND COMMUNICATIONS O. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Phil C. North 2. David F. Radford 3. P. Jason Peters 4. Martha B. Hooker 5. Paul M. Mahoney P. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 9, 2022 AGENDA ITEM: Recognition of Sgt. Cara Jacobs on her selection as one of the International Association of Chiefs of Police "40 Under 40" Award winners for 2022 SUBMITTED BY: Howard B. Hall Chief of Police APPROVED BY: Richard L. Caywood County Administrator ISSUE: Recognition of Sgt. Cara Jacobs for her selection as a "40 Under 40" Award winner. BACKGROUND: Each year, the International Association of Chiefs of Police recognizes 40 law enforcement professionals under the age of 40 from around the world who demonstrate leadership, exemplify commitment to their profession, and have a positive impact on their communities and the field of policing. The IACP describes the winners as "extraordinary individuals who are motivated to lead their agencies into the future, and they encourage colleagues to grow professionally and personally, striving daily to provide best-of-class services that lead to a safer, more inclusive, and more peaceful world." DISCUSSION: Sgt. Cara Jacobs has been selected as one of the 2022 winners of this prestigious award. She received the award at the IACP Conference in Dallas last month. Sgt. Jacobs is an 11 year veteran of the Roanoke County Police Department. She has excelled at every assignment, which include patrol officer, DUI Task Force, and patrol supervisor. She also supervises the Honor Guard. Sgt. Jacobs was the first member of Page 1 of 2 the department to become certified as a Drug Recognition Expert and has since earned certifications as a DRE instructor and course manager. Her expertise is recognized both throughout Virginia and across the country. She has recently been featured as an instructor in an online training program produced by the Departments of Justice and Transportation. Locally, Sgt. Jacobs works to mentor younger officers and acts as a role model for those developing their careers. Her potential in our department is unlimited. Page 2 of 2 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 9, 2022 AGENDA ITEM: Resolution authorizing an amendment to the engineering services contract with Hurt & Proffitt, Inc., and consenting to the re-allocation of $4,542,105 in previously appropriated Smart Scale funding, and $4,352,469 in previously appropriated Surface Transportation Block Grant Program funding for the West Roanoke River Greenway Phase 1 Project, Catawba Magisterial District SUBMITTED BY: Lindsay B. Webb Parks Planning and Development Manager APPROVED BY: Richard L. Caywood County Administrator ISSUE: Resolution authorizing an amendment to the engineering services contract (#2014-003) with Hurt & Proffitt, Inc., and consenting to the re-allocation of $4,542,105 in previously appropriated Smart Scale funding, and $4,352,469 in previously appropriated Surface Transportation Block Grant Program funding for the West Roanoke River Greenway Phase 1 Project, Catawba Magisterial District BACKGROUND: The Roanoke River Greenway is identified as a regional priority in the Roanoke Valley Greenway Plan, and it is considered a critical component of economic development and tourism initiatives. Roanoke County is developing the West Roanoke River Greenway proposed between Green Hill Park in Roanoke County and West Riverside Drive in the City of Salem. This project has been designed by Hurt & Proffitt and proposes to construct an approximate 1.4-mile section of greenway that is being developed in phases as described below. In August 2022, the Virginia Department of Transportation (VDOT) advised that due to a significant increase in the cost estimate, the project could be phased to deliver the Page 1 of 7 portion of the greenway where right-of-way had been obtained and design was complete. With Roanoke County concurrence, VDOT approved the phasing plan in September 2022, which committed all project funding to Phase 1. Phase 1 - VDOT UPC No. 97171 This project is a 0.6-mile section of greenway proposed with a trailhead parking lot on West Riverside Drive and will extend east along the Roanoke River to the existing greenway in the City of Salem across from Kingsmill Drive. The right-of-way needed for this phase of the project has been secured and is owned by the City of Salem and Roanoke County. Design plans are 100% complete, environmental permits are being re-verified, and construction is anticipated in 2023-2024. The project is locally administered with oversight from VDOT and funded through federal and state programs as described below: · Highway Safety Improvement Program (HSIP) funding has been awarded and appropriated in the amount of $499,166 for this project with no local match requirement. · Surface Transportation Block Grant Program (STBG and formerly Regional Surface Transportation Program) has been awarded and appropriated for the project in the amount of $2,990,760 with no local match requirement. o Based on the phasing and scope reduction of the East Roanoke River Greenway Phase 1 (VDOT UPC 91191), the Roanoke Valley Transportation Planning Organization (RVTPO) accepted the return of $4,352,469 in surplus funds from this project in two actions in 2020 and 2021. This funding and an additional $330,600 was allocated by the RVTPO to the West Roanoke River Greenway Phase 1 (VDOT UPC 97171) project in the amount of $4,683,069, for a total of $7,343,229 in total RSTP/STBG funding. o The $4,352,469 in East Roanoke River Greenway Phase 1 (VDOT UPC 91191) project surplus funds needs to be reallocated to the West Roanoke River Greenway Phase 1 (VDOT UPC 97171) project in the grant fund. o Because the West Roanoke River Greenway Phase 1 project has been reduced in scope since the RVTPO allocated the STBG additional funding, it is anticipated that $330,600 in surplus STBG funding that had not been appropriated by the Board of Supervisors will be returned to the RVTPO this fiscal year. · SMART SCALE (formerly HB2) funding has been awarded and appropriated for the project in the amount of $4,542,105 with no local match requirement. Phase 2 This project is a 0.8-mile section of greenway proposed with two bridges across the Roanoke River and a separated grade crossing underneath Diuguids Lane. It will provide connectivity between Green Hill Park in Roanoke County and the proposed Page 2 of 7 trailhead parking lot on West Riverside Drive (VDOT UPC 97171 Phase 1). The 100% design plans need to be revised to address updated accessibility requirements with the grades of the bridge approaches and retaining walls, as well as right-of-way negotiations with landowners. Right-of-way has been obtained on four parcels, and negotiations are underway for the right-of-way needed on three parcels which are owned by the same company. There is no longer any federal or state funding associated with this project phase. The Pathfinders for Greenways, a non-profit supporting regional trails and greenways, have approved up to $300,000 in private donations to support the right-of-way phase of the project. Staff plan to submit a request to the Board of Supervisors for FY 2023 Capital Reserve funds to complete the right-of-way negotiations, design plans, and environmental permitting needed for this project to be shovel-ready. When preliminary engineering and right-of-way phases are complete, there are several grant opportunities available for construction-only, shovel-ready funding. Staff intend to submit future grant applications for federal and state funding for construction of the project. DISCUSSION: Development of the West Roanoke River Greenway has been underway for over a decade between Green Hill Park in Roanoke County and Riverside Park in the City of Salem. This inter-jurisdictional project has been complicated to administer due to right- of-way acquisition issues, environmental permitting, design challenges, scope reductions, and the prolonged time that this project has been under development. The project has contractually been phased as summarized below since 2011: Phase I Engineering Services Consultant: AECOM Description Date Description Contract Supplemental Total Amount Request Contract Amount Amount Increase Original 11/01/11 Phase I $ 99,794 N/A N/A Contract Alignment (#2010-143) Study to evaluate and develop a concept alternative Phase II-A Engineering Services Consultant: Hurt & Proffitt, Inc. (formerly Anderson & Associates) Description Date Description Contract Supplemental Total Page 3 of 7 Amount Request Contract Amount Amount Increase Original 0 3/03/14 Phases II-A $166,499.88 N/A N/A Contract included (#2014-003) preliminary engineering, permitting, surveying, and a cost estimate; Phases II-B, and II-C to be negotiated following the completion of Phase II-A, if deemed necessary. Completion of Phase II-A; Phase II-B not necessary; Notice to Proceed issued for Phases II-C and III Amendment 1 07/15/15 Contract $548,276 N/A N/A issued for Phases IIC and III for Final Engineering and Construction Document, Bidding, and Construction Administration Amendment 2 01/30/18 Revised tasks $548,276 N/A N/A and fee allocation to include right- of-way services, bridges, and options services Amendment 3 05/15/18 Revised tasks $548,276 N/A N/A to remove Page 4 of 7 right-of-way services Amendment 4 01/29/19 No cost time $548,276 N/A N/A Extension Amendment 5 09/05/19 Reallocation of $548,276 N/A N/A existing funds and adjustment of scope; Remove construction contract administration and construction inspection services, to allow for ongoing engineering and environmental coordination Amendment 6 10/01/21 Added $630,526 $82,250 15.00% preliminary design services, geotechnical investigation, and update to civil and structural drawings for a protective barrier wall design at New Millennium Amendment 7 03/22/22 Additional $659,026 $28,500 20.02% Services to update the environmental permit and final engineering and a revised plat for the Page 5 of 7 protective barrier wall at New Millennium Amendment 8 10/26/22 Additional $816,806 $157,780 48.90% (Proposed) design and permitting services for the reduced Phase 1 project scope and construction support and administration Hurt & Proffitt, Inc. has requested Amendment 8 to the contractual agreement #2014- 003 for additional professional services needed in the amount of $157,780 for supplemental funding needed to perform plan revisions, permitting, and construction contract administration required for Phase 1 of the West Roanoke River Greenway Project. The total value of contract amendments submitted to date is $816,806, which is an increase of forty-eight-point nine percent (48.9%) of the original contract. VDOT has reviewed the contract amendment and their comments have been incorporated into the contract amendment. County staff believe that this request is reasonable and justified based on the project phasing. The proposed contract the design plans, reverify environmental permits, provide construction administration services as the engineer of record, and advance this project to construction in 2023. Due to the volatility of the construction industry and unknowns with reverification of the environmental permitting due to the project phasing, staff requests authorization to increase the contract amount to $850,000, which is an increase of fifty-five percent (55%) over the original contract amount, should it be necessary. Contract amendments of this type are normally within the oversight of the County Administrator, as all necessary funds have already been appropriated to the project budget. However, the requested supplements to the contract are in excess of twenty- five percent (25%) of the original contract amount. According to Roanoke County procurement regulations and the Procurement Code of Virginia, changes for this specific type of professional services agreement exceeding twenty-five percent (25%) must be approved by the Board of Supervisors. FISCAL IMPACT: Page 6 of 7 Funding is available in the project budget to accommodate the Hurt & Proffitt, Inc. supplemental request for contract amendment 8 in the amount of $816,806, as well as the contract increase to $850,000 if necessary. All project funds have been appropriated and no additional County funds are needed for Phase 1 at this time. The Smart Scale (formerly HB2) funding in the amount of $4,542,105 was adopted in the fiscal year 2020 Capital Improvement Program and appropriated to the capital fund instead of the grant fund. The Surface Transportation Block Grant (STBG, formerly Regional Surface Transportation Program, RSTP) funding in the amount of $4,352,469 from the East Roanoke River Greenway Phase 1 (VDOT UPC 91191) surplus funds needs to be reallocated to the West Roanoke River Greenway Phase 1 (VDOT UPC 97171) project in the grant fund. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors authorize the execution of contract amendment 8 (#2014-003) with Hurt & Proffitt, Inc. up to and not to exceed $850,000, the re-allocation of $4,542,105 in previously appropriated Smart Scale funds from the capital fund to the grant fund, and re-allocation of $4,352,469 in previously appropriated Surface Transportation Block Grant Program funds to the project in the grant fund for the West Roanoke River Greenway Phase 1 project (VDOT UPC 97171). Page 7 of 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 2022 RESOLUTION AUTHORIZING AN AMENDMENT TO THE ENGINEERING SERVICES CONTRACT WITH HURT & PROFFITT, INC., APPROVING THE RE-ALLOCATION OF $4,542,105 IN PREVIOUSLY APPROPRIATED SMART SCALE FUNDING, AND APPROVING THE RE-ALLOCATION OF $4,352,469 IN PREVIOUSLY APPROPRIATED SURFACE TRANSPORTATION BLOCK GRANT PROGRAM FUNDING FOR THE WEST ROANOKE RIVER GREENWAY PHASE 1 PROJECT, CATAWBA MAGISTERIAL DISTRICT WHEREAS, Roanoke County is administering of the West Roanoke River Greenway Phase 1 (VDOT UPC No. 97171) project proposed along West Riverside Drive in Roanoke County and the City of Salem; and WHEREAS, Hurt & Proffitt, Inc., the engineering consultant for the West Roanoke River Greenway project, has submitted seven (7) previous contract amendments issued for Phases II and III of the engineering services contract #2014-003 to reflect changes in project scope that have occurred since 2014; and WHEREAS, due to a recent change in project scope, Hurt & Proffitt, Inc. has submitted a supplemental funding request for an eighth (8) contract amendment (#2014-003) for Phases II and III totaling $157,780 for additional design and permitting services for the project phasing and to provide construction support and administration until project closeout; and WHEREAS, County staff recommends amending the engineering services contract with Hurt & Proffitt, Inc. to $816,806, an increase of forty-eight-point nine percent (48.9%) over the original contract amount; and Page 1 of 3 WHEREAS, Roanoke County procurement regulations and the Procurement Code of Virginia require that changes exceeding twenty-five percent (25%) of the original contract be approved by the Board of Supervisors; and WHEREAS, County staff request approval to address possible future increases in Hurt & Proffitt, Inc. engineering services contract, up to a maximum cost of $850,000; and WHEREAS, the Smart Scale (formerly HB2) funding in the amount of $4,542,105 was adopted in the FY 2020 Capital Improvement Program and erroneously appropriated to the capital fund instead of the project grant account; and WHEREAS, the Surface Transportation Block Grant Program (STBG, formerly Regional Surface Transportation Program, RSTP) funding in the amount of $4,352,469 was appropriated for the East Roanoke River Greenway project (VDOT UPC 91191) in 2015, was transferred by the Roanoke Valley Transportation Planning Organization to the West Roanoke River Greenway project (VDOT UPC 97171) in 2020 and 2021, and needs to be re-allocated to the West Roanoke River Greenway Phase 1 project grant account. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the County Administrator, Deputy County Administrator or Assistant County Administrator, is hereby authorized to execute an amendment to the Professional Engineering Services Contract No. 2014-003 with Hurt & Proffitt, Inc. to authorize expenses up to and not to exceed $850,000 for the West Roanoke River Greenway Phase 1 project, which agreement shall be reviewed and approved as to form by the County Attorney, re-allocate $4,542,105 in previously appropriated Smart Scale Page 2 of 3 funds from the capital account to the grant account, and re-allocate $4,352,469 in previously appropriated Surface Transportation Block Grant Program funds from the East Roanoke River Greenway (VDOT UPC 91191) grant account to the West Roanoke River Greenway (VDOT UPC 97171) grant account. Page 3 of 3 November 9, 2022 VDOT UPC 97171 Board of Supervisors Briefing West Roanoke River Greenway Phase 1 Update The Roanoke Valley Conceptual Greenway Plan was The Roanoke Valley Conceptual Greenway Plan was The Roanoke Valley Greenway Plan was adopted by 1995: completed which identifies the Roanoke River Greenway.2007: adopted by the Roanoke Valley Greenway Commission and member localities, including Roanoke County. The Roanoke River Greenway is the top priority.2018: the Roanoke Valley Greenway Commission and member localities, including Roanoke County. The Roanoke River Greenway is identified in Category 1. Roanoke Valley Greenway Plan History 143) to evaluate greenway alternatives between Green - Awarded Phase I Contract to AECOM (# 2010 Ten greenway alignments evaluatedPublic meetings heldRecommendation: Greenway alignment with two bridges across the Roanoke River ••• 2011: Hill Park in Roanoke County and Riverside Park in the City of Salem. Project History acre Waldrop property along West Riverside Drive - Roanoke County acquired 14 2012: Project History way issues - of - A, Contract # - necessary due to a federal 003) - C and III, Contract # 2014 - way acquisition impacts with company with parcels in Salem and Roanoke County - requires the greenway to have no steeper than five percent grade, of - bridge approaches and retaining walls became Issued Contract Amendments to revise tasks and reallocate fees based on changes in Began Preliminary Design, Surveying, and Environmental Permitting (Phase IIAuthorized Final Engineering and Construction Documents, Right of Way, Bidding, and Redesign of VDOT approved project phasing between Green Hill Park and West Riverside Drive Redesigned width of bridges to reduce project costsTime extensions Coordinated environmental permitting for work necessary within the Roanoke River Removed greenway section between Mill Lane and Riverside Park in Salem from scope due to rightContinuing to negotiate right 003) with Hurt & Proffitt (formerly Anderson & Associates)2022: -- 2014: 2014 2015: Construction Administration (Phases II 2018 project scope:2021: regulation reinterpretation that or slope, where those sections of the greenway had been designed to 8.33 percent grade.2022: Project History 003) - C and III services shall be - The total revised contract amount for Phase II Hurt & Proffitt has requested a contract amendment in the amount of $157,780 due to the project phasing. $816,806, which is 48.9% above the original contract amount.Contract Amendment 8 includes additional design and permitting services for the project phasing, environmental permit reverification, and construction support and administration services.Staff are requesting approval to increase the contract amount to $850,000 to address future increases to the engineering services contract (if necessary) without seeking further Board approval. West Roanoke River Greenway Phase 1 (VDOT UPC 97171)Current Request: Contract Amendment Request 8 (#2014 - mile section mile section -- 0.600.80 way acquisition - of Phase 1:of greenway with a 26space trailhead parking lot along West Riverside DrivePhase 2:of greenway between Green Hill Park and West Riverside Drive Original scope from Green Hill Park (Roanoke County) to Riverside Park (Salem)Riverside Park to Mill Lane removed in 2021, due to challenges Phasing approved by VDOT in August 2022 Project Overview May 2023: January -- November 2023: Construction – November 2022 Revise and finalize design plans for project phasing, reverification of environmental permitsAdvertise, Bidding, and Award Authorization November 2023 2025: West Roanoke River Greenway, Phase 1 Project Schedule (revised 10/26/22) allocation of funds from - allocation of funding between allocation of funding between -- Notes AppropriatedAppropriatedAdopted in FY 2020 Capital Improvement Program; recapital fund to grant fund neededReprojects in the grant fund neededReprojects in the grant fund neededHad not been appropriated; return surplus funding to the RVTPO $499,166$330,600 $2,990,760$4,542,105$1,600,000$2,752,469 $12,715,100 Amount 2) - Total Project Funding Appropriated: Source HSIP/Open Container FundsSurface Transportation Block Grant Program (STBG, formerly Regional Surface Transportation Program RSTP)SMART SCALE (formerly HBRVTPO STBG Adjustment from East Roanoke River Greenway Phase 1 (VDOT UPC 91191)RVTPO STBG Adjustment from East Roanoke River Greenway Phase 1 (VDOT UPC 91191)RVTPO STBG Funding Award West Roanoke River Greenway Phase 1 (VDOT UPC 97171)Project Funding Summary way has been obtained. - of - All needed right Anticipated to begin in 2023. Available within the existing VDOT project budget for the contract amendment. Way: - Contract amendment is needed to update the plan set to break out Phase 1. of - West Roanoke River Greenway Phase 1 (VDOT UPC 97171) Summary Funding: Design: RightConstruction: 003) with Hurt & Proffitt, Inc. up to and - allocation of $4,542,105 in previously appropriated Smart Scale funds from the allocation of $4,352,469 in previously appropriated Surface Transportation Block -- Execution of contract amendment 8 (#2014not to exceed $850,000. This approval would allow staff to address future increases to the engineering services contract (if necessary) without seeking further Board approval.Recapital fund to the grant fund.ReGrant Program (STBG) funds to the project in the grant fund. West Roanoke River Greenway Phase 1 (VDOT UPC 97171) Staff Recommendation Staff recommends that the Board of Supervisors authorize the following actions: Thank you! Questions or Comments? 12 ______________________________________________ ACTION NO. ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 9, 2022 AGENDA ITEM: Ordinance authorizing the acquisition of property at 6781 Mount Chestnut Road (Tax Map Number 075.00-02-33.00- 0000) for the purpose of expanding Happy Hollow Gardens Park, Windsor Hills Magisterial District, and authorizing execution of a deed and other documents necessary to accomplish the acquisition of this real estate SUBMITTED BY: Lindsay B. Webb Parks Planning and Development Manager APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance authorizing the acquisition of property at 6781 Mount Chestnut Road (Tax Map Number 075.00-02-33.00-0000) for the purpose of expanding Happy Hollow Gardens Park, Windsor Hills Magisterial District, and authorizing execution of a deed and other documents necessary to accomplish the acquisition of this real estate BACKGROUND: Happy Hollow Gardens Park is a 49-acre special use park located off Mount Chestnut Road in Roanoke County. The park is comprised of four parcels identified as Tax Parcel IDs 075.00-02-26.00-0000, 075.00-02-27.01-0000, 075.00-02-36.00-0000, and 075.00- 02-36.01-0000. The park is wooded with a trailhead parking lot, small amphitheater, picnic shelter, boardwalk trail through an azalea and rhododendron garden, and approximately two miles of natural surface trails. Happy Hollow Gardens was purchased in 1908 by Bernard and Ellen Wharton, who used the property for their summer home. In 1940, Mr. Wharton started a wholesale nursery business and used Happy Hollow as the propagation site for azaleas and boxwoods. Mrs. Wharton planted a variety of flower garden and ferns on the property. Page 1 of 3 their home on the property and continued to maintain and expand the existing gardens. Tax Parcel IDs 075.00-02-36.00-0000, 075.00-02-36.01-0000, and 075.00-02-27.01- 0000 were donated to Roanoke County in 1985 by the Burgess sisters as a nature park for future generations to enjoy its beauty and tranquility. A life estate was retained with one acre of land on Tax Parcel ID 075.00-02-36.00-0000 where a residential cabin structure is located. The life estate ended in 1998 after the death of Ms. Burgess. Roanoke County has leased the cabin, guesthouse, and one-acre property for residential use at fair market value. Tax Parcel ID 075.00-02-26.00-0000 was donated to Roanoke County in 2007 by Sarah Jane Martin as a gift in memory of Guy M. and Janice K. Martin. The 14-acre property donation was subject to conditions that the County would conserve the land in its natural state as a forest and habitat for wildlife and open for public access as a park with trails for walking and hiking only. In 2022, Mrs. Kathleen Steinbacher approached parks staff about the possibility of donating the rear portion of her 4.26-acre wooded property that is located adjacent to Happy Hollow Gardens Park to Roanoke County. Mrs. Steinbacher and her husband, Thomas J. Landsberg, have agreed to donate a 1.7697-acre portion of their property located at 6781 Mount Chestnut Road, identified as Tax Map Number 075.00-02-33.00- 0000, to Roanoke County for the purposes of expanding Happy Hollow Gardens Park. DISCUSSION: Staff have met with the property owners on numerous occasions to evaluate the property, survey the property lines, and discuss the land acquisition and donation process. In exchange for the property donation, the property owners have requested to record the deed of conveyance by 12/31/2022 with restrictions ensuring that the land will be retained in perpetuity by Roanoke County as a forested open space park that is open for public access and recreational use. There will be no logging or cutting of trees allowed, except as needed to maintain the health of the forest (i.e., removal of dead or diseased trees and invasive species). There will be no commercial or residential development. Consi and Tourism Department intends to manage the property as a special use park in keeping with the current management of Happy Hollow Gardens Park, with the focus directed towards the sensitive development of primitive woodland trails and passive recreation areas. The addition of this property to Happy Hollow Gardens Park will enable the Department to continue providing opportunities for passive, nature-based recreation and environmental education. Simple title research, surveying, and the preparation of a deed and preliminary Page 2 of 3 resubdivision plat have been completed by County staff. A Phase 1 Environmental Site Assessment has been performed by ECS Mid-Atlantic, and staff are awaiting the final report. The preliminary resubdivision plat is under review by Roanoke County Development Services. The 1.7697-acre portion of Tax Parcel ID 075.00-02-33.00-000 will be conveyed to the Roanoke County Board of Supervisors and combined with Tax Parcel ID 075.00-02-36.01.0000. The property is zoned Agricultural/Rural Low Density (AG-1) with a future land use designation of Rural Preserve. FISCAL IMPACT: The property owners have generously agreed to donate the 1.7697 acres to Roanoke County, so there is no compensation due for the proposed property acquisition. The property is wooded, undeveloped with no road frontage, and is considered to have a residual value. The Roanoke County Department of Real Estate Valuation has confirmed that the residual value for the neighborhood in which the parcel is located is $4,000 an acre; therefore, the tax-assessed land value for the 1.7 acres proposed for donation is approximately $6,800. Simple title research, surveying, and the preparation of a deed and plat have been conducted internally by County staff. The Phase 1 Environmental Site Assessment was performed at a cost of $2,743.75. Any closing and recording fees will be the responsibility of Roanoke County. Roanoke County will be responsible for future maintenance of the property. The Pathfinders for Greenways have agreed to provide volunteer services to rehabilitate and relocate existing trails to ensure they are relocated off of the private property being retained by Mr. Landsberg and Mrs. Steinbacher. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and scheduling the second reading for December 13, 2022, subject to staff review and approval of the environmental assessment and resubdivision plat. Page 3 of 3 Proposed 1.7-Acre Donation 44-Acre County Park Intermittent Streams ² 075.00-02-26.00-0000 075.00-02-27.01-0000 075.00-02-36.01-0000 075.00-02-36.01-0000 075.00-02-36.00-0000 Roanoke County, Va 2022 Happy Hollow Gardens Park - Proposed Expansion 1 inch = 398 feet Tax Parcel ID 075.00-02-33.00-0000 Property Donation Feet Date: 10/24/2022 062.5125250375500 PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney VSB # 88094 Office of the County Attorney 5204 Bernard Drive Roanoke, Virginia 24018 RETURN TO: Office of the County Attorney 5204 Bernard Drive Roanoke, Virginia 24018 Consideration: $0.00 Assessed Value: $333,300.00 (based on 4.26 ac. with structure) Title Insurance: None Roanoke County Tax Map Number: Portion of 075.00-02-33.00-0000 (1.7697) This instrument is exempt from the imposition of recordation taxes pursuant to Virginia Code § 58.1- 811(A)(3) and § 58.1-811(D), and exempt from the imposition of fees for services rendered by a clerk or other court officer pursuant to Virginia Code § 17.1-266 THIS DEED OF GIFT, made and entered into the_____ day of ________________, 20___, by and between THOMAS J. LANDSBERG AND KATHLEEN . e STEINBACHER, husband and wife, Grantors; and the BOARD OF SUPERVISORS OF l t i t f o n ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of o i t a n i Virginia, Grantee. m a x e n W I T N E S S E T H: a f o t i f e n e b e h is co-owned by Grantors, and Grantors have the authority to execute this Deed of Gift; and t t u o h t i WHEREAS, Grantors wish to donate the Property as a conservation gift for the purpose w d e r a of conserving the land in its natural state as a forest, habitat for wildlife, open-space, and p e r p n recreational area; e e b s a h WHEREAS, the Property is undeveloped, and contains features which provide d e e d s general forestry, open-space, and recreational benefits to the public; and i h T 1 WHEREAS, Grantee desires to acquire the Property and to make it perpetually available for forestry, open-space, and recreational use; and such, Grantee has indicated it is willing to receive, own, operate, and maintain the Property WHEREAS, Grantors and Grantee intend to accomplish the protection of this Property in perpetuity by Grantee restricting the uses of the Property as hereinafter set forth; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00) cash in hand paid by Grantee unto Grantors, and other good and valuable consideration , the receipt whereof is hereby acknowledged, Grantors do hereby bargain, sell, grant and convey with General Warranty and Modern English Covenants of Title unto Grantee, all of the following lot or parcel of land lying and being in the County of Roanoke, Commonwealth of Virginia, and more particularly described as follows: All that parcel of land consisting of 1.7697 acres, more or less, as shown and described as "PORTION OF TM #075.00-02-33.00.0000 TO BE CONVEYED TO THE ROANOKE COUNTY BOARD OF SUPERVISORS AND COMBINED WITH TM #075.00-02-36.01.0000 1.7697 AC." on the OF SUPERVISORS and THOMAS J. LANDSBERG & KATHLEEN STEINBACHER for EXPANSION OF HAPPY HOLLOW GARDENS PARK MOUNT CHESTNUT ROAD, WINDSOR HILL MAG. DISTRICT, ROANOKE, VA TAX PARCEL 075.00-02-33.00-0000 & 75.00-02-36.01- __________, prepared by the County of Roanoke Department of Development Services, and recorded in the Roanoke County _____________ as Instrument #_____________. BEING a portion of the property conveyed to Thomas J. Landsberg and Kathleen Steinbacher, husband and wife, from Thomas J. Landsberg by deed 2 dated November 21, 2002 and recorded in the Roanoke County Circuit Court TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever. This deed is made subject to all easements, reservations, restrictions, and conditions of record affecting the hereinabove-described Property, and particularly: 1. accompanying legal protections of a park. 2. This Property will be maintained by Roanoke County as a forest for the benefit of wildlife and as a park for the benefit of all of the citizens of the County. No hunting shall be permitted on the Property. There will be no commercial timber harvesting, except as needed to control erosion and protect water quality, to improve wildlife habitat, and to maintain the health of the forest. 3. No permanent building or structure may be built or maintained on the Property other than shelters or amenities for park and recreational purposes and restroom facilities. Industrial, commercial, or residential activities or uses on the Property are prohibited except for temporary or seasonal outdoor activities that do not diminish the conservation values herein protected. No ballfields shall be built on the Property. 4. The County of Roanoke may sell, trade, exchange, or convey this Property without encumbrance or limitation. This right to sell, trade, exchange, or convey this Property is subject to the restrictions set forth in this Deed of Gift. The parties agree that the herein enumerated restrictions shall be deemed to be covenants running with the land and shall be perpetual. In compliance with the provisions of § 18.04 of the Roanoke County Charter, the Board of Supervisors of Roanoke County approved the acquisition of the Property subject 3 to this Deed of Gift by Ordinance #_______________ adopted by the Board of Supervisors of Roanoke County on December 13, 2022. In compliance with the provisions of Virginia Code § 15.2-1803, this Deed of Gift is in the form approved by the County Attorney for the County of Roanoke, and furthermore is executed by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County, pursuant to Ordinance #_______________ adopted by the Board of Supervisors of Roanoke County on December 13, 2022. WITNESS the following signatures and seals: \[Signatures and Notary Acknowledgement on Following Page\] 4 THOMAS J. LANDSBERG (SEAL) COMMONWEALTH OF VIRGINIA CITY / COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________, 2022, by THOMAS J. LANDSBERG. Notary Public Commission Expires: Registration Number: \[Signatures and Notary Acknowledgement on Following Page\] 5 KATHLEEN STEINBACHER (SEAL) COMMONWEALTH OF VIRGINIA CITY / COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________, 2022, by KATHLEEN STEINBACHER. Notary Public Commission Expires: Registration Number: \[Signatures and Notary Acknowledgement on Following Page\] 6 BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia By: Richard L. Caywood, County Administrator COMMONWEALTH OF VIRGINIA CITY / COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this _____ day of ___________, 2022, by Richard L. Caywood, County Administrator, on behalf of the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. Notary Public Commission Expires: Registration Number: Accepted as to form: (SEAL) County Attorney 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, WEDNESDAY, NOVEMBER 9, 2022 ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY AT 6781 MOUNT CHESTNUT ROAD (TAX MAP NO: 075.00-02-33.00-0000) FOR THE PURPOSE OF EXPANDING HAPPY HOLLOW GARDENS PARK, WINDSOR HILLS MAGISTERIAL DISTRICT, AND AUTHORIZING EXECUTION OF A DEED AND OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE ACQUISITION OF THIS REAL ESTATE WHEREAS, Thomas J. Landsberg and Kathleen Steinbacher, husband and wife, are the owners of approximately 4.26 acres located in Roanoke County and identified as Roanoke County Tax Map Number 075.00-02-33.00-0000; and WHEREAS, Thomas J. Landsberg and Kathleen Steinbacher wish to donate a 1.7697-acre portion of this property to the Board of Supervisors of Roanoke County as a conservation gift for the purpose of conserving the land in its natural state as a forest, habitat for wildlife, open-space, and recreational area; WHEREAS, the property to be donated is undeveloped, and contains features which provide general forestry, open-space, and recreational benefits to the public; and WHEREAS, the Board of Supervisors of Roanoke County desires to accept the donated property and to make it perpetually available for forestry, open-space, and recreational use; and WHEREAS, the propert such, Roanoke County would receive, own, operate, and maintain the property as part d Page 1 of 2 WHEREAS, the Board of Supervisors of Roanoke County intends to accomplish the protection of the property in perpetuity by imposing certain restrictions upon the uses of the property as set forth in the Deed of Gift; and WHEREAS, the Board of Supervisors of Roanoke County has determined that it is in the public interest to accept this donation of property; and WHEREAS, § 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance to be held on November 9, 2022, and the second reading to be held on December 13, 2022; NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, as follows: 1. That the acquisition by donation of approximately 1.7697 acres located in Roanoke County, Virginia (a portion of tax map #075.00-02-33.00-0000) is hereby authorized and approved. 2. That the County Administrator, Deputy County Administrator, or Assistant County Administrator are hereby authorized to execute such documents, including but not limited to the Deed of Gift and any other incidental documents required for this acquisition and to take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. 3. That this ordinance is to be in full force and effect upon its passage. Page 2 of 2 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: November 9, 2022 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Open district appointments BACKGROUND: 1. Roanoke County Board of Zoning Appeals: s five (5) year term representing the Windsor Hills Magisterial District expired June 30, 2022. 2. Roanoke County Economic Development Authority (EDA)(appointed by District): -year term on the EDA expired on September 26, 2021 and he does not wish to be reappointed. Max Beyer's four-year term on the EDA expired September 26, 2022 and Mr. Beyer does not wish to be reappointed. Supervisor North has recommended the appointment of Mr. Donald Sowder to represent the Hollins Magisterial District to a four-year term to expire September 26, 2026. Confirmation of this appointment has been added to the Consent Agenda. 3. Roanoke County Library Board (appointed by District): The following District appointments remain open: Page 1 of 2 Vinton Magisterial District Windsor Hills Magisterial District 4. Roanoke County Parks, Recreation and Tourism Advisory Commission (appointed by District): The following appointments remain open: gisterial District expired June 30, 2019. Rich Tomlinson's three (3) year term representing the Vinton Magisterial District expired June 30, 2021. Murray Cook's three (3) year term representing the Windsor Hills Magisterial District expired June 30, 2020. There is also one open Windsor Hills Magisterial District appointee. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 9, 2022 RESOLUTION APPROVING AND 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 November 9, 2022, designated as Item G - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of minutes – July 12, 2022 2. Resolution amending and re-adopting a Grievance Procedure 3. Confirmation of appointment to the Blue Ridge Behavioral Healthcare Board of Directors and the Roanoke County Economic Development Authority 4. Request to accept and allocate grant funds in the amount of $6,200 from the Jacqueline S. and Shelborn L. Spangler Fund of Community Foundation to Roanoke County Fire and Rescue for the purchase of a thermal imaging camera for the Back Creek Fire & Rescue Station #11 5. The petition of Panda Storage Rentals and Sales to obtain a special use permit for equipment sales and rentals and a special use permit for mini-warehouse on approximately 4.82 acres on land zoned C-2, High Intensity Commercial District, located in the 5300 block of West Main Street and the 5400 block of Pleasant Run Drive, Catawba Magisterial District (First Reading and Request for Public Hearing) 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: November 9, 2022 AGENDA ITEM: Resolution amending and re-adopting a Grievance Procedure SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Amendment and re-adoption of a grievance procedure. BACKGROUND: Pursuant to Section 15.2-1506 of the Code of Virginia, every locality with more than Section 15.2-1507 requires that such a grievance procedure be adopted b governing body. employment. The four grievable issues include tangible actions relating to: 1) discipline; 2) discrimination; 3) retaliation; and 4) misapplication of policy. Non-probationary full and part-time employees are eligible to file grievances. However, certain classes of high-level managerial employees may be excluded. Section 4.01 of the County Charter, which sets forth the powers and duties of the county administrator, Page 1 of 2 This is consistent with Section 15.2-1507 of the Code of Virginia, which sets forth employees that are or may be ineligible to file grievances, including · Officials and employees who by charter or other law serve at the will or pleasure of an appointing authority, and · Agency heads or chief executive officers of government operations. The presently adopted grievance procedure is confusing on the point of whether department heads may file grievances. Chapter 6, Section B states, in part, that ant county administrators and department directors may file grievances regarding will determine which positions are exempt from the application of the grievance procedure." DISCUSSION: It is proposed that the grievance procedure be revised and re-adopted to clarify this issue and to make the grievance procedure consistent with the County Charter. Additionally, other minor revisions have been made, as set forth in the attached document. FISCAL IMPACT: There is no fiscal impact associated with this action. STAFF RECOMMENDATION: Staff recommends adoption of the proposed resolution. Page 2 of 2 CHAPTER 6 GRIEVANCE PROCEDURE A. Purpose Generally, the majority of employee/employer problems can be settled to the satisfaction of both through informal discussion between the employee and the supervisor. If not, the Grievance Procedure described herein may be used. Any supervisor or other management official who makes a reprisal against an employee for filing a grievance may be subject to disciplinary action, including demotion or dismissal. B. Personnel who are Subject to Grievance Procedure The following personnel may use the Grievance Procedure: Non-probationary, full-time employees of constitutional officers who have chosen to have their offices participate in the grievance procedure All other non-probationary, full-time employees Part-time employees who have worked for the County at least six consecutive months Probationary, temporary and seasonal employees may file a grievance if the complaint involves a charge of unlawful discrimination. The following County employees may not use the Grievance Procedure except where noted below: Elected officers Chief Deputies of Constitutional Officers Board-appointed officers Elected officers The County Administrator The County Attorney Chief Deputies of constitutional officers Deputy County Administrator Assistant County Administrators Administrator Assistant to the County Administrator Executive Assistant to the County Administrator Department directors Heads Probationary, temporary, limited term, and seasonal employees Law enforcement officers who choose to file a grievance under the statutory grievance procedure for law enforcement personnel Probationary, temporary, limited term, and seasonal employees may file a grievance if the complaint involves a charge of unlawful discrimination. Assistant county administrators and department directors may file grievances regarding disciplinary actions limited to dismissals. The County Administrator will determine which positions are exempt from the application of the grievance procedure. C. Management Rights The County has management rights, or the authority to arrange its human and material resources in order to provide efficient and effective services to County residents. Nothing in the Grievance Procedure is intended to restrict or change the management rights, so long as they are not exercised in an arbitrary and/or capricious manner. D. Using the Grievance Procedure 1. Definitions A grievance is a complaint or dispute by an employee relating to his or her employment; a grievant is an employee who files a grievance. An employee has the right to use the Grievance Procedure for any matter he or she believes needs to be formally addressed. However, the County Administrator will determine grievability in accord with this Grievance Procedure, or (whether an complaint will be resolved using the Grievance Procedure). If the County Administrator determines that the complaint is not grievable, the employee may appeal the decision to the Roanoke County Circuit Court. The employee also has the option to request administrative review of the complaint outside the Grievance Procedure. 2. Grievable Complaints The County has set out circumstances where a complaint will be determined grievable and situations where it will not. Complaints or disputes related to the following are subject to the County grievance procedure: Disciplinary actions involving dismissal, demotion, suspension, or written reprimand Dismissals resulting from discipline or unsatisfactory job performance Concerns regarding the proper application of personnel policies and regulations Complaints of discrimination on the basis of race, color, religion, age, sex, political affiliation, handicap or disability, veteran status, or national origin as outlined in Chapter 1 of this Handbook Any complaint alleging any action that would be prohibited by Title II of the Americans with Disabilities Act An employee will typically be allowed to use the Grievance Procedure for complaints or disputes related to retaliation or acts of reprisal associated with the following: Using the Grievance Procedure or participating in the grievance of another County employee Compliance with any Federal or Virginia law Reporting any violation of Federal or Virginia law to a governmental authority Seeking to change Federal or Virginia law before the Congress of the United States or the Virginia General Assembly 3. Non-Grievable Complaints Complaints or disputes related but not limited to the following will generally be deemed not grievable: Management rights as described above in Chapter 6, Section C of this handbook Content of ordinances, statutes, or established policies or regulations Establishment or revision of wages, salaries, position classifications, reclassifications, or general benefits Failure to be promoted except where the employee can show that established policies were not followed or applied fairly Work activity accepted by the employee as a condition of employment or work activity which may be reasonably expected to be part of the job content Measurement and assessment of work activity through performance evaluation, except where the employee can show that the performance evaluation was arbitrary or capricious Dismissal, demotion, or layoff because of lack of work, reduction in work force, or job abolition, except where the action affects an employee who has been reinstated within the previous 6 months as the result of the final determination of a grievance 4. Grievance forms are available on the HR Intranet site. E. Employee Rights and Representation The grievant shall be permitted to be accompanied or represented by an individual of his or her choosing at the Step III meeting and the Step IV panel hearing. The grievant is responsible for any expenses related to representation. By mutual agreement, the grievant and the County may extend the time periods established in the steps of the Grievance Procedure, unless law designates those time periods. F. Determining and Appealing Grievability Whether or not a matter is grievable may be raised at any time during the Grievance Procedure until the Step IV panel hearing begins. Once raised, the issue of grievability must be resolved before the panel hearing convenes, otherwise it shall be considered waived. At the request of either management or the grievant, the County Administrator will decide whether or not a matter is grievable. The Determination of Grievability form must be used to make the request, and the decision shall be made within 10 calendar days of its receipt. The grievant may appeal the decision by signing the Notice of Appeal section on the form and returning it to the County Administrator within 10 calendar days of the decision. A copy of the form asking for appeal must be given to the Department of Human Resources. The grievant must also file a motion with the Clerk of the Roanoke County Circuit Court. The County Administrator will then have 10 calendar days to transmit a copy of his or her decision, a copy of the notice of appeal, and any exhibits to the Clerk of the Circuit Court. A list of any exhibits or evidence given to the Court shall be given to the grievant at the same time. If the County Administrator fails to transmit the materials within the time allowed, the rights shall not be compromised. The Court, on a motion filed by the grievant, may issue a writ of certiorari, which would require the County Administrator to transmit the records to the Clerk on or before a specified date. The Court may affirm, reverse, or modify the County decision. G. Compliance Both the grievant and the County must comply with the substantial procedural requirements of the Grievance Procedure. If one party does not comply, the other party must send a written notice of the violation to the other. A copy of the notification must also be sent to the County Administrator. The County Administrator or the designee shall make the final determination on all compliance issues. The violator must correct the violation within 5 working days of receiving the written notice. Decisions made by the County Administrator or the designee may be appealed by filing a petition with the Clerk of the Circuit Court within 30 days of the compliance determination. H. Procedure Grievances beyond the informal discussion step shall be documented in writing on forms available on the HR Intranet site. During Steps I, II and III, both the grievant and the County may call upon appropriate witnesses. The grievant and the appropriate County representative shall make a reasonable effort to notify one another at least 24 hours in advance of all witnesses expected to appear at their meeting. Either party has the right to have any witness excluded during the meeting when that witness is not actually testifying. The resolution of complaints or disputes through the Grievance Procedure shall proceed in the following manner: 1. Informal Discussion with the Immediate Supervisor An employee with a complaint shall first discuss the problem directly with his or her immediate supervisor; the complaint does not need to be in writing at this point. The immediate supervisor shall provide a written response within 10 calendar days following their discussion. If the problem is not resolved through informal discussion, the employee has the right to pursue the grievance through the procedure outlined below. 2. Step I Meeting with the Step I Official If the informal discussion does not resolve the complaint, the employee may file a written grievance with the department director on the Grievance Form located on the HR Intranet site. The written grievance must be filed within 30 calendar days of the date the employee knew or should have known of the management act or omission that formed the basis of the complaint. This 30 day deadline applies even where the informal resolution process is on- going. The 30 day time limitation may be extended only if both parties consent in writing. A Step I official shall submit a copy of the Grievance form to the Director of Human Resources as soon as it is received. For most departments, the department director is the Step I official. The Chief of Police, Chief of Fire and Rescue, and the Sheriff may designate in writing another appropriate official at the rank of Captain or above to be the Step I official for addressing grievances originating in their departments. The Step I official shall call a meeting to gather information about the grievance within 10 calendar days of receiving the Grievance form. The grievant and Step I official are the only persons who may be present at this meeting. Either party may call witnesses during the meeting to present facts and evidence related to the grievance. The Step I official shall give a written response to the grievant within 10 calendar days following the Step I meeting, and a copy of the response shall be given to the Director of Human Resources. 3. Step II Meeting with the Top Level Official If the Step I written response does not resolve the grievance, the grievant may indicate his or her disapproval on the Grievance form and resubmit the form within 10 calendar days to the appropriate Assistant County Administrator or other top level management official; these persons serve as the Step II top level official. Should the next level of supervision for a department be the County Administrator, the grievance shall proceed directly to Step III. For employees of the Police Department, Fire and Rescue, or the Office, Step II grievances will be addressed by the Chief of Police, Chief of Fire and Rescue, or the Sheriff, respectively, if these officials have not already addressed the grievance. The top level official shall call a meeting to gather information about the grievance within 10 calendar days of receiving the Grievance form. The top level official shall give a written response to the grievant within 10 calendar days following the Step II meeting, and a copy of the response shall be given to the Director of Human Resources. 4. Step III Meeting with the County Administrator If the Step II written response does not resolve the grievance, the grievant may again indicate his or her disapproval on the Grievance form and resubmit the form to the County Administrator within 10 calendar days of the Step II reply. The County Administrator shall call a meeting to gather information about the grievance within 10 calendar days of receiving the Grievance form. At the agreement of both parties, tThe County Administrator may designate an Assistant County Administrator assign a designee of his or her choosing to address the grievance, if an Assistant County Administrator that designee has not already served as the Step II top level official, provided, however, that the designee must be at a higher level of local government management than the Step II level official. At the Step III meeting, the grievant may have a representative present. If the grievant is represented by legal counsel, the County may likewise be represented by counsel. Either party may call witnesses during this meeting to present facts and evidence related to the grievance. The County Administrator shall give a written reply to the grievant within 10 calendar days following the Step III meeting, and a copy of the reply shall be given to the Director of Human Resources. 5. Step IV Panel Hearing If the Step III written response does not resolve the grievance, the grievant may request a panel hearing. The request for the Step IV panel hearing shall be submitted in writing to the County Administrator on the Panel Hearing Form, located on the HR Intranet site, within 10 calendar days from receiving the Step III decision. The County Administrator shall immediately submit a copy of the panel hearing request to the Director of Human Resources. The County Administrator or the designee shall arrange a hearing and forward copies of the grievance to the panel members. The panel is appointed by the Board of Supervisors and consists of three regular members and four alternate members. All are appointed for three-year terms. The panel selects a chairperson at the beginning of each grievance panel hearing. To ensure impartiality, the following persons will be disqualified and will not serve on the panel: Individuals who are directly involved with the grievance or with the circumstance that caused the grievance An attorney who is directly involved with the grievance or a partner, associate, employee, or co-employee of such an attorney Individuals related by blood, adoption or marriage of any participant in the grievance An alternate panel member shall serve for any member disqualified from the grievance hearing. The panel shall hear the appeal within 10 calendar days from receiving the case or as soon as a panel can reasonably be assembled. I. Rules and Guidelines for Conducting Panel Hearings 1. Panel Rules Governing Step IV Appeals a. The panel has the responsibility to rule on the interpretation and application of the personnel policies, rules, and regulations. It is not authorized to create policies or procedures or to change existing policies or procedures. b. At the request of either party that the hearing be private, the panel shall determine whether persons who do not have an interest in the hearing may be present. c. Before the Step IV hearing begins, the County shall simultaneously give copies of the grievance record, including any documents, to the panel members and the grievant. The County shall give the grievant and his or her attorney access to view and/or copy all relevant files that will be used in the Step IV hearing. They shall be given access to these files at least 10 days prior to the hearing. d. Both parties shall be given full and equal opportunity to present their evidence. The panel chairperson shall have the authority to determine the admissibility of evidence, without regard to the burden of proof, and the order of presentation of evidence. The panel may receive evidence exhibits offered by the grievant or the County, and these shall be marked and made part of the record. e. The hearing is not intended to be conducted like a Court proceeding, and the formal Court rules of evidence do not apply. All evidence shall be presented in the presence of the full panel and both parties, unless both parties mutually agree otherwise. f. At least 5 days in advance of the hearing, the parties will exchange copies of all documents and exhibits that will be introduced at the hearing and a list of expected witnesses. g. The decision on the appeal shall be made by majority vote. It shall be final so long as the decision is within the authority. The decision will be subject to existing County policies, procedures, ordinances, and any applicable laws. h. No later than 10 calendar days after the Step IV hearing is complete, the chairperson shall file the decision with the County Administrator using the Panel Hearing Form. The County Administrator shall promptly send copies of the decision to the grievant, the top level official, and the Director of Human Resources. 2. Implementation a. Once the panel has concluded the hearing and reached a decision, the County consistent with State and federal laws and County policies. b. consistent with State and federal laws and County policies, the party in disagreement shall inform the panel and the other party within 10 calendar days of receiving the decision. Either party may petition the Circuit Court for an order requiring the County Administrator c. The question of whether a panel decision is consistent with County policies Attorney if the County Administrator or the designee is directly involved with the grievance. 3. Costs Incurred The grievant will bear all costs for legal representation or for preparing his or her case during the grievance process. CHAPTER 6 GRIEVANCE PROCEDURE A. Purpose Generally, the majority of employee/employer problems can be settled to the satisfaction of both through informal discussion between the employee and the supervisor. If not, the Grievance Procedure described herein may be used. Any supervisor or other management official who makes a reprisal against an employee for filing a grievance may be subject to disciplinary action, including demotion or dismissal. B. Personnel who are Subject to Grievance Procedure The following personnel may use the Grievance Procedure: Non-probationary, full-time employees of constitutional officers who have chosen All other non-probationary, full-time employees Part-time employees who have worked for the County at least six consecutive months Probationary, temporary and seasonal employees may file a grievance if the complaint involves a charge of unlawful discrimination. The following County employees may not use the Grievance Procedure: Elected officers Chief Deputies of Constitutional Officers Board-appointed officers The County Administrator The County Attorney Deputy County Administrator Assistant County Administrator Assistant to the County Administrator Executive Assistant to the County Administrator Department Heads Probationary, temporary, limited term, and seasonal employees Law enforcement officers who choose to file a grievance under the statutory grievance procedure for law enforcement personnel C. Management Rights The County has management rights, or the authority to arrange its human and material resources in order to provide efficient and effective services to County residents. Nothing in the Grievance Procedure is intended to restrict or change the management rights, so long as they are not exercised in an arbitrary and/or capricious manner. D. Using the Grievance Procedure 1. Definitions A grievance is a complaint or dispute by an employee relating to his or her employment; a grievant is an employee who files a grievance. An employee has the right to use the Grievance Procedure for any matter he or she believes needs to be formally addressed. However, the County Administrator will determine grievability in accord with this Grievance Procedure ( resolved using the Grievance Procedure). If the County Administrator determines that the complaint is not grievable, the employee may appeal the decision to the Roanoke County Circuit Court. The employee also has the option to request administrative review of the complaint outside the Grievance Procedure. 2. Grievable Complaints The County has set out circumstances where a complaint will be determined grievable and situations where it will not. Complaints or disputes related to the following are subject to the County grievance procedure: Disciplinary actions involving dismissal, demotion, suspension, or written reprimand Dismissals resulting from discipline or unsatisfactory job performance Concerns regarding the proper application of personnel policies and regulations Complaints of discrimination on the basis of race, color, religion, age, sex, political affiliation, handicap or disability, veteran status, or national origin as outlined in Chapter 1 of this Handbook Any complaint alleging any action that would be prohibited by Title II of the Americans with Disabilities Act An employee will typically be allowed to use the Grievance Procedure for complaints or disputes related to retaliation or acts of reprisal associated with the following: Using the Grievance Procedure or participating in the grievance of another County employee Compliance with any Federal or Virginia law Reporting any violation of Federal or Virginia law to a governmental authority Seeking to change Federal or Virginia law before the Congress of the United States or the Virginia General Assembly 3. Non-Grievable Complaints Complaints or disputes related but not limited to the following will generally be deemed not grievable: Management rights as described above in Chapter 6, Section C of this handbook Content of ordinances, statutes, or established policies or regulations Establishment or revision of wages, salaries, position classifications, reclassifications, or general benefits Failure to be promoted except where the employee can show that established policies were not followed or applied fairly Work activity accepted by the employee as a condition of employment or work activity which may be reasonably expected to be part of the job content Measurement and assessment of work activity through performance evaluation, except where the employee can show that the performance evaluation was arbitrary or capricious Dismissal, demotion, or layoff because of lack of work, reduction in work force, or job abolition, except where the action affects an employee who has been reinstated within the previous 6 months as the result of the final determination of a grievance 4. E. Employee Rights and Representation The grievant shall be permitted to be accompanied or represented by an individual of his or her choosing at the Step III meeting and the Step IV panel hearing. The grievant is responsible for any expenses related to representation. By mutual agreement, the grievant and the County may extend the time periods established in the steps of the Grievance Procedure, unless law designates those time periods. F. Determining and Appealing Grievability Whether or not a matter is grievable may be raised at any time during the Grievance Procedure until the Step IV panel hearing begins. Once raised, the issue of grievability must be resolved before the panel hearing convenes, otherwise it shall be considered waived. At the request of either management or the grievant, the County Administrator will decide whether or not a matter is grievable. The Determination of Grievability form must be used to make the request, and the decision shall be made within 10 calendar days of its receipt. The grievant may appeal the decision by signing the Notice of Appeal section on the form decision. A copy of the form asking for appeal must be given to the Department of Human Resources. The grievant must also file a motion with the Clerk of the Roanoke County Circuit Court. The County Administrator will then have 10 calendar days to transmit a copy of his or her decision, a copy of the notice of appeal, and any exhibits to the Clerk of the Circuit Court. A list of any exhibits or evidence given to the Court shall be given to the grievant at the same time. If the County Administrator fails to transmit the materials within filed by the grievant, may issue a writ of certiorari, which would require the County Administrator to transmit the records to the Clerk on or before a specified date. The Court G. Compliance Both the grievant and the County must comply with the substantial procedural requirements of the Grievance Procedure. If one party does not comply, the other party must send a written notice of the violation to the other. A copy of the notification must also be sent to the County Admi final determination on all compliance issues. The violator must correct the violation within 5 working days of receiving the written notice. Decisions made by the County Administrator or the designee may be appealed by filing a petition with the Clerk of the Circuit Court within 30 days of the compliance determination. H. Procedure Grievances beyond the informal discussion step shall be documented in writing on forms availabl. During Steps I, II and III, both the grievant and the County may call upon appropriate witnesses. The grievant and the appropriate County representative shall make a reasonable effort to notify one another at least 24 hours in advance of all witnesses expected to appear at their meeting. Either party has the right to have any witness excluded during the meeting when that witness is not actually testifying. The resolution of complaints or disputes through the Grievance Procedure shall proceed in the following manner: 1. Informal Discussion with the Immediate Supervisor An employee with a complaint shall first discuss the problem directly with his or her immediate supervisor; the complaint does not need to be in writing at this point. The immediate supervisor shall provide a written response within 10 calendar days following their discussion. If the problem is not resolved through informal discussion, the employee has the right to pursue the grievance through the procedure outlined below. 2. Step I Meeting with the Step I Official may file a written grievance with the department director on the Grievance Form located on the HR Depa. must be filed within 30 calendar days of the date the employee knew or should have known of the management act or omission that formed the basis of the complaint. This 30 day deadline applies even where the informal resolution process is on- going. The 30 day time limitation may be extended only if both parties consent in writing. A Step I official shall submit a copy of the Grievance form to the Director of Human Resources as soon as it is received. For most departments, the department director is the Step I official. The Chief of Police, Chief of Fire and Rescue, and the Sheriff may designate in writing another appropriate official at the rank of Captain or above to be the Step I official for addressing grievances originating in their departments. The Step I official shall call a meeting to gather information about the grievance within 10 calendar days of receiving the Grievance form. The grievant and Step I official are the only persons who may be present at this meeting. Either party may call witnesses during the meeting to present facts and evidence related to the grievance. The Step I official shall give a written response to the grievant within 10 calendar days following the Step I meeting, and a copy of the response shall be given to the Director of Human Resources. 3. Step II Meeting with the Top Level Official If the Step I written response does not resolve the grievance, the grievant may indicate his or her disapproval on the Grievance form and resubmit the form within 10 calendar days to the appropriate Assistant County Administrator or other top level management official; these persons serve as the Step II top level official. Should the next level of supervision for a department be the County Administrator, the grievance shall proceed directly to Step III. For employees of the Police addressed by the Chief of Police, Chief of Fire and Rescue, or the Sheriff, respectively, if these officials have not already addressed the grievance. The top level official shall call a meeting to gather information about the grievance within 10 calendar days of receiving the Grievance form. The top level official shall give a written response to the grievant within 10 calendar days following the Step II meeting, and a copy of the response shall be given to the Director of Human Resources. 4. Step III Meeting with the County Administrator If the Step II written response does not resolve the grievance, the grievant may again indicate his or her disapproval on the Grievance form and resubmit the form to the County Administrator within 10 calendar days of the Step II reply. The County Administrator shall call a meeting to gather information about the grievance within 10 calendar days of receiving the Grievance form. The County Administrator may assign a designee of his or her choosing to address the grievance, if that designee has not already served as the Step II top level official, provided, however, that the designee must be at a higher level of local government management than the Step II level official. At the Step III meeting, the grievant may have a representative present. If the grievant is represented by legal counsel, the County may likewise be represented by counsel. Either party may call witnesses during this meeting to present facts and evidence related to the grievance. The County Administrator shall give a written reply to the grievant within 10 calendar days following the Step III meeting, and a copy of the reply shall be given to the Director of Human Resources. 5. Step IV Panel Hearing If the Step III written response does not resolve the grievance, the grievant may request a panel hearing. The request for the Step IV panel hearing shall be submitted in writing to the County Administrator on the Panel Hearing Form, located on the within 10 calendar days from receiving the Step III decision. The County Administrator shall immediately submit a copy of the panel hearing request to the Director of Human Resources. The County Administrator or grievance to the panel members. The panel is appointed by the Board of Supervisors and consists of three regular members and four alternate members. All are appointed for three-year terms. The panel selects a chairperson at the beginning of each grievance panel hearing. To ensure impartiality, the following persons will be disqualified and will not serve on the panel: Individuals who are directly involved with the grievance or with the circumstance that caused the grievance An attorney who is directly involved with the grievance or a partner, associate, employee, or co-employee of such an attorney Individuals related by blood, adoption or marriage of any participant in the grievance An alternate panel member shall serve for any member disqualified from the grievance hearing. The panel shall hear the appeal within 10 calendar days from receiving the case or as soon as a panel can reasonably be assembled. I. Rules and Guidelines for Conducting Panel Hearings 1. Panel Rules Governing Step IV Appeals a. The panel has the responsibility to rule on the interpretation and application of the create policies or procedures or to change existing policies or procedures. b. At the request of either party that the hearing be private, the panel shall determine whether persons who do not have an interest in the hearing may be present. c. Before the Step IV hearing begins, the County shall simultaneously give copies of the grievance record, including any documents, to the panel members and the grievant. The County shall give the grievant and his or her attorney access to view and/or copy all relevant files that will be used in the Step IV hearing. They shall be given access to these files at least 10 days prior to the hearing. d. Both parties shall be given full and equal opportunity to present their evidence. The panel chairperson shall have the authority to determine the admissibility of evidence, without regard to the burden of proof, and the order of presentation of evidence. The panel may receive evidence exhibits offered by the grievant or the County, and these shall be marked and made part of the record. e. The hearing is not intended to be conducted like a Court proceeding, and the formal Court rules of evidence do not apply. All evidence shall be presented in the presence of the full panel and both parties, unless both parties mutually agree otherwise. f. At least 5 days in advance of the hearing, the parties will exchange copies of all documents and exhibits that will be introduced at the hearing and a list of expected witnesses. g. be subject to existing County policies, procedures, ordinances, and any applicable laws. h. No later than 10 calendar days after the Step IV hearing is complete, the the Panel Hearing Form. The County Administrator shall promptly send copies of the decision to the grievant, the top level official, and the Director of Human Resources. 2. Implementation a. Once the panel has concluded the hearing and reached a decision, the County consistent with State and federal laws and County policies. b. consistent with State and federal laws and County policies, the party in disagreement shall inform the panel and the other party within 10 calendar days of receiving the decision. Either party may petition the Circuit Court for an c. The question of whether a panel decision is consistent with County policies shall be determined Attorney if the County Administrator or the designee is directly involved with the grievance. 3. Costs Incurred The grievant will bear all costs for legal representation or for preparing his or her case during the grievance process. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 9, 2022 RESOLUTION AMENDING AND RE-ADOPTING A GRIEVANCE PROCEDURE WHEREAS, pursuant to Section 15.2-1506 of the Code of Virginia, every locality employees; and WHEREAS, Section 15.2-1507 requires that such a grievance procedure be WHEREAS, section 4.01 of the County Charter, which sets forth the powers and each super superintendent or department head so appointed shall serve at the pleasure of the WHEREAS, this is consistent with Section 15.2-1507 of the Code of Virginia, which sets forth employees that are or may be ineligible to file grievances, including · Officials and employees who by charter or other law serve at the will or pleasure of an appointing authority, and · Agency heads or chief executive officers of government operations; and WHEREAS, the presently adopted grievance procedure is confusing on the point of whether department heads may file grievances. Chapter 6, Section B states, in part, grievances Page 1 of 2 Administrator will determine which positions are exempt from the application of the grievance procedure"; and WHEREAS, it is proposed that the grievance procedure be revised and re- adopted to clarify this issue and to make the grievance procedure consistent with the County Charter, and to further make other minor revisions. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, that 1. the -adopted as set forth in the attached document marked as Exhibit 1, and titled, Chapter 6 GRIEVANCE PROCEDURE. 2. The amended and re-adopted Grievance Procedure shall become effective upon its certification (by the County Administrator and County Attorney) to the clerk of the Roanoke County Circuit Court, pursuant to Section 15.2-1507(A) of the Code of Virginia. 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: November 9, 2022 AGENDA ITEM: Confirmation of appointment to the Blue Ridge Behavioral Healthcare Board of Directors and the Roanoke County Economic Development Authority SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Confirmation of appointments DISCUSSION: Blue Ridge Behavioral Healthcare Board of Directors: -year term will expire December 21, 2025. Staff has recommended Madeline Sefcik be appointed to this Board for a three-year term to expire December 31, 2025 Roanoke County Economic Development Authority (EDA): -year term representing the Hollins District on the EDA expired on September 26, 2022. Mr. Beyer has advised he no longer wants to serve on this Authority. Mr. North has recommended the appointment of Donald Sowder to a four- year term to expire September 26, 2026. STAFF RECOMMENDATION: Staff recommends confirmation of these appointments. 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: November 9, 2022 AGENDA ITEM: Request to accept and allocate grant funds in the amount of $6,200 from the Jacqueline S. and Shelborn L. Spangler Fund of Community Foundation to Roanoke County Fire and Rescue for the purchase of a thermal imaging camera for the Back Creek Fire & Rescue Station #11 SUBMITTED BY: C. Travis Griffith Chief of Fire and Rescue APPROVED BY: Richard L. Caywood County Administrator ISSUE: Accept and allocate grant funds for $6,200 from the Jacqueline S. and Shelborn L. Spangler Fund of Community Foundation to Roanoke County Fire and Rescue for the purchase of a thermal imaging camera for the Back Creek Fire & Rescue Station #11. BACKGROUND: The Community Foundation Serving Western Virginia has served the Roanoke Valley and much of southwest Virginia for over 30 years. Currently, it administers and makes grants from over 300 named endowment funds on behalf of the community. One of those funds is the Jacqueline S. and Shelborn L. Spangler Fund. The Spangler Fund is designed to make grants that benefit the communities in the Rt. 221 corridor from Cotton Hill Road up Bent Mountain to Check in Floyd County. DISCUSSION: Community Foundation has awarded grant funds in the amount of $6,200 to Roanoke County Fire and Rescue from the Spangler Fund. The funds are intended to purchase a thermal imaging camera for the Back Creek Fire & Rescue Station #11 FISCAL IMPACT: Page 1 of 2 The Spangler Fund will cover 100% of the cost of the thermal imaging camera for the Back Creek Station. No additional County funds are required. STAFF RECOMMENDATION: Staff recommends accepting an allocating $6,200 to the Grant Fund for the purchase of a thermal imaging camera for the Back Creek Fire & Rescue Station #11 Page 2 of 2 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: November 9, 2022 AGENDA ITEM: The petition of Panda Storage Rentals and Sales to obtain a special use permit for equipment sales and rentals and a special use permit for mini-warehouse on approximately 4.82 acres on land zoned C-2, High Intensity Commercial District, located in the 5300 block of West Main Street and the 5400 block of Pleasant Run Drive, Catawba Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for December 13, 2022. The title of this ordinance is as follows: 1. The petition of Panda Storage Rentals and Sales to obtain a special use permit for equipment sales and rentals and a special use permit for a mini-warehouse on approximately 4.82 acres on land zoned C-2, High Intensity Commercial District, located in the 5300 block of West Main Street and the 5400 block of Pleasant Run Drive, Catawba Magisterial District. Page 1 of 2 DISCUSSION: There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for December 13, 2022. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 Application Requirements Consultationwith the County Planning staff to review the feasibility of the proposal and to obtain recommended procedures and technical assistance. Applicant is encouraged to contact adjoining property owners to inform them of the proposal. Applicationmust be legible and signed by property owner, contract purchaser, or owner’s agent. Justificationstating in general terms the change in use of the property, the effect of the changes on the surrounding area, the reasons for therequest, the consistency of the request with the Community Plan, and the consistency of the request with the general purposes of the Zoning Ordinance and the purpose stated at the beginning of the applicable district regulations. Concept Planof the proposed project and the concept plan checklistmust be submitted with the applications. Plan must be 8.5” x 11”. Metes and bounds descriptionmust accompany rezoning application. Water and sewer application and planimetric mapsmust accompany rezoning and special use permit application, if applicable. List of adjoining property ownersincluding owner’s names, addresses (mailing address including zip code) and tax map numbers of all adjoining properties and those directly across any public right-of-way must accompany application, including those in adjacent jurisdictions. Refer to tax records in the County Assessor’s office. Application feesmust accompany application and are as follows: Rezoning Agri/Single/Two$415+ $20/acre or portion thereof Rezoning Multi-family$860+ $25/acre or portion thereof Rezoning Industrial$840+ $30/acre or portion thereof Rezoning Commercial$945+ $32/acre or portion thereof Land Use Plan Amendment$710 Special Use Landfill$1,875 Special Use Other$150 Variance$190 Waiver$190 Administrative Appeal$275 Technology Fee 3% fee on all permit issuing fees In addition, the applicant must pay legal advertisement fees. Staffwill prepare ad for the applicant and deliver ad to The Roanoke Times.The applicantwill be billed by The Roanoke Timesfor the ad. Public Hearing Noticesmust be posted at clearly visible locations along the street frontage or property lines of the subject property. Notices will be issued by Planning & Zoning following receipt of the completed application. For further information or assistance, please contact: Department of Community Development -Planning & Zoning 5204 Bernard Drive, SW P O Box 29800 Roanoke, VA 24018-0798 Phone (540) 772-2068-Fax (540)776-7155 E-Mail: planning@roanokecountyva.gov All required items must be submitted before the application deadline. 1 x ; Mini-warehouse JUSTIFICATION FOR VARIANCE REQUEST Applicant The of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following factors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If additional space is needed, use additional sheets of paper. 1. The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the Zoning Ordinance. 2. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. 3. Evidence supporting claim: 4 JUSTIFICATION FOR ADMINISTRATIVE APPEAL REQUEST Applicant Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper. 1. Reasons for appeal: 2. Evidence supporting claim: 5 Community Development Planning & Zoning Division P OTENTIAL OF N EED FOR T RAFFIC A NALYSIS AND/OR T RAFFIC I MPACT S TUDY The following is a list of potentially high traffic-generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. High Traffic-Generating Land Uses: Single-family residential subdivisions, Multi-family residential units, or Apartments with more than 75 dwelling units Restaurant (with or without drive-through windows) Gas station/Convenience store/Car wash Retail shop/Shopping center Offices (including: financial institutions, general, medical, etc.) Regional public facilities Educational/Recreational facilities Religious assemblies Hotel/Motel Golf course Hospital/Nursing home/Clinic Industrial site/Factory Day care center Bank Non-specific use requests Road Network Situations: Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly When required to evaluate access issues Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan,Six-Yr Road Plan, etc.) Development in an area where there is a known existing traffic and/or safety problem Development would potentially negatively impact existing/planned traffic signal(s) Substantial departure from the Community Plan Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day 7 Metes and Bounds Description of Roanoke County, Virginia Tax # 064.01-03-06.00-0000 Beginning at a point on the northerly right-of-way line of old U.S. Route 11, now Pleasant Run Drive, State Route # 796, being the common corner to Roanoke County Tax # 064.01-03-04.00-0000 located at 5264 West Main Street, Salem, Virginia, being the property of the Joy Allen BOONE Revocable Trust as acquired in Instrument # 202111235 of the circuit court of Roanoke County, Virginia; Thence leaving the Joy Allen BOONE Revocable Trust property and with the northerly right-of-way line of old U.S. Route 11, S 50° 27’ 00” W, a distance of 384.40 feet to a point, the common corner of Roanoke County Tax # 064.01-03-07.01-0000 located at 5405 Pleasant Run Drive, Salem, Virginia, being the property of Michael Joseph BUTLER and Deborah Jeanne BUTLER as acquired in Instrument # 202008758 and being Lot “B”, 1.0128 acres as created in Plat Instrument # 202012805 of the aforesaid Clerk’s Office; Thence leaving the northerly side of old U.S. Route 11, now Pleasant Run Drive and with the common property line of the Michael Joseph BUTLER and Deborah Jeanne BUTLER property, N 39° 33’ 00” W, a distance of 392.00 feet to a point on the westerly side of the herein described property and the common corner of Roanoke County Tax # 064.01-03-07.01-0000 and Tax # 064.01-03-08.00-0000 being the property of Bobbie J. Oyler and Brenda L. Johnston as acquired in Will Book 201600661; Thence leaving the said property of Michael Joseph BUTLER and Deborah Jeanne BUTLER and continuing with the westerly side of the herein described property and the said property of Bobbie J. Oyler and Brenda L. Johnston, N 39° 33’ 00” W, a distance of 199.30 feet to a point on the southerly right-of-way line of the present location of U.S. Route 11/460; Thence leaving the said property of Bobbie J. Oyler and Brenda L. Johnston and with the southerly right- of-way line of U.S. Route 11/460, 386.49 feet along the arc of a curve to the right having a radius of 3,739.72 feet, a chord bearing and distance of N 63° 09’ 15” E, 386.32 feet to a point, the common corner of the herein described property and the said property of the Joy Allen BOONE Revocable Trust; Thence leaving the southerly right-of-way line of U.S. Route 11/460 and with the said property of the Joy Allen BOONE Revocable Trust, S 40° 23’ 45” E, a distance of 506.64 feet to the place of Beginning and containing 4.82 acres more or less. The property described herein is the same property as conveyed in Deed Instrument # 200330693 of the aforesaid Clerk’s Office. Warrants for Left Turn Storage Lanes on Four-Lane Highways FIGURE 3-3 WARRANTS FOR LEFT TURN STORAGE LANES ON FOUR-LANE HIGHWAYS Highway Research Report No. 211 Road Design Manual http://www.virginiadot.org/business/locdes/rdmanual-index.asp. Mboe!Vtf;!262 Njoj.Xbsfipvtf Eftdsjqujpo B!njoj.xbsfipvtf!jt!b!cvjmejoh!jo!xijdi!b!ovncfs!pg!tupsbhf!vojut!ps!wbvmut!bsf!sfoufe!gps!uif! tupsbhf!pg!hppet/!Uifz!bsf!uzqjdbmmz!sfgfssfe!up!bt!”tfmg.tupsbhf•!gbdjmjujft/!Fbdi!voju!jt!qiztjdbmmz! tfqbsbufe!gspn!puifs!vojut-!boe!bddftt!jt!vtvbmmz!qspwjefe!uispvhi!bo!pwfsifbe!epps!ps!puifs! dpnnpo!bddftt!qpjou/ Beejujpobm!Ebub Uif!ufdiojdbm!bqqfoejdft!qspwjef!tvqqpsujoh!jogpsnbujpo!po!ujnf.pg.ebz!ejtusjcvujpot!gps!uijt! mboe!vtf/!Uif!bqqfoejdft!dbo!cf!bddfttfe!uispvhi!fjuifs!uif!JUFUsjqHfo!xfc!bqq!ps!uif!usjq! hfofsbujpo!sftpvsdf!qbhf!po!uif!JUF!xfctjuf!)iuuqt;00xxx/juf/psh0ufdiojdbm.sftpvsdft0upqjdt0usjq. boe.qbsljoh.hfofsbujpo0*/ Uif!tjuft!xfsf!tvswfzfe!jo!uif!2:91t-!uif!2::1t-!uif!3111t-!boe!uif!3121t!jo!Dbmjgpsojb-!Dpmpsbep-! Tpvsdf!Ovncfst 323-!514-!662-!679-!753-!819-!835-!961-!979-!987-!2135-!2146 Hfofsbm!Vscbo0Tvcvscbo!boe!Svsbm!)Mboe!Vtft!111—4::*21: and Sales 0 West Main Street Panda Storage Rentals and Sales 0 West Main Street Panda Storage Rentals COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Unaudited OutstandingOutstanding June 30, 2022AdditionsDeletionsNovember 09, 2022 VPSA School Bonds$ 85,873,052$ -$ 8,043,501$ 77,829,551 Lease Revenue Bonds 73,900,000 - 3,800,000 70,100,000 Subtotal 159,773,052 - 11,843,501 147,929,551 Premiums 12,384,805 - - 12,384,805 $ 172,157,857$ -$ 11,843,501$ 160,314,356 Submitted ByLaurie L. Gearheart Director of Finance and Management Services Approved ByRichard L. Caywood County Administrator ACTION NO. ITEM NO. J.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 9, 2022 AGENDA ITEM: Work session to discuss the Rt. 460 Land Use and Connectivity Study with the Board of Supervisors SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Review with the Board of Supervisors the Route 460 Land Use and Connectivity Study. BACKGROUND: The Route 460 Land Use and Connectivity Study will guide future decisions and actions in the Challenger Avenue corridor over the next 15 to 20 years. The goals of the Route 460 Land Use and Connectivity Study are to: 1) Recommend ways to travel around the Bonsack community that are alternatives to Route 460/Challenger Avenue; 2) Consider existing zoning classifications and future land use designations to determine potential changes to match desired development types; and 3) Examine existing at-grade railroad crossings for potential improvements that may create development opportunities between railroad and the Blue Ridge Parkway. DISCUSSION: This time has been scheduled to discuss the Route 460 Land Use and Connectivity Study. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with this presentation. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive this information on the Route 460 Land Use and Connectivity Study. Page 2 of 2 of Supervisors Roanoke County An update to the Board R E R G O N D I E R L R L Presented by O Consultants November 9, 2022 Traffic & Planning CONNECTIVITY STUDY U.S. ROUTE 460 LAND USE & Megan Cronise – Megan Cronise – Dave Anderson, Timmons Group – Philip Thompson Survey Results – Previous Corridor Planning and Funded Projects Goals of this Study Process of this Study to DateChanges Resulting from Public FeedbackRecommended ImprovementsSeptember Next Steps Overview of Presentation Public Information Meeting VDOT, the City of Roanoke Seven projects chosen and Virtual Meeting and Survey Williamson Road to Alt. Route 220 2019 and 2020: and Roanoke County studied potential safety and operational improvements along Route 460 from November 2019: and Survey (over 1,000 responses)June 2020: August 2020: submitted for SMART SCALE funding •••• VDOT Route 460 STARS Study Route 460 Funded SMART SCALE Projects Local Funding $450,000 $2,800,000$7,500,000$5,600,000$5,000,000 $21,800,000 $43,150,000 Federal/State Start 202720262026202620262026 Construction Rd. Huntridge provided leverage funding for five out of six projects. Funded Transportation Projects There are no local funds on these projects, though the Roanoke Valley Transportation Planning Organization Route 460 Funded SMART SCALE Projects Route 460 and Alternate Route 220 Intersection ImprovementsRoute 460 Intersections from Carson Rd. to Route 460 at West Ruritan Intersection ImprovementsRoute 460 (Orange Avenue) Improvements near Blue Hills DriveRoute 460 (Orange Avenue) Improvements Seibel Dr/Hickory WoodsRoute 460 (Orange Avenue) Improvements at King Street Total Funding area without having to use Route 460. Bonsack Route 460, Roanoke County wants to around redevelopment of parcels fronting Route on for Route 460 Land Use and Connectivity Study While the VDOT STARS Study provided recommendations for improving intersections and traffic flow focus on improving traffic flow Particularly with demand 460, adding new commercial entrances onto Route 460 will only make congestion worse. This study proposes new and improved ways for motorists, pedestrians and bicyclists to move around the Route 460. It will also establish recommended access routes for future development and redevelopment activities. off of the railroad crossing analysis grade railroad crossings: - Layman Road Glade Creek Road Building performed as part of this study, Planning staff submitted a request for funding to conduct a Planning Study through the Federal Railroad Administration's Railroad Crossing Elimination Grant Program. The area of focus includes the following at••Awards are anticipated in 2023. Railroad Crossing Elimination Grant Reduced Route 460 RelianceSafety ImprovementsPotential Expansion East of Rail LinePotential Greenway Opportunities GOALS•••• WE ARE HERE 44 Meeting Attendees 220 Survey Responses TOPOGRAPHIC ANALYSIS DRAINAGE ANALYSIS GLADE CREEK CROSSING LAYMAN ROAD CROSSING 98 Meeting Attendees 140 Survey Responses 35 Survey Responses 107 Meeting Attendees ConvenienceReduced 460 CongestionAdditional Business BLUE HILLS TO EAST RURITAN ConvenienceReduced 460 CongestionSafety EAST RURITAN TO WALMART Shift Change ImprovementsBusiness GrowthInterconnectionsReduced Gateway Dependency VALLEY GATEWAY Safety PreservationConvenience CARSON ROAD Recreation Opportunity Quality of LifeResponse of PublicRegional Connections GREENWAYS Studied ViabilityContinue Agricultural UseImprove AccessRailroad Safety ACCESS TO EAST OF RAILROAD FEEDBACK FROM PUBLIC CHANGES RESULTING CHANGES MADE Little Tree Acres Extension Concerns MAY COMMUNITY MEETING CHANGES MADE Carson Road Alignment Concerns MAY COMMUNITY MEETING PROPOSED CHANGES Greenway Feedback MAY COMMUNITY MEETING CHANGES MADE Through Concerns - Road Cut Britaney MAY COMMUNITY MEETING (about 2 ½ weeks) th and October 10 st w e i v r e v 35 September Responses (far fewer than 140 responses in May and 220 responses in January)Open between September 21Survey requested opinions about proposed road segments, greenways, shared use paths and Future Land Use changesNot all respondents answered all questions September Survey Results Summary O Scores by Opportunity: s t n e m g e Agree and Somewhat Agree S d a o C: 85% (17 responses)B: 84% (16 responses)J: 74% (14 responses) September Survey Results Summary R Highest Scores by Opportunity: s t n e m g e Disagree and Somewhat Disagree S d a o F: 42% (8 responses)E: 40% (8 responses)D: 33% (7 responses)A: 33% (7 responses) September Survey Results Summary R Highest d a o R n o s r a September Survey Results Summary C Agree/Somewhat Agree:88% (22 respondents)No Opinion:4% (1 respondent)Disagree/Somewhat Disagree:8% (2 respondents) s h t a P e s U d ) e r a h S magenta d ) n a s green y a w 82% (18 respondents)5% (1 respondent)14% (3 respondents)57% (12 respondents)10% (2 respondent)33% (7 respondents) n e Agree/Somewhat Agree:No Opinion:Disagree/Somewhat Disagree:Agree/Somewhat Agree:No Opinion:Disagree/Somewhat Disagree: e r September Survey Results Summary G Greenways (Shared Use Paths ( s e g n a h C e s U d n a L e r u Agree/Somewhat Agree: 50% (10 respondents)No Opinion: 30% (6 respondents)Disagree/Somewhat Disagree: 20% (4 respondents)Agree/Somewhat Agree: 63% (12 respondents)No Opinion: 16% (3 respondents)Disagr ee/Somewhat Disagree: 21% (4 respondents)Agree/Somewhat Agree: 47% (8 respondents)No Opinion: 29% (5 respondents)Disagree/Somewhat Disagree: 24% (4 respondents) t u September Survey Results Summary F Area 1Area 2Area 3 Road and the Murray Farm (Botetourt County) Road and Cortland Road. Drive as another option Huntridge Creggin Huntridge Drive to through traffic on - s Crumpacker t n through; improve Carson but design to discourage speeding - e m m o C n Support for road connections north of 460Appreciate removal of proposed roadway segments in Little Tree AcresConsider connecting Plan should consider new development on and the impacts of cutSupport secondary connection to new County Fire Station on Mexico Way \[connection not proposed\]Do not support connecting neighborhoodsDo not support proposals that add traffic to West Ruritan RoadSupport additional lanes on Route 460 with appropriate speed limits and traffic light timingSupport changes to defer traffic from Route 460 but they are a stop gap measure\[VDOT Project at Route 460/Alt 220\] Proposed left turn from Cloverdale Road onto Route 460 will be confusing and may cause more accidentsConcerned about more traffic and speeding on Carson RoadConsider speed humps and “slow street” features to maintain Carson Road neighborhood feel instead of a cutProhibit tractor trailers on Carson Road e ••••••••••••• p September Survey Results Summary O 10 respondents offered the following roadway comments: Road Bonsack s t n e m m o C n Supportive of greenwaysSupportive of greenways, though encourage barriers to keep users from back yards and locate on far side of railroad tracks from residential developmentBe cautious about encouraging additional bicycle and pedestrian traffic on Concerned about pedestrians in the Carson Road area e •••• p September Survey Results Summary O 10 respondents offered the following pedestrian/bicycle/greenway comments: Bonsack down restaurants in - s t n e m m o C n Areas 1 and 3 are too close to existing homes; Area 2 change threatens character of Little Tree Acres neighborhood.Would like more sitConcerned about more crime in the Carson Road area if it is made more accessible e ••• p September Survey Results Summary O 10 respondents offered the following Future Land Use comment:Other comments: NEXT STEPS Planning Director PHILIP THOMPSON QUESTIONS? R E R G O N D I E R L R L Presented by O Consultants November 9, 2022 Traffic & Planning CONNECTIVITY STUDY U.S. ROUTE 460 LAND USE & ACTION NO. ITEM NO. J.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 9, 2022 AGENDA ITEM: Work session to review with the Board of Supervisors the status of the County of Roanoke's Capital Improvement Program (CIP) projects SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Provide the Board of Supervisors a summary status of completed and active capital projects as required by the Comprehensive Financial Policy BACKGROUND: Per Section 5-4 of the County of Roanoke's Comprehensive Financial Policy, County staff will provide a summary status of completed and active capital projects each year. This presentation provides an overview of the status and financial information of capital projects included in the Capital Improvement Program, along with information regarding the County's Fleet and Equipment Replacement and Capital Maintenance Programs. DISCUSSION: The presentation will provide information on recently completed and active capital Financial information included is through fiscal year ending June 30, 2022, which is preliminary and unaudited. Additional information to be provided to the Board of Supervisors at the meeting includes fiscal year 2022 expenditures in the Capital Maintenance Program (CMP) for General Services and Parks, Recreation and Tourism. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with the receipt of the presentation. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive information regarding the status of projects within the County's Capital Improvement Program. Page 2 of 2 Attachment A: Status of Capital Projects Board of Supervisors Work Session November 9, 2022 Recently Completed Projects Public Safety Diesel Exhaust Removal System Fire & Rescue The Diesel Exhaust Removal System project installed emission capture equipment in apparatus bays to capture diesel emissions. This project mounted exhaust filtration equipment to capture these emissions. Most fire apparatus and emergency response vehicles run on diesel fuel. The exhaust from these vehicles is expelled directly into the station bays. An apparatus-mounted exhaust filtration device captures these emissions resulting in a cleaner environment. The project was completed in FY 2022. Active Projects by Functional Team Public Safety Digital Microwave Ring Replacement Communications & Information Technology The Digital Microwave Ring Replacement project, with funding scheduled from FY 2019 through , which have been in service since 2006. This project will also include an additional Microwave link, to include spare radios. The rings currently in use met their anticipated end-of-life date in 2017 and are no longer compatible with the newest operating and flash port software. Replacement is under way and is expected to be completed in FY 2023. Public Safety Communications Infrastructure Communications & Information Technology The Public Safety Communications Infrastructure project replaces the current mountaintop routers located at all of the Roanoke Valley Radio System sites. The vendor has provided an end of life date of 2021 to the equipment currently used, which has been in use for 12 years. New routers will be computer based and compatible with commercial communication devices. This project was funded in FY 2021, which coincides with the Digital Microwave Ring Upgrade project. Completing these projects together provides for a more efficient and seamless upgrade to the overall connectivity of public safety radio system sites. Installation is under way and is expected to be completed in FY 2023. Emergency Medical Dispatch Communications & Information Technology The Emergency Medical Dispatch project, funded in FY 2022 will upgrade the Emergency Communications Center Medical Dispatch Program. The Emergency Medical Dispatch is a systematic program of handling medical calls. Trained telecommunicators, using procedures locally approved by the Operational Medical Director, quickly and properly determine the nature and priority of the call, dispatch the appropriate response, then give the caller instructions to help treat the patient until the responding Emergency Medical Services unit arrives. The current Emergency Medical Dispatch program was updated in 2006 and is out of date. Њ Attachment A: Status of Capital Projects Board of Supervisors Work Session November 9, 2022 Research has begun and exploration of vendor options began in FY 2022. The project is expected to be completed in FY 2023. Ballistic Body Armor Fire & Rescue Project purchases ballistic body armor for all Fire and Rescue personnel to include vests and helmets along with tactical emergency medical equipment for the treatment and transport of patients during an active shooter/intentional mass casualty incident. tion of body armor was halted to focus on PPE for healthcare providers. All products are ordered and are anticipated to be delivered and operational before the end of the current fiscal year. New Bonsack/460 Fire Station Fire & Rescue The New Bonsack/460 Fire Station, funded in FY 2022 and FY 2023, will provide a new and enhanced service as the twelfth station, which would reduce reliance on other locality responses for emergencies. The station will also replace services provided by the Read Mountain Fire Station Land was purchased in the City of Roanoke and all zoning processes have been completed. Architectural and Engineering work is expected during FY 2023 with construction to follow. Community Services Fallowater Lane Extension Planning The Fallowater Lane Extension project reconstructs an existing private commercial drive to create a new public street to improve access for future the 419 Town Center Plan. The County is administering the Preliminary Engineering and Construction phases, while VDOT is administering the Right-of-Way phase. Construction is underway and is anticipated to be complete in FY 2023. Plantation Road, Phase II Planning The Plantation Road Project Phase II continues pedestrian accommodations from the first phase of the project with sidewalk, curb and gutter extending from the Walrond Drive intersection to the Gander Way/Friendship Lane intersection. The Walrond Drive intersection will be realigned and pedestrian signals and crosswalks will be added to the Plantation Road/Gander Way/Friendship Lane traffic signal. This project is County administered. Construction is underway and anticipated to be finalized in 2023. Ћ Attachment A: Status of Capital Projects Board of Supervisors Work Session November 9, 2022 Williamson Road Pedestrian Improvements Planning The Williamson Road Pedestrian Improvement project will construct sidewalks along the north side of Williamson Road between Peters Creek Road and Plantation Road. This project will complete a vital missing link in the pedestrian network between existing and planned accommodations in the Hollins area. The Preliminary Engineering phase is underway and the construction phase is likely to occur in FY 2023. VDOT is administering this project. Buck Mountain Road and Starkey Road Intersection Improvements Planning The Buck Mountain Road and Starkey Road Intersection Improvements project replaces the need for this improvement project is based on a Traffic Analysis Report conducted by VDOT. This project is VDOT administered and the Right-of-Way phase is underway. SMART SCALE funding ($2.6 million) was awarded in 2021 to eliminate the project deficit. Construction is anticipated in FY 2023. 419 Town Center Development Standards Planning The 419 Town Center Development Standards project, funded in FY 2022, will contract design services to develop guidelines and update zoning regulations in the 390-acre 419 Town Center Plan area. The plan recommends new design principles for the planning area which could include adoption and/or revision of new and existing ordinances as well as new development standards. Development standards will enable County staff to regulate future development and redevelopment in the area according to the Plan recommendations. Route 460/Challenger Avenue Study Planning The Route 460/Challenger Avenue Study project, funded in FY 2022, will contract design services to complete a land use analysis and propose road network changes to serve the properties abutting and in the vicinity of Challenger Avenue between the City of Roanoke and Botetourt County. This project focuses on transportation access, safety, congestion, and the potential for future Ќ Attachment A: Status of Capital Projects Board of Supervisors Work Session November 9, 2022 Development Services This project funds the replacement of the existing leachate management system for the closed Dixie Caverns Landfill. Obtaining a discharge permit from the DEQ is not financially feasible due to additional treatment requirements. However, the WVWA has improved their downstream system, which has lessened the need for an immediate system upgrade. Therefore, the County will continue to operate the existing system with some minor upgrades to allow the ability for remote operation monitoring. Development Services This program funds capital projects to improve water quality in streams to meet state requirements. The department is currently evaluating options for future grant applications to the state Stormwater Local Assistance Fund (SLAF). Rural Broadband Initiative Communications & Information Technology The Rural Broadband Initiative project improves communication and data technology in both the business sector and in residential settings. The County collected survey data to identify areas where citizens either do not have or have inadequate internet service. The survey results showed that more than 32% of Roanoke County households in the targeted areas were considered unserved or under-served by the FCC's minimum standards. Completed projects have brought high-speed Internet access to 87 residents and some businesses. By November of 2022, this project will make services available to approximately 317 addresses and 26 businesses. Many addresses will receive service much sooner. Roanoke County Broadband Initiative Economic Development The Roanoke Valley Broadband Authority (RVBA) now has approximately 100 miles of network fiber that traverses the region. Approximately 35 of those miles cross through Roanoke County and serve our local organizations in healthcare, government, and non-profit sectors. Construction of the core fiber network in the County was completed in October 2017. Annual funding remains in the CIP to support debt service payments for the financing of the project. In FY 2019, the RVBA expanded its local Roano Research and Technology (CRT) to the Western Virginia Regional Jail and then beyond to the Ѝ Attachment A: Status of Capital Projects Board of Supervisors Work Session November 9, 2022 Woodhaven Property Acquisition & Improvements Economic Development This project creates a 100+ acre business park, which will be owned and developed by the Western Virginia Regional Industrial Facility Authority (WVRIFA). The project aims to increase the amount of marketable property in the Roanoke Valley available for business development. The specific goal was to create new large parcels in the 50-100 acres size range, due to consistent prospect interest in larger sites. Additional property (2 acres) was acquired and rezoned in 2019/2020 to improve the development. Water and sewer utilities were extended into the property in FY 2020. Human Services East Roanoke River Greenway Parks, Recreation & Tourism The extension of the Roanoke River Greenway from Roanoke City to Explore Park will add approximately 5 miles to the Roanoke Valley greenway network. The entire project is broken into three sections and is funded through various federal and state funding programs. The scope of the Roanoke River Greenway proposed between Roanoke City and the Blue Ridge Parkway have been reduced to 1-mile on the western and eastern termini where right-of-way has been secured. Construction is anticipated between 2022 and 2024. Mount Pleasant Library Improvements Libraries and General Services In 2011, Roanoke County purchased the Mount Pleasant Library after leasing it for 2 years. Initially this project was funded to renovate the facility including updated restrooms, windows, flooring, and upgrading shelving and furniture. Prior to beginning any design work for potential renovations for the building, the County initiated a due diligence process to determine the feasibility of the septic system for both the short term and for any such changes that would impact the system. It was determined that the existing septic system has reached the end of its useful life and per the Health Department will not support any added fixtures. The Western Virginia Water Authority has provided an estimate to connect to public sewer. Engineering plans have been drawn to address septic issues is expected to be completed in FY 2023. Internal Services Global HR: Human Resources and Payroll Modules Human Resources and Finance & Management Services Roanoke County, Roanoke County Public Schools, and the Western Virginia Regional Jail began a joint project in September of 2018 to implement Infor's Global Human Resources platform and to migrate the existing Lawson payroll system to Infor's CloudSuite platform. Ў Attachment A: Status of Capital Projects Board of Supervisors Work Session November 9, 2022 Phase I of the project implemented the base HR system and integration of the HR system with the Lawson payroll system. This phase provided employees with a new Employee Space employee portal. Implementation for this phase occurred in March 2020. The COVID-19 pandemic delayed progress on Phase II to implement Performance and Goals and Talent Acquisition. form is planned to begin in FY 2024. Dynamics D365 Upgrade Finance & Management Services The Dynamics D365 Upgrade Project, upgraded the integrated financial system for the County, Roanoke County Public Schools and the entities for whom the County serves as fiscal agent. The Finance Department went live with Microsof financial system platform in July of 2016. Micr platform starting in October 2021. This project focused on the upgrade of Dynamics AX 2012 to the next generation of the Dynamics platform, D365. This project is anticipated to be complete in FY 2023. Public Service Center Facility Replacement General Services The Public Service Center Facility Replacement Project began in FY 2017 with the completion of a Building Planning Study. In FY 2018, County contracted for the acquisition of property to facilitate expansion of Fleet Service Center. In FY 2019, Architectural and Engineering design services for Phase I were contracted and commenced. Construction of Phase I of the project is expected to conclude in January 2023. Phase I includes expansion of the existing Fleet Services Center for all General Services department functions, renovation of a section of the facility adjacent to the Fleet Service Center for relocation of the Communications Shop and site management functions for Communications & Information Technology, utilization of the existing site not located within the flood plain for Stormwater Operations, and the relocation a district shop for the Parks, Recreation, and Tourism Department to Green Hill Park. In FY 2020, the County purchased two additional properties on Hollins Road for the future relocation of Parks, Recreation and Tourism offices and warehouse needs as Phase II of the project. Phase II will commence in FY 2023. Bent Mountain Community Center General Services The priority is to address the replacement and repair work necessary for the roof as the condition of all of the flat roof sections is critical. Phase I of this project will address the significant roofing issues related to the building. The design work has been completed, and approval has been provided by the Commonwealth of Virginia Department of Historic Resources. Џ Attachment A: Status of Capital Projects Board of Supervisors Work Session November 9, 2022 A subsequent Phase II for the project will prioritize design and construction needs with remaining project funding. Part of the Phase II portion of the project has been to replace the HVAC system in the Center, which is scheduled to be completed in FY 2023. Email and Business Productivity Tools Replacement Communications & Information Technology The Email and Business Productivity Tools Replacement project will replace the existing email program and will also explore implementation of other business productivity tools. This project will be partially funded through use of American Rescue Plan Act Funds beginning in FY 2023. Email and Business Productivity Solutions are currently being evaluated and additional funding needs are being considered. А VDOT – D Page 153 of 158 Appendix Transportation Projects receive funding from and/or are administered by the Capital Improvement Program Adopted Capital Improvement Program (CIP) 32 County of Roanoke, Virginia 2 VDOT Transportation Projects FY 203 FY 20 3 – . 3 – FY 202 rogram in the FY 202 with 32 20 FY 3 – r of projects 202 Capital Improvement PFY County of Roanoke, Virginia A numbe VDOT – D Page 154 of 158 Appendix Transportation Projects rogram 32 20 FY 3 – 202 Capital Improvement PFY County of Roanoke, Virginia VDOT – D Page 155 of 158 Appendix Transportation Projects rogram 32 20 FY 3 – 202 Capital Improvement PFY County of Roanoke, Virginia VDOT – D Page 156 of 158 Appendix Transportation Projects rogram 32 20 FY 3 – 202 Capital Improvement PFY County of Roanoke, Virginia VDOT – D Page 157 of 158 Appendix Transportation Projects rogram 32 20 FY 3 – 202 Capital Improvement PFY County of Roanoke, Virginia VDOT – D Page 158 of 158 Appendix Transportation Projects rogram 32 20 FY 3 – 202 Capital Improvement PFY County of Roanoke, Virginia November 9, 2022 Board of Supervisors Work Session Status Update Capital Project Work Session Agenda Recently Completed Capital Projects Capital Projects by Functional TeamCapital Maintenance ProgramsFleet and Equipment Replacement Program Recently Completed Capital Projects - Variance – $200,000 Total Spent Project Budget $200,000 Preliminary and Unaudited Project Diesel Exhaust Removal System Department / Function Fire & Rescue Recently Completed Capital Projects Public Safety Photos: Air Hawk Unit (Left), Control Head and Sensor (Right) Active Capital ProjectStatus Update $632,296 TOTAL FY 2022 FY 2015 Expenditure - $1,550 $76,873 $24,600$29,290 FY 2022 Expenditure --- - $64,425 $555,423 FY 2021 FY 2015 Expenditure - 2015 $920,567$150,000$150,000$137,000 Budget FY 2022 $1,000,000 FY Preliminary and Unaudited Microwave Ring Replacement Project DigitalPublic Safety Communications Infrastructure Emergency Medical DispatchBallistic Body ArmorNew Bonsack/460 Fire Station Public Safety Capital Projects Department/ Function CommITCommITCommITFire & Rescue Fire & Rescue $71,239 $573,278 TOTAL FY 2022 FY 2015 $2,662,221$2,107,194 Expenditure not included. d. --- e de $71,239 FY 2022 $1,867,143$1,637,928 Expenditure --- - $795,078$469,266$573,278 FY 2021 FY 2015 Expenditure - 2015 $55,000 Budget $580,000$100,000$100,000 FY 2022 FY $3,044,048$2,457,352 3 3 1 2 Preliminary and Unaudited Rd/Starkey Rd Intersection Road, Phase II Project Fallowater Lane ExtensionPlantationWilliamson Road Pedestrian ImprovementsBuck Mountain419 Town Center Challenger Avenue Study Project is County and VDOT administered. Funding represents County contribution toward project costs; VDOT funding sources arProject is County administered. Funding represents the total project costs.Project is VDOT administered. Funding represents County contribution toward project costs; VDOT funding sources are not inclu Community Services Capital Projects Department/ Function TransportationTransportationTransportationTransportationTransportationTransportation $417,183$458,031$574,046$723,678 TOTAL FY 2022 FY 2015 $1,961,138 Expenditure $2,300 $78,767 $494,438$386,863$117,935 FY 2022 Expenditure - $79,608 $414,883$379,264$605,743 FY 2021 FY 2015 $1,574,275 Expenditure - 2015 Budget $430,824$619,063$808,546 FY 2022 FY $2,686,030$1,975,370 Preliminary and Unaudited Management System Property Acquisition & LeachateMS4 BMP Construction –– ) Project NPDES NPDES Rural Broadband InitiativeBroadband Authority Debt Service (payments planned through FY 2027)WoodhavenImprovements (payments planned through FY 2037) Continued Community Services Capital Projects Department/ Function StormwaterStormwaterCommITEconomicDevelopmentEconomicDevelopment $77,960 $427,350 TOTAL FY 2022 FY 2015 Expenditure $44,643$77,960 FY 2022 Expenditure - - $382,707 FY 2021 FY 2015 Expenditure - 2015 Budget $173,579 FY 2022 FY $8,994,058 Preliminary and Unaudited Project East Roanoke River GreenwayMount Pleasant Library Improvements Human Services Capital Projects Department/ Function Parks, Rec. & TourismLibrary $623,503$650,434 TOTAL FY 2022 FY 2015 $2,371,275 Expenditure $13,688,151 - $77,523$57,182 $228,928 FY 2022 $4,891,659 Expenditure - - $566,321$421,506 FY 2021 FY 2015 $2,293,752$8,796,492 Expenditure - 2015 $25,000 $720,000$700,000 Budget FY 2022 FY $2,885,637 $14,068,075 Preliminary and Unaudited Human Resources/Payroll Mountain Community Center Repairs Project GlobalDynamics D365 UpgradePublic Service Center Facility Replacement (Phase I)BentEmail and Business Productivity Tools Replacement 10 Internal Services Capital Projects Department/ Function HR / Finance & Management ServicesFinance & Management Services General ServicesGeneral ServicesCommIT 11 Capital Maintenance Programs Photos (from top left, clockwise): Boiler replacement at Brambleton Recreation Center, compressor replacement at Public Safety Building, water softener system addition at Cave Spring Fire Station 3, and gate controller replacement at Kessler Mill Fuel Island. 35,86975,57251,414 118,100171,093110,466141,458229,511205,652 1,139,135 2022 Actual* $$ FY Fleet Center Centers Spent in FY 2022 General Services CMP 12 *Represents expenditures during Fiscal Year 2022, which are preliminary and unaudited. Facility Administration Center & Employee HealthCourthouse & Court ServicesGeneral Services &Public Safety BuildingSocial ServicesRecreationFire & Rescue Stations & Regional Training CenterLibrariesOther Building & Facility Maint.Total Explore Park Courtyard Repairs and Sealing River Access, Photos (from top, clockwise): Stonebridge Park Court Renovations,Wayside Park 46,95338,42732,26620,49597,35727,15042,989 101,741181,493 588,871 Preliminary and Unaudited 2022 Actual $$ FY Mountain Preserve Spent in FY 2022 13 Parks, Recreation & Tourism CMP Park/Facility Countywide UpdatesWayside ParkExplore ParkReadSadler ParkStonebridge ParkCamp RoanokeTrails and GreenwaysOther Improvements Total $39,057 $138,866 Actual FY 2022 Replacement Program Preliminary and Unaudited Wide Computer Replacement Program - Project CountyIT Infrastructure Department/ Function CommITCommIT 14 Information Technology and Computer Replacement Programs 15 Fleet and Equipment Replacement Program Solid Waste Fire/Rescue - - 29 in Light Fleet 1 in Heavy Truck 2 in Heavy Fleet ••• Fleet & Equipment Replacement in FY 2022 included: • 4,535 344,122505,950 Actual 1,243,004 2,097,611 FY 2022* $$ 2022 - 2022 Solid Waste - Fire/Rescue – – Police (26), Fire & Rescue (1), Economic Development (1), Social Services (1) 16 Replacement Category Light Fleet:Heavy Truck Heavy FleetEquipment Total, FY 2021 Fleet and Equipment ReplacementFY 2021*Represents expenditures through Fiscal Year 2022, which are preliminary and unaudited. 17 Questions and Comments AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 9, 2022 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 ACTION NO. ITEM NO. M.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 9, 2022 AGENDA ITEM: The petition of Neil Aneja to obtain a special use permit to operate a short-term rental on approximately 0.30 acre on land zoned R-1, Low Density Residential, located at 2776 White Pelican Lane, Cave Spring Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance for a special use permit for a short term rental in a residential district. BACKGROUND: · The Roanoke County Zoning Ordinance defines a short- provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. This use does not include existing uses defined in this ordinance including bed and breakfast, bed and · A short-term rental has several use and design standards. In the R-1 and R-2 zoning districts, a special use permit is required for a short-term rental on lots less than five (5) acres in size. DISCUSSION: The Planning Commission held a public hearing on this application on November 1, 2022. Two (2) citizens spoke during the public hearing. Concerns raised included not having contact information for the applicant when issues come up, the commercial Page 1 of 2 nature of short-term rentals, number of cars parked on the street with this use, trash, noise from renters, and impact to residential character of the neighborhood. The Planning Commission discussed the maximum number of guests allowed (10), parking, use and design standards for short-term rentals, average number of people staying in the short-term rental (6-8 people), noise, contact information, the need for a zoning permit and the possibility of revoking the permit if conditions are not met. The Planning Commission recommends approval of the special use permit. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the second reading of an ordinance for a special use permit to operate a short-term rental on approximately 0.30 acre on property zoned R-1, Low Density Residential District. Page 2 of 2 STAFF REPORT Petitioner: Neil Aneja Request: Obtain a special use permit to operate a short-term rental on approximately 0.3 acre on property zoned R-1, Low Density Residential District Location: 2726 White Pelican Lane Magisterial District: Cave Spring Suggested Conditions: None EXECUTIVE SUMMARY: Neil Aneja is petitioning to obtain a special use permit to operate a short-term rental on approximately 0.3 acre on property zoned R-1, Low Density Residential District, located at 2726 White Pelican Lane in the Cave Spring Magisterial District. The short-term rental is proposed for the entire single family dwelling. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is Neighborhood Conservation. Neighborhood Conservation is a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. The proposed special use permit is consistent with the Neighborhood Conservation future land use designation. 1. APPLICABLE REGULATIONS he provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. This use does not include existing uses defined in this ordinance including bed and breakfast, bed and breakfast inn, boarding house, country inn, the Roanoke County Zoning Ordinance contains the following use and design standards for short-term rentals: (A) General Standards: 1. The applicant shall obtain a zoning permit prior to the occupation of a room or dwelling for short- term rental. The zoning permit application shall include, but not be limited to, the following information: a. All relevant parcel information including tax map number, zoning district, address, and magisterial district. c. The name, address, and personal contact information of the authorized party responsible for resolving complaints, if different from the applicant. 2. The County shall be notified within thirty (30) personal contact information, or any change in the name, address or personal contact information 1 of the authorized party responsible for resolving complaints. 3. A short-term rental zoning permit expires upon any change in ownership of the property. 4. A short-term rental zoning permit may be revoked by the Zoning Administrator due to the failure of the applicant to comply with all applicable regulations set forth in this section or elsewhere in the Zoning Ordinance or County Code. (B) In the R-1 and R-2 zoning district, the following standard shall apply: 1. A special use permit shall be required on lots less than five (5) acres. Lots that are five (5) acres or greater in size, a short-term rental shall be considered a use permitted by right. Since the property for this proposed short-term rental is zoned R-1 and is not five (5) acres or greater, a special use permit is required. 2. ANALYSIS OF EXISTING CONDITIONS mily residence. The Roanoke County assessment records have estimated that this residence was built in 1971. Kakar, who lived in the home with the applicant between 1997 and 2016. The house was renovated between 2016 and 2019. In 2019, short-term rentals began at the house and the house has been used exclusively as a short-term rental ever since. The home has three bedrooms and three full bathrooms. he rear (south) of the parcel to the front (north) of the parcel. The slope is steep in the rear of the parcel, and more gradual in the front of the parcel. Elevations range from 1,171 feet in the northeast corner of the parcel to 1,206 feet in the southeast corner of the parcel. The property is wooded behind the house, while the area in front of the house has a grass lawn. ed in an area that is entirely zoned R-1 and contains single family residences. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture entrance from White Pelican Lane and can serve up to three vehicles. There is also room for up to three vehicles to park on the street in front of the property. ing would be required for this development. 20 letters were mailed out to adjoining property owners. The letters contained the application information, hearing dates, and aerial map along with direct contact information for staff and instructions for how to submit comments for the public hearings. Agencies Comments: The following agencies provided comments on this application: 2 to this project and it will not increase the services provided. see any issues or have any comments. has existing water and sewer service. No comments. Parks, Recreation, and Tourism - No comments. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is Neighborhood Conservation. Neighborhood Conservation is a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. The proposed special use permit is consistent with the Neighborhood Conservation future land use designation. 5. STAFF CONCLUSIONS Neil Aneja is petitioning to obtain a special use permit to operate a short-term rental on approximately 0.3 acre on property zoned R-1, Low Density Residential District, located at 2726 White Pelican Lane, Cave Spring Magisterial District. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is Neighborhood Conservation. Neighborhood Conservation is a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. The proposed special use permit is consistent with the Neighborhood Conservation future land use designation. CASE NUMBER: #10-11/2022 PREPARED BY: Isaac Henry HEARING DATES: PC: November 1, 2022 BOS: November 9, 2022 ATTACHMENTS: Application Materials Maps (Aerial, Zoning, Future Land Use) Photographs R-1 District Regulations Neighborhood Conservation Land Use Designation 3 3/10/22, 2:42 PMRoanoke County, VA Code of Ordinances 1/4 3/10/22, 2:42 PMRoanoke County, VA Code of Ordinances 2/4 3/10/22, 2:42 PMRoanoke County, VA Code of Ordinances 3/4 3/10/22, 2:42 PMRoanoke County, VA Code of Ordinances 4/4 Neighborhood Conservation: A future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. Land Use Types: Single-Family Residential - Attached and detached housing at a reasonable density that is not significantly higher than the existing neighborhood. Infill lots or community re-development should be designed to be sensitive to the surrounding neighborhood but can be at reasonably higher density. New single-family residential developments should incorporate greenways and bike and pedestrian trails. Cluster developments are encouraged. Neighborhood Institutional Centers - Uses that serve the neighborhood residents including parks, schools, religious assembly facilities, recreational and park facilities, community meeting areas and clubs. These facilities should be linked to the residential areas by greenways, bike trails and pedestrian paths. Neighborhood Commercial - Low impact services to serve the local neighborhood that are consistent with the Community Plan design guidelines. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where limited density residential subdivisions have been platted and developed. EXISTING ZONING - Locations where limited density residential zoning has been established. EXPANSION AREAS - Locations where the expansion of the existing development pattern is logical. INFILL DEVELOPMENT - Locations where infill areas complement the surrounding development pattern. ACCESS - Locations served by a local street system. URBAN SECTOR - Locations served by urban services. term Rental - 2022 Public Hearing 9, Aneja November Neil Board of Supervisors Special Use Permit for a Short Location Map Project Site term Rental - 2726 White Pelican Lane0.30 AcreSingle Family HomeShort Photographs Photographs Photographs Photographs Photographs Photographs Photographs 10 is defined as “the provision of a room or Zoning Ordinance term rental - 11 short space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. This use does not include existing uses defined in this ordinance including bed and breakfast, bed and breakfast inn, boarding house, country inn, and hotel/motel/motor lodge.” but not term rental. The zoning permit application shall include, - Zoning Ordinance General Standards:The applicant shall obtain a zoning permit prior to the occupation of a room or dwelling for shortbe limited to, the following information:a. All relevant parcel information including tax map number, zoning district, address, and magisterial district.b. The applicant’s name, address, and personal contact information.c. The name, address, and personal contact information of the authorized party responsible for resolving complaints, if different from the applicant. 12 Zoning Ordinance term rental zoning permit expires upon any change in ownership of the term rental zoning permit may be revoked by the Zoning Administrator due -- The County shall be notified within thirty (30) days of any change in the applicant’s address or personal contact information, or any change in the name, address or personal contact information of the authorized party responsible for resolving complaints.A shortproperty.A shortto the failure of the applicant to comply with all applicable regulations set forth in this section or elsewhere in the Zoning Ordinance or County Code. 13 term rental shall be considered a use - 2 zoning district, the following standard shall apply: -Zoning Ordinance 1 and R - In the RA special use permit shall be required on lots less than five (5) acres. Lots that are five (5) acres or greater in size, a shortpermitted by right. 14 Zoning 1 1 - 1 - - 1 R R - R R – – – Low Density – – 1 - 15 ResidentialNorth East West South Existing Zoning Surrounding Zoning Future Land Use Family - 16 Established SingleResidential neighborhoods are delineated and the conservation of the existing development pattern is encouraged. Neighborhood Conservation up use neighborhood rentals 2022 term - included: spoke during the public hearing November 1, nature of short – information for the applicant when issues come renters of cars parked on the street with this Planning Commission to residential character of the from No contact Commercial Number TrashNoise Impact •••••• Concerns raised Two (2) citizens •• 17 Public Hearing 8 - term rental (6 - rentals ) term - met discussed: number of guests allowed (10 number of people staying in the short Planning Commission ) for a zoning permit and the possibility of revoking the and design standards for short Maximum ParkingUse Average peopleNoiseContact informationNeedpermit if conditions are not ••••••• The Commissioners • 18 of rental term - Commission recommends approval Planning Commission Planning the special use permit for a short 19 Questions? 20 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 Neil Aneja to obtain a special use permit to operate a short-term rental on approximately 0.3 acres on property zoned R-1, Low Density Residential District, located at 2726 White Pelican Lane, Cave Spring 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. 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 TO 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. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON WEDNESDAY, NOVEMBER 9, 2022 ORDINANCE GRANTING A SPECIAL USE PERMIT TO NEIL ANEJA TO OPERATE A SHORT-TERM RENTAL ON APPROXIMATELY 0.3 ACRES ON PROPERTY ZONED R-1 (LOW DENSITY RESIDENTIAL) DISTRICT, LOCATED AT 2726 WHITE PELICAN LANE (TAX MAP NO: 087.13-02-11.00-0000), IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Neil Aneja has filed a petition for a special use permit to operate a short-term rental on property zoned R-1 (Low Density Residential) District containing approximately 0.3 acre, located at 2726 White Pelican Lane, in the Cave Spring Magisterial District; and WHEREAS, the first reading of this ordinance was held on October 25, 2022, and the second reading and public hearing were held on November 9, 2022; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 1, 2022; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 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. Page 1 of 2 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 is hereby approved. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. Page 2 of 2