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HomeMy WebLinkAbout6/13/2023 - RegularPage 1 of 5 INVOCATION: PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: “Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board.” Roanoke County Board of Supervisors June 13, 2023 Page 2 of 5 Good afternoon and welcome to our meeting for June 13, 2023. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, C hannel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Sunday from 10:00 a.m. until 5 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County’s website at www.RoanokeCountyVA.gov. Our meetings are closed-captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772 -2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Public Technology Institute Solutions Award Presentation (Bill Hunter, Director of Communications and Information Technology) D. NEW BUSINESS 1. Resolution canceling the 3:00 p.m. session of the June 27, 2023 meeting o f the Board of Supervisors (Peter S. Lubeck, County Attorney) Roanoke County Board of Supervisors Agenda June 13, 2023 Page 3 of 5 E. FIRST READING OF ORDINANCES 1. Ordinance accepting funds in the amount of $312,504 from the Virginia Department of Criminal Justice Services, and appropriating such funds for use by the Roanoke County Police Department for school resource officers (Michael Poindexter, Chief of Police) 2. Ordinance approving an intergovernmental agreement for operation of the Regional Center for Animal Care and Protection (Jessica Beemer, Assistant Director of Finance and Management Services; Peter S. Lubeck, County Attorney) 3. Ordinance amending Article II (Definitions and Use Types), Article III (District Regulations), and Article IV (Use and Design Standards) of the Roanoke County Zoning Ordinance (Philip Thompson, Director of Planning) 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 – March 14, 2023 2. Ordinance authorizing the execution of a Memorandum of Understanding with Blue Ridge Behavioral Healthcare and other local government entities governing the MARCUS Alert Program for the Roanoke Valley (First Reading and Request for Second Reading) 3. Ordinance authorizing an Agreement with the City of Roanoke to authorize the City of Roanoke to act as the Erosion and Sediment Control Authority and Stormwater Management Program Authority for the Glade Creek Stream Restoration Project (First Reading and Request for Second Reading) Page 4 of 5 4. Resolution requesting the Commonwealth Transportation Board name the Diuguids Lane (Route 639) bridge over the Roanoke River as the "USN AWS1 James P. Buriak Memorial Bridge", to erect signage and to designate funds in the amount of $2,500 from Board Contingency, Catawba Magisterial District H. CITIZENS' COMMENTS AND COMMUNICATIONS I. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of April 30, 2023 J. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Paul M. Mahoney 2. David F. Radford 3. P. Jason Peters 4. Phil C. North 5. Martha B. Hooker K. WORK SESSIONS 1. Joint work session with the Roanoke County Economic Development Authority (EDA) and the Roanoke County Board of Supervisors to discuss Economic Development on State, Regional and Local levels (Jason El Koubi, President and CEO of the Virginia Economic Development Partnership; John Hull Executive Director of the Roanoke Regional Partnership; Richard L. Caywood, County Administrator and Megan Baker, Director of Economic Development) L. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.5 - Discussion concerning the expansion of an existing businesses or industries where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community namely in the Catawba, Hollins and Vinton Magisterial Districts 2. Section 2.2-3711.A.1 - Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; namely the County Administrator’s performance evaluation Page 5 of 5 3. Section 2.2-3711.A.1 - Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; namely the Count y Attorney’s performance evaluation M. CERTIFICATION RESOLUTION N. ADJOURNMENT Page 1 of 2 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2023 AGENDA ITEM: Public Technology Institute Solutions Award Presentation SUBMITTED BY: Bill Hunter Director of Communications and Technology APPROVED BY: Richard L. Caywood County Administrator ISSUE: Recognize the GIS Division of Communications and Information Technology for two (2) awards from the Public Technology Institute. BACKGROUND: The Public Technology Institute Solutions Awards program annually recognizes member cities and counties for outstanding achievement in developing or deploying innovative technology solutions that positively affect local government performance and service to their communities. The GIS Division of Roanoke County’s Communications and IT department has been named a 2023 PTI Solutions Award Winner for its GloFiber Illumination Areas Web Application. The GIS Division has also received a Significant Achievement Award for its 2022 Legislative Redistricting Web Application. DISCUSSION: GloFiber Illumination Areas Web Application Roanoke County’s GloFiber Illumination (Construction) Areas Application is a solution which displays the growth of fiber-based broadband internet within Roanoke County and the Town of Vinton. This application allows the citizens to track the propagation of this new broadband technology and enables them to see when any work is underway in their neighborhood. This app, and process, were created using the Esri ArcGIS for Page 2 of 2 Enterprise platform for the ease of use and services for the customized web template, local proprietary information, Python for the robust scripting environment to process the daily data, and ArcGIS Pro for the geoprocessing tasks to transform the data into the final for consumption by the feature service. The application website is a very simple and intuitive method to show where work has been accomplished and where it is currently underway. The website is refreshed daily, provided work is underway and often has weekend projections. Legislative Redistricting Web Application Roanoke County’s Legislative Redistricting web application is a customized solution that allows Roanoke County citizens to query their specific address, and obtain their proposed Magisterial District, Voting Precinct, and related voting information. This application empowers Roanoke County citizens with necessary information about the changes that will directly affect them in the upcoming election cycle. In 2022, the Supreme Court of Virginia released new data which detailed the current Congressional, Virginia Senate and House of Delegates boundaries. In addition to the new boundaries, there was a new law enacted in 2021 that prohibited the establishment of split precincts. These two factors combined necessitated vast changes in Roanoke County’s Voting Precincts. The Legislative Redistricting web application offers an interactive way of obtaining the new precinct information, as well as Congressional, Senate and House of Delegates district information and polling place locations. STAFF RECOMMENDATION: Staff recommends the recognition of the GIS Division of Communications and Information Technology for the awards. Page 1 of 1 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2023 AGENDA ITEM: Resolution canceling the 3:00 p.m. session of the June 27, 2023 meeting of the Board of Supervisors SUBMITTED BY: Richard L. Caywood County Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: Cancellation of the 3:00 p.m. Board of Supervisors meeting on June 27, 2023. BACKGROUND: The Chairman of the Board of Supervisors has suggested the Board consider canceling the 3:00 p.m. meeting on June 27, 2023. Section 2-102(e) of the County Code states that changes to the meeting schedule should be accomplished by resolution. STAFF RECOMMENDATION: Staff recommends the Board favorably consider the adoption of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 13, 2023 RESOLUTION CANCELING THE 3:00 P.M. SESSION OF THE JUNE 27, 2023 MEETING OF THE BOARD OF SUPERVISORS WHEREAS, by Resolution 121322-8 the Board of Supervisors established a meeting schedule for the 2023 calendar year, which scheduled a meeting for 3:00 p.m. on June 27, 2023; and WHEREAS, due to a reduced agenda, the Board of Supervisors desires to cancel the meeting scheduled to be held on Tuesday, June 27, 2023 at 3:00 p.m. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County that this Board hereby cancels its 3:00 p.m. meeting scheduled for Tuesday, June 27, 2023 at 3:00 p.m.; and BE IT FURTHER resolved that the Clerk to the Board be, and hereby is directed to post this resolution in a public location at which notices are regularly posted and in the office of the Clerk to the Board. In addition, the Clerk is relieved of the obligation to send each Board member written notice by registered mail of the cancellation of this meeting. Page 1 of 2 ACTION NO. ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2023 AGENDA ITEM: Ordinance accepting funds in the amount of $312,50 4 from the Virginia Department of Criminal Justice Services, and appropriating such funds for use by the Roanoke County Police Department for school resource officers SUBMITTED BY: Michael Poindexter Chief of Police APPROVED BY: Richard L. Caywood County Administrator ISSUE: Accept and appropriate $312,504 from the Virginia Department of Criminal Justice Services Fiscal Year 2023 with a local match of $179,096 for a total of $491,600 for eight School Resource Officers. BACKGROUND: The Department of Criminal Justice Services has awarded funding to the Roanoke County Police Department through the School Resource Officer Grant Program Fund for Fiscal Year 2024, in the amount of $312,504 with a local match of $179,096 for a total of $491,600. This is the second year of the original grant. DISCUSSION: The Virginia Department of Criminal Justice Services has awarded funding to the Roanoke County Police Department to fund salaries and benefits for eight new School Resource Officers to be assigned to eight of the sixteen elementary schools located within Roanoke County. FISCAL IMPACT: Year two of the grant requires a local match of $179,096 if all eight School Resource Page 2 of 2 Officers are hired. Any local match that will be needed will come from polic e departmental personnel savings in the fiscal year 2024 operating budget which has already been appropriated. All funds needed to cover the costs for the School Resource Officers will be deposited within the grant fund. STAFF RECOMMENDATION: Staff recommends approving the first reading of the ordinance and scheduling the second reading for June 27, 2023. 1 May 26, 2023 Richard Caywood County Administrator 5204 Bernard Drive Roanoke,Virginia 24018 RE: 507934-FY24 SRO: SRO Incentive Grant Program Dear Richard Caywood: Congratulations on being a recipient of the above referenced grant program! Your DCJS grant award number is 24-245-B and was approved for a total award of $491,600, funded through Award Number 2024-FREE-GRANT. The project period is 7/01/2023 through 06/30/2024. Included with this letter is a Statement of Grant Award/Acceptance (SOGA). Please note hard copies of the General Special Conditions, as well as the Reporting Requirements and Projected Due Dates, are now referred to as Conditions and Requirements and are posted online at https://www.dcjs.virginia.gov/grants/grant-requirements. In addition to the general Special Conditions, there may be grant specific Specia l Conditions related to your Grant Award called Encumbrances. If there are any, you are required to adhere to these conditions via the On-line Grants Management System (OGMS) at https://ogms.dcjs.virginia.gov/. If you have not previously done so, you must register in order to use this web -based system. The instructions on Registering for a New Account and Submitting Action Item Encumbrances are posted here https://www.dcjs.virginia.gov/grants/ogms-training-resources along with other resources and training videos. All registrants will be approved within 3 – 5 business days. We will be happy to assist you in any way we can to assure your project’s success. To indicate your acceptance of the award and conditions, please sign the included SOGA and return it electronically within the next 60 days to grantsmgmt@dcjs.virginia.gov. If you have questions, contact your DCJS Grant Monitor Michelle Miles at Michelle.Miles@dcjs.virginia.gov or via email at 804- 225-1846. Sincerely, Jackson Miller 2 STATEMENT OF GRANT AWARD (SOGA) Virginia Department of Criminal Justice Services 1100 Bank Street, 12th Floor Richmond, Virginia 23219 Project Director Project Administrator Finance Officer Patrick Pascoe Commander 5925 Cove Road Roanoke, Virginia 24019 540-777-5258 ppascoe@roanokecountyva.gov Richard Caywood County Administrator 5204 Bernard Drive Roanoke, Virginia 24019 540-776-7190 rcaywood@roanokecountyva.gov Joshua Pegram Financial Analyst 5204 Bernard Drive Roanoke, Virginia 24018 540-283-8137 jpegram@roanokecountyva.gov *Please indicate your ICR in the space provided, if applicable. As the duly authorized representative, the undersigned, having received the Statement of Grant Awards (SOGA) and reviewing the Special Conditions, hereby accepts this grant and agree to the conditions and provisions of all other Federal and State laws and rules and regulations that apply to this award. Signature: ______________________________ Authorized Official (Project Administrator) Title: ______________________________ Date: _____________________________ 507934-FY24 SRO: SRO Incentive Grant Program Subgrantee: Roanoke County DCJS Grant Number: 24-245-B Grant Start Date: 07/01/2023 Grant End Date: 06/30/2024 Indirect Cost Rate: _____% *If applicable Federal Funds: State Special Funds: $312,504 Local Match: $179,096 Total Budget: $491,600 Page 1 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 13, 2023 ORDINANCE ACCEPTING FUNDS IN THE AMOUNT OF $312,504 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES, AND APPROPRIATING SUCH FUNDS FOR USE BY THE ROANOKE COUNTY POLICE DEPARTMENT FOR SCHOOL RESOURCE OFFICERS WHEREAS, the Virginia Department of Criminal Justice Services has awarded funding to the Roanoke County Police Department through the Schoo l Resource Officer Grant Program Fund for fiscal year 2024, in the amount of $312,504, with a required local match of $179,096 (for a total of $491,600); and WHEREAS, this grant has been awarded to fund the salaries and benefits of eight new school resource officers; and WHEREAS, the local match of $179,096 will come from police department personnel savings in the fiscal year 2024 operating budget, which funds have already been appropriated; and WHEREAS, the first reading of this ordinance was held on June 13, 2023, and the second reading was held on June 27, 2023. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that 1) Funds in the amount of $312,504 from the Virginia Department of Criminal Justice Services are hereby accepted and appropriated to the grant fund, 2) The previously-appropriated local-match funds in the amount of $179,096 shall be transferred to the grant fund as needed, Page 2 of 2 3) All of such funds, totalling $491,600, shall be used by the Roanoke County Police Department to fund the salaries and benefits of school resource officers, and 4) This ordinance shall be effective upon its adoption. Page 1 of 3 ACTION NO. ITEM NO. E.2 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2023 AGENDA ITEM: Ordinance approving an intergovernmental agreement for operation of the Regional Center for Animal Care and Protection SUBMITTED BY: Rachel Lower Senior Assistant County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: The current intergovernmental agreement for operation of the Regional Center for Animal Care and Protection (the "RCACP") is set to terminate on June 30, 2023 and a new agreement needs to be executed by each participating locality. BACKGROUND: The Virginia Code requires counties and cities to maintain a public animal shelter, and allows one or more localities to contract for the establishment of a public animal shelter in conjunction with one another. In January 2013 the County of Roanoke, the City of Roanoke, the County of Botetourt, and the Town of Vinton agreed to operate a regional public animal shelter pursuant to an intergovernmental agreement executed by the localities (the “original agreement”). During the term of the original agreement and pursuant to a Memorandum of Understanding entered into between the County of Roanoke and the Town of Vinton on April 9, 2019 (1) the County assumed financial responsibility of the Town of Vinton’s usage of the regional animal control facility, (2) the Town of Vinton agreed to be eliminated as a member of the Roanoke Valley Regional Pound Agreement, and (3) the Town of Vinton agreed to discontinue appointing a member to the animal shelter’s Executive Committee and to join the County in a request to appoint or cause to be Page 2 of 3 appointed as a member of the Executive Com mittee an additional County representative. That original agreement is scheduled to terminate on June 30, 2023, and a new agreement must be executed by the participating localities. DISCUSSION: This intergovernmental agreement with the City of Roanok e and the County of Botetourt sets out the terms and conditions for these local governments to establish and operate a regional animal shelter. Intergovernmental agreements for the joint exercise of powers by localities shall be approved by ordinance pursuant to Virginia Code § 15.2-1300. This agreement does the following: (1) describes the ownership percentage of each of the localities in the animal shelter located at 1510 Baldwin Avenue, (2) establishes a cost sharing formula based upon usage of each participating locality at the end of each calendar year, (3) creates a Board of Directors responsible for the overall operations of the regional animal shelter, which consists of (a) the City Manager for the City of Roanoke or his or her designee, (b) the County Administrator for the County of Roanoke or his or her designee, (c) an additional member appointed by the Roanoke County Administrator, (d) the County Administrator for the County of Botetourt or his or her designee, and (e) an additional member appoin ted by the City Manager for the City of Roanoke, (4) provides for the appointment of an Executive Director, (5) addresses budget and fiscal agent matters, and (6) addresses dispute resolution, termination, withdrawal, and other common contractual matters. The following are the substantive changes that have been made to the terms of the proposed new agreement: 1. Changes to the ownership percentage of each of the localities in the animal shelter located at 1510 Baldwin Avenue based upon Vinton's withdraw al (with Roanoke County accepting Vinton’s 4% interest). 2. The RCACP “Executive Committee” is renamed the “Board of Directors”. 3. Roanoke County will take over Vinton’s seat on the Board of Directors. If this is approved as proposed, the Board of Directors will consist of 2 Roanoke City seats, 2 Roanoke County seats, and 1 Botetourt County seat. 4. The new agreement has a termination date of June 30, 2028, with 5 -year automatic extensions. 5. The new agreement allows for remote meetings of the Board of Directors, and allows the Board of Directors to cancel quarterly meetings if agreed upon by a majority of the members. There is no change to the annual costs to be shared by the participating localities based Page 3 of 3 upon actual usage of the RCACP. FISCAL IMPACT: There are no expected fiscal impacts associated with the execution of the proposed intergovernmental agreement beyond those already included in the County's annual budget for the operation of the RCACP. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the attached ordinance approving the intergovernmental agreement to establish and operate a regional animal shelter, and that the Board schedule a second reading on this matter for June 27, 2023. 1 ROANOKE VALLEY REGIONAL ANIMAL SHELTER AGREEMENT THIS AGREEMENT (hereinafter referred to as “Agreement”) is made and entered into this 1st day of July, 2023, by and between the CITY OF ROANOKE (hereinafter referred to as “Roanoke City”), the COUNTY OF ROANOKE (hereinafter referred to as “Roanoke County”), and the COUNTY OF BOTETOURT (hereinafter referred to as “Botetourt”), (hereinafter referred to collectively as “parties” or “participating localities”), each of which is a political subdivision or municipality of the Commonwealth of Virginia. WITNESSETH: WHEREAS, Virginia Code § 3.2-6546 requires the governing body of each county or city to maintain or cause to be maintained a public animal shelter; and WHEREAS, Virginia Code § 3.2-6546 allows one or more local governing bodies to contract for the establishment of a public animal shelter in conjunction with one another; and WHEREAS, the governing bodies of Roanoke City, Roanoke County, and Botetourt have determined that it is in the best interest of all three localities to operate a single public animal shelter; and WHEREAS, by Special Warranty Deed dated October 31, 2013, and recorded in the Clerk’s Office of the Circuit Court of the City of Roanoke as Instrument Number 130012723, the City of Roanoke, Virginia, the Town of Vinton, Virginia, the County of Roanoke, Virginia, and the County of Botetourt, Virginia, mutually acquired a certain parcel of real estate, located in the City of Roanoke (City of Roanoke Tax Map #3210434), which contains approximately 3.236 acres, for the purposes of maintaining the public animal shelter; and WHEREAS, at the time of the acquisition (October 31, 2013), the percentage of ownership in the aforementioned real estate was as follows: the City of Roanoke, Virginia, owns a fifty-eight percent (58%) undivided interest; the Town of Vinton, Virginia (the “Town”), owns a four percent (4%) undivided interest; the County of Roanoke, Virginia, owns a twenty-two percent (22%) undivided interest; and the County of Botetourt, Virginia, owns a sixteen percent (16%) undivided interest; and WHEREAS, on or about April 9, 2019, the Town, withdrew and terminated its participation in the Roanoke Valley Regional Pound Agreement dated January 7, 2013, and pursuant to Section 5-3 of that Roanoke Valley Regional Pound Agreement dated January 7, 2013, the Town relinquished any and all interest in the aforementioned real estate; and WHEREAS, pursuant to a Memorandum of Understanding entered into between the County of Roanoke and the Town on April 9, 2019, (1) the County of Roanoke assumed financial responsibility of the Town’s usage of the regional animal control facility, (2) the Town agreed to be eliminated as a member of the Roanoke Valley Regional Pound Agreement, and (3) the Town agreed to discontinue appointing a member to the Executive Committee and to join the County of 2 Roanoke in a request to appoint or cause to be appointed as a member of the Executive Committee an additional County of Roanoke representative; and WHEREAS, due to the Town’s withdrawal as a participating locality, the percentage of ownership in the aforementioned real estate is now as follows: the City of Roanoke, Virginia, owns a fifty-eight percent (58%) undivided interest; the County of Roanoke, Virginia, owns a twenty- six percent (26%) undivided interest; and the County of Botetourt, Virginia, owns a sixteen percent (16%) undivided interest; and WHEREAS, the public animal shelter is maintained in a building on the aforementioned real estate, and is named the Regional Center for Animal Care and Protection (hereinafter the “RCACP”); the address of the RCACP is 1510 Baldwin Avenue, Roanoke, Virginia; and WHEREAS, the participating localities are authorized to enter into this Agreement jointly by ordinance pursuant to Virginia Code § 15.2-1300; and NOW, THEREFORE, for and in consideration of the mutual obligations and mutual benefits accruing to the participating localities from this Agreement, the City Council for the City of Roanoke, the Board of Supervisors of the County of Roanoke, and the Board of Supervisors for the County of Botetourt agree upon the following terms: ARTICLE I. RCACP PROPERTY Sec. 1-1. Management of the RCACP Property. All use and operation of the real estate located at 1510 Baldwin Avenue, Roanoke, Virginia, and the RCACP facilities shall be managed by the Board of Directors established pursuant to Section 4-3 below. Sec. 1-2. Proceeds of Real Estate and Personal Property. The net proceeds of the sale or rental of any real property interest in the real estate located at 1510 Baldwin Avenue, Roanoke, Virginia, or any portion thereof or any product or personal property therefrom, to any of the parties or any outside party shall be shared in proportions as to the ownership of the real estate located at 1510 Baldwin Avenue, Roanoke, Virginia, which is as follows: the City of Roanoke – fifty-eight percent (58%), the County of Roanoke – twenty-six percent (26%), and the County of Botetourt – sixteen percent (16%). ARTICLE II. SHARING COSTS Sec. 2-1. Annual Calculation of Cost Shares. The costs to operate the RCACP shall be shared by the participating localities based on the percentage of usage of each participating locality at the end of the calendar year. Each participating locality’s usage shall include the number of dogs, cats, or other companion animals brought to the RCACP from the said participating locality each calendar year. Sec. 2-2. Use of Animal Shelter. Each participating locality shall be required to follow an animal intake policy as that intake policy is approved by the Board of Directors. The animal intake 3 policy shall comply with any applicable provisions of the Virginia Code in effect at any given time. ARTICLE III. BUDGET AND FISCAL MATTERS Sec. 3-1. Fiscal Agent. Roanoke County shall serve as the fiscal agent for the RCACP until otherwise agreed to by a unanimous vote of the Board of Directors. The fiscal agent will maintain a program account for the receipt of funds paid by the participating localities and fees paid by the general public, and for payment expenses for the operation, maintenance, repairs, and capital improvements to the RCACP. Sec. 3-2. Host Locality. Host locality shall be defined as the locality in which the RCACP is located. As of the date of this Agreement, the City of Roanoke is the host locality. Sec. 3-3. Budget. The Board of Directors shall adopt an annual budget for the operations, maintenance and necessary repairs to the RCACP in each ensuing fiscal year. The budget shall be submitted by the Executive Director for approval at the quarterly meeting in April of each year so that the RCACP budget can be included in each participating locality’s budget proposals. At the option of the Board of Directors, the budget request in any year may include components for future construction to or other capital improvements for the RCACP. Sec. 3-4. Annual Adjustment of Expenses. At the end of each fiscal year, a financial audit shall be performed in order to adjust any discrepancy or discrepancies between the budgeted payments and each participating locality’s actual and appropriate share of expenses for the prior year. Sec. 3-5. Debt. The Board of Directors shall have no authority to incur debt obligations or approve expenditures in excess of the funds appropriated to it by the governing bodies of each of the participating localities. However, the Board of Directors may, by unanimous vote, recommend the issuance of new debt or the restructuring of existing debt which would then require the approval of the governing bodies for each of the participating localities. Sec. 3-6. Executive Director and Employees. The Board of Directors shall be responsible for the hiring of an Executive Director for the RCACP. All employees assigned to the RCACP, including the Executive Director, shall be employees of the Fiscal Agent and shall be subject to the personnel policies of the Fiscal Agent. The Executive Director reports directly to the Board of Directors and shall be evaluated from time to time by and in the discretion of the Board of Directors. Sec. 3-7. Indemnification and Insurance. Each participating locality shall maintain its own workers’ compensation and public official’s liability insurance coverage, and each participating locality shall retain its full legal responsibilities for injuries or property damage arising from its employees’ use of the RCACP. Nothing in this agreement shall be interpreted as an assumption of joint and several liability, or as an indemnification of any participating locality by any of the others. General liability insurance for the facility shall be purchased by the Fiscal Agent. Each 4 party to this agreement shall be billed for and shall pay its proportional share of General Liability coverage in accordance with the formula set forth in Article II. ARTICLE IV. OPERATIONS AND DISPUTE RESOLUTION Sec. 4-1. Term. The term of this Agreement shall commence on July 1, 2023, and shall terminate on June 30, 2028, unless sooner terminated or further extended as provided for herein. As of each five (5) year anniversary of the effective date of this Agreement (July 1), the term of this Agreement shall automatically be extended for one additional five (5) year term beyond the then existing date of termination, unless one or more of the participating localities chooses to withdraw from this Agreement in accordance with the process outlined Article V. Sec. 4-2. Executive Director. The day to day operations of the RCACP shall be performed by the Executive Director appointed in accordance with Section 3-6 of this Agreement. The Executive Director shall be responsible for building and maintaining rescue partner relationships and volunteer relationships to enhance the mission of the RCACP. The Executive Director shall work closely with each participating locality’s animal control officers to maintain communication and a positive working relationship. Sec. 4-3. Board of Directors. The overall operations of the RCACP shall be the responsibility of a Board of Directors as set forth herein. The composition and purposes of the Board of Directors are as follows: (1) The members of the Board of Directors shall consist of: (1) the City Manager for the City of Roanoke or his or her designee; (2) the County Administrator for the County of Roanoke or his or her designee; (3) an additional member appointed by the chief executive officer of the County of Roanoke; (4) the County Administrator for the County of Botetourt or his or her designee; and (5) a member appointed by the chief administrative officer of the locality that serves as the Host Locality. (2) The Board of Directors shall meet at least quarterly, unless otherwise agreed upon by a majority vote of the members of the Board of Directors. Special meetings may be called by any two members by actual notice delivered to all members at least forty-eight (48) hours prior to the meeting date or may be held at any time upon attendance at meetings by all members. Meetings may be held remotely, at the discretion of the chair, in accordance with the provisions of the Freedom of Information Act and as may be adopted in its bylaws or rules of procedure. (3) A quorum necessary to act at any meeting of the Board of Directors shall be three (3) members or their officially-appointed designees. A majority vote of the members in attendance shall decide any issue presented unless otherwise set forth in this Agreement. (4) The Board of Directors shall ensure that the operation of the RCACP meets all requirements of state and federal laws and regulations pertaining to such 5 facilities; ensure that all operations and staffing of the RCACP meet the requirements of any state or federally-issued permit; ensure that the use, care, and maintenance of the equipment located at the RCACP meets the manufacturer’s recommendations; ensure that the building and grounds are properly maintained and that repairs, when needed, are promptly done; and generally give direction to the Executive Director with respect to the above. (5) The chair of the Board of Directors shall rotate among the City Manager for the City of Roanoke or his or her designee on the Board of Directors; the County Administrator for the County of Roanoke or his or her designee on the Board of Directors; and the County Administrator for the County of Botetourt or his or her designee on the Board of Directors and shall be for a term of two (2) years, with the rotation continuing in similar fashion for the life of this Agreement. The current chair is Richard Caywood, and his term shall expire on July 1st, 2023. (6) The meetings of the Board of Directors shall be conducted pursuant to parliamentary procedures as set forth in “Roberts Rules of Order” and such bylaws or rules of procedure as may be adopted by a majority vote of the membership of the Board of Directors, not inconsistent with the Virginia Freedom of Information Act or successor provision of law. (7) The Executive Director shall make available to the Board of Directors or any of its sub-committees all records, work sheets, financial records, and documents or instruments of any nature, regarding and pertaining to the operation, maintenance, or fiscal affairs of the RCACP. (8) A fiscal affairs committee is hereby established as an advisory committee to the Board of Directors. The fiscal affairs committee shall consist of a designee appointed by the chief executive officer of each participating locality. The fiscal affairs committee shall meet with the Executive Director and Director of Operations to review monthly operations, policies, procedures, monthly reports, and other budget and fiscal issues. The fiscal affairs committee shall provide the operational support needed by the Executive Director as it pertains to the day to day operations of the RCACP. The fiscal affairs committee shall report to the Board of Directors on the status of the operations of the RCACP at each meeting of the Board of Directors. Sec. 4-4. Dispute Resolution. Any dispute, disagreement, or controversy arising among the parties hereto as to the operation of the RCACP, if not resolved by the parties within thirty (30) days of the date such dispute, disagreement, or controversy arose, may be resolved through non- binding mediation. ARTICLE V. WITHDRAWAL OF A PARTY Sec. 5-1. Withdrawal. Any party to this Agreement may withdraw and terminate such locality’s participation in this Agreement as set forth herein: 6 (1) Such party’s governing body must take appropriate action by ordinance authorizing such withdrawal and termination; and (2) The party seeking to withdraw from this Agreement shall deliver in person or by certified mail return receipt requested a formal written notice to each of the individuals listed under Section 6-2 of this Agreement on or before June 30 of the then current fiscal year, but which notice shall not be effective until midnight on June 30 of the following fiscal year. The purpose of this notice requirement is to give the non-withdrawing party or parties at least twelve (12) months’ notice of the withdrawing party’s decision to no longer participate in the Agreement. Sec. 5-2. Responsibility of Compliance. Any party to this Agreement which provides notice to withdrawal pursuant to Section 5-1 above shall be responsible for complying with such Agreement until the effective date of the withdrawal notice as referred to in Section 5-1 above. Sec. 5-3. Withdrawing Party’s Interest in Assets. Any party withdrawing from this Agreement shall not be entitled to and shall not receive any financial or other compensation, adjustment, or credit of any type for the value of equipment, assets, grant or other funds, real, personal, tangible or intangible property, accounts receivable, or any other items that may be used or held for the benefit of the RCACP. Further, any locality withdrawing from this Agreement shall also relinquish any and all interest in the property it has under Article I of this Agreement. Sec. 5-4. Future Operation of RCACP. Upon a party’s notification of withdrawal pursuant to Sec. 5-1, the nonwithdrawing parties, in their sole discretion, may continue the operations of the RCACP under this Agreement with such modifications as they deem appropriate or under a new agreement as such nonwithdrawing parties deem appropriate. However, such modifications or new agreement shall not alter the financial obligations of the withdrawing party. The withdrawing party shall have no vote or right to object to the actions of the nonwithdrawing parties regarding any modifications to this Agreement or a new agreement so long as the withdrawing party’s financial obligations are not altered. The withdrawing party shall also have no further right to use or receive the benefits of the RCACP operations after the effective date of withdrawal. Sec. 5-5. Cooperation upon Withdrawal. The withdrawing party shall cooperate with the nonwithdrawing parties in order to provide for a smooth transition of operations and control to such nonwithdrawing parties, including, but not limited to, executing any documents and providing any information the nonwithdrawing parties may reasonably request. Sec. 5-6. Rights of the Nonwithdrawing Parties. If at any time the nonwithdrawing parties decide to no longer operate the RCACP, such parties may do so only upon such terms and conditions as such parties deem appropriate in accordance with the direction of the governing body of each nonwithdrawing party. Sec. 5-7. Right to Rescind Notice of Withdrawal. Any withdrawing party may rescind such party’s notice to withdraw only during the first 60 days after the date such notice was given. After such 60-day time period, the withdrawing party may request that such withdrawal notice be 7 rescinded, but any such rescission request shall require the written consent of all of the nonwithdrawing parties to be effective. Sec. 5-8. Withdrawing Party’s Responsibility for Debt. No party may withdraw from any authority that has outstanding bonds without the unanimous consent of all the holders of such bonds unless all such bonds have been paid or cashed or United States government obligations have been deposited for their payment. Any withdrawing party shall continue to be responsible for its share of any debt for capital improvements made to the RCACP, and any allocation of debt payments shall be made by the withdrawing party based upon the percentage cost sharing terms provided for in Article II for one year following its withdrawal from this Agreement. ARTICLE VI. MISCELLANEOUS Sec. 6-1. Effective Date. The effective date of this agreement shall be July 1, 2023. Sec. 6-2. Notices. Notices hereunder shall be sent by certified mail to the respective parties to the following officers or their successors: Richard L. Caywood, County Administrator COUNTY OF ROANOKE, VIRGINIA 5204 Bernard Drive Roanoke, Virginia 24018 Copy to: Peter S. Lubeck, County Attorney COUNTY OF ROANOKE, VIRGINIA 5204 Bernard Drive Roanoke, Virginia 24018 Robert Cowell, City Manager CITY OF ROANOKE, VIRGINIA 215 Church Avenue SW Roanoke, Virginia 24011 Copy to: Tim Spencer, City Attorney CITY OF ROANOKE, VIRGINIA 215 Church Avenue SW Roanoke, Virginia 24011 Gary Larrowe, County Administrator COUNTY OF BOTETOURT, VIRGINIA 57 S. Center Dr., Suite 200 Daleville, Virginia 24083 Copy to: Michael W.S. Lockaby, County Attorney COUNTY OF BOTETOURT, VIRGINIA Spilman, Thomas & Battle, PLLC 8 310 First Street, Suite 1100 (ZIP 24011) P.O. Box 90 Roanoke, Virginia 24002-0090 Sec. 6-3. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Sec. 6-4. Counterpart Copies. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Sec. 6-5. Severability. The invalidity, illegality or unenforceability of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Sec. 6-6. Waiver. No failure or delay of any party to insist on strict observance of any provision of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement in any instance. Sec. 6-7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Sec. 6-8. Entire Agreement. This Agreement and the attachments hereto constitute the full agreement among the parties. This Agreement may only be amended by written amendment adopted by each of the participating localities. IN WITNESS WHEREOF, the parties hereto have set their signatures and seals this the day and year first above written. (Signature Pages to Follow) 9 CITY OF ROANOKE, VIRGINIA By: _____________________________________ Mayor ____________________________________ Clerk COMMONWEALTH OF VIRGINIA CITY OF ROANOKE The foregoing instrument was acknowledged before me this ______ day of _______________, 2023, by ______________________________, Mayor of the City of Roanoke, Virginia. My Commission Expires: _____________________________________ ____________________ Notary Public 10 COUNTY OF ROANOKE, VIRGINIA By: _____________________________________ Chairman of the Board of Supervisors ____________________________________ Clerk COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE The foregoing instrument was acknowledged before me this ______ day of _______________, 2023, by ______________________________, Chairman of the Board of Supervisors of the County of Roanoke, Virginia. My Commission Expires: _____________________________________ ____________________ Notary Public 11 COUNTY OF BOTETOURT, VIRGINIA By: _____________________________________ Chairman of the Board of Supervisors ____________________________________ Clerk COMMONWEALTH OF VIRGINIA COUNTY OF BOTETOURT The foregoing instrument was acknowledged before me this ______ day of _______________, 2023, by ______________________________, Chairman of the Board of Supervisors of the County of Botetourt, Virginia. My Commission Expires: _____________________________________ ____________________ Notary Public Page 1 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 13, 2023 ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR OPERATION OF THE REGIONAL CENTER FOR ANIMAL CARE AND PROTECTION WHEREAS, Virginia Code § 3.2-6546 requires the governing body of each county or city to maintain or cause to be maintained a public animal shelter; and WHEREAS, Virginia Code § 3.2-6546 allows one or more local governing bodies to contract for the establishment of a public animal shelter in conjunction with one another; and WHEREAS, the governing bodies of Roanoke City, Roanoke County, and Botetourt have determined that it is in the best interest of all three localities to operate a single public animal shelter, and to enter into a regional agreement for the operation of such; and WHEREAS, §15.2-1300 of the Code of Virginia requires that agreements for the joint exercise of powers by political subdivisions be approved by ordinance; and WHEREAS, the first reading of this ordinance was held on June 13, 2023, and the second reading was held on June 27, 2023. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board hereby approves the Regional Animal Shelter Agreement with Roanoke City and the County of Botetourt for the operation of a regional animal shelter. 2. The County Administrator, Deputy County Administrator or Assistant County Administrator, any of whom may act, are authorized to execute and Page 2 of 2 deliver the Regional Animal Shelter Agreement. The form of the Regional Animal Shelter Agreement presented to the Board is hereby approved with such completions, omissions, insertions, and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof. 3. The County Administrator, Deputy County Administrator, or Assistant County Administrator, any of whom may act, are hereby authorized and directed to execute, deliver and record, as necessary, all other documents on behalf of the County and to take all such further action as any of them may deem necessary or desirable in connection with the establishment and operation of a regional animal shelter. 4. This ordinance shall be effective from and after the date of its adoption. Regional Center for Animal Care and Protection (RCACP) Regional Agreement Board of Supervisors Meeting June 13, 2023 Background •RCACP was previously an open intake facility managed by Roanoke Valley SPCA •In December 2012, localities assumed operational responsibility as the municipal animal shelter for the City of Roanoke, Counties of Botetourt and Roanoke, and Town of Vinton •Service to a combined population of 238,585 citizens •Estimated pet population is approximately 4,000 annually •Roanoke County has served as fiscal agent since inception 2 Intergovernmental Agreement •Previous Ordinance for Intergovernmental Agreement signed in 2013 •10-year term; expires June 30, 2023 •New Agreement Drafted by Roanoke County Attorney’s Office •Requires Ordinance and First and Second Reading 3 Intergovernmental Agreement •Updates include: •Removal of Town of Vinton as participating entity •Reallocates Town of Vinton ownership percentage (4%) to Roanoke County •Reallocates Town of Vinton Board position to Roanoke County •Updated verbiage from “Executive Committee” to “Board of Directors” •Updated verbiage from “pound” to “animal shelter” •Added termination date of June 30, 2028, with 5-year automatic extensions •Allowance of virtual business meetings, and cancellation of quarterly meetings, if agreed upon by the majority of the members 4 Next Steps •RCACP Executive Committee agreement to be approved at special meeting held June 13, 2023 •Roanoke County Second Reading –scheduled June 27, 2023 •Botetourt County and Roanoke City approval –June 2023 5 Page 1 of 2 ACTION NO. ITEM NO. E.3 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2023 AGENDA ITEM: Ordinance amending Article II (Definitions and Use Types), Article III (District Regulations), and Article IV (Use and Design Standards) of the Roanoke County Zoning Ordinance SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: First reading of an ordinance to amend the Roanoke County Zoning Ordinance. BACKGROUND: · On February 14, 2023, the Roanoke County Board of Supervisors adopted a resolution requesting the Planning Commission to study and provide recommendations on amendments to the County’s Cluster Subdivision Ordinance. · On March 14, 2023, the Roanoke County Board of Supervisors adopted a resolution requesting the Planning Commission to review industrial use type definitions in Section 30-29-6 of the Roanoke County Zoning Ordinance. DISCUSSION: Since February 2023, Planning staff has worked with the Planning Commission to developed proposed amendments to the County’s Zoning Ordinance on the issues requested by the Board of Supervisors. In addition, proposed amendments to the County’s Zoning Ordinance regarding commercial kennels, multiple dog permits, and home occupations are also included. Page 2 of 2 The proposed amendments (attached) would: add a definition for data center, and amend the definitions of multiple dog permit, comm ercial kennel, and industry, type I in Article II (Definitions and Use Types); add single family dwelling, attached (cluster subdivision option) and single family dwelling, detached (cluster subdivision ordinance) as permitted uses in the AR (Agricultural/Residential) District in Article III (District Regulations); and amend the use and design standards for home occupations, type I and type II, and for single family dwelling, attached and detached (cluster subdivision option), and amend the accessory uses f or industrial use types in Article IV (Use and Design Standards). The Planning Commission held a public hearing on the proposed amendments on June 6, 2023. No citizens spoke on this issue during the public hearing. The Planning Commission recommends approval of the proposed amendments to the County’s Zoning Ordinance. FISCAL IMPACT: There is no fiscal impact to the County pertaining to this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the first reading of the ordinance to amend the Roanoke County Zoning Ordinance and schedule the public hearing and second reading for June 27, 2023. Page 1 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 14, 2022 RESOLUTION 021423-2 DIRECTING THE ROANOKE COUNTY PLANNING COMMISSION TO STUDY AND PROVIDE RECOMMENDATION REGARDING WHETHER TO AMEND THE PROVISIONS OF SECTION 30-82-13.1 (THE COUNTY’S CLUSTER SUBDIVISION ORDINANCE) WHEREAS, Section 30-82-13.1 of the Roanoke County Code sets forth the County’s “Cluster Subdivision Option” for the development of single-family dwellings; and WHEREAS, the intent of the ordinance is to facilitate the preservation of viewsheds and conservation areas by allowing, under certain conditions, such areas to be combined with a higher, but more compact level of development; and WHEREAS, the Cluster Subdivision Ordinance is seldom used in developing neighborhood; and WHEREAS, it has been proposed that the Board refer this matter to the Planning Commission for review and recommendation as to whether the provisions of this ordinance could be reasonably expanded so as to expand its use while preserving its intent and purpose. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that this matter (whether to amend Section 30-82-13.1 of the Count Code) be referred to the Planning Commission for study and recommendation. On motion of Supervisor Mahoney to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: NAYS: Supervisors Peters, Mahoney, North, Radford, Hooker None cc: Peter S. Lubeck, County Attorney Philip Thompson, Director of Planning 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, MARCH 14, 2023 RESOLUTION 031423-6 DIRECTING THE ROANOKE COUNTY PLANNING COMMISSION TO STUDY AND PROVIDE RECOMMENDATION REGARDING WHETHER TO AMEND THE INDUSTRIAL USE TYPES SET FORTH AND DEFINED IN SECTION 30- 29-6 OF THE ROANOKE COUNTY CODE WHEREAS, Section 30-29-6 of the Roanoke County Code sets forth and defines "Industrial Use Types" as applied in the County's Zoning Ordinance; and WHEREAS, it has been suggested that these use types might benefit from updates to reflect the nature of developing technologies, in order to facilitate desirable economic development in the County; and WHEREAS, it is proposed that the Board refer this matter to the Planning Commission for review and recommendation. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that this matter (whether to amend the industrial use types as set forth and defined in Section 30-29-6 of the County Code) be referred to the Planning Commission for study and recommendation. On motion of Supervisor Mahoney to adopt the resolution, seconded by Supervisor Radford and carried by the following recorded vote: AYES: NAYS: Supervisors Peters, Mahoney, North, Radford, Hooker None cc: Philip Thompson, Director of Planning Page 1 of 1 Zoning Ordinance Amendments – BOS - June 13, 2023 1 ARTICLE II – DEFINITIONS AND USE TYPES SEC. 30-28. DEFINITIONS. Data Center: A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center. SEC. 30-29. USE TYPES; GENERALLY. Sec. 30-29-2. Residential Use Types. Multiple dog permit: The keeping, breeding, raising, showing or training of four (4) or more dogs over four (4) months of age for personal enjoyment of the owner or occupants of the property. and for which commercial gain is not the primary objective. Sec. 30-29-5. Commercial Use Types. Kennel, commercial: The boarding, breeding, raising, grooming or training of two (2) or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain. Sec. 30-29-6. Industrial Use Types. Industry, Type I: Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Included would be the assembly of electrical appliances, electrical components, components used for energy, biotechnology or automotive uses, data centers, bottling and printing plants, and the manufacturing of paint, oils, pharmaceuticals, cosmetics, bakery goods, dairy products, perfumes, fruit, vegetable, food and tobacco products, solvents and other chemical production of items made of stone, glass, metal or concrete. This definition includes the further processing of meat products and the manufacturing, compounding, processing, packing or treatment of articles (of sizes less than four hundred (400) cubic feet) of merchandise of raw, secondary or partially completed materials. ARTICLE III – DISTRICT REGULATIONS SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT. Sec. 30-34-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more Zoning Ordinance Amendments – BOS - June 13, 2023 2 stringent standards as listed in article IV, use and design standards, for those specific uses. 2. Residential Uses Single Family Dwelling, Attached (Cluster Subdivision Option) * Single Family Dwelling, Detached (Cluster Subdivision Option) * ARTICLE IV – USE AND DESIGN STANDARDS SEC. 30-82. RESIDENTIAL USES. Sec. 30-82-3. Home Occupations, Type I and Type II. (A) Intent. These provisions are adopted in recognition that certain small-scaled commercial activities may be appropriate accessory uses within residential dwellings. The character and scale of such commercial activities must be subordinate and incidental to the principal use of the premises for dwelling purposes, and must be consistent with the predominant residential character of the property and/or surrounding neighborhood. In addition, these provisions are intended to limit the size of such home occupations so as to not create an unfair competitive advantage over businesses located in commercially zoned areas. (B) General standards: 1. More than one (1) home occupation may be permitted provided the total floor area used for all home occupations do not exceed the applicable Type I or Type II standard. 2. No dwelling or structure shall be altered, occupied or used in a manner which would cause the premises to differ from a character consistent with a residential use. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited. 3. There shall be no outside storage of goods, products, equipment, or other materials inconsistent with a residential use associated with the home occupation. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site. The sale of firearms as a home occupation shall be prohibited. 4. The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area. In addition, the lot or property on which the home occupation is conducted shall not have any parking spaces added to it during the time the Zoning Ordinance Amendments – BOS - June 13, 2023 3 home occupation is being conducted, nor shall any parking space be used that was not customarily or regularly used prior to that time. 5. Deliveries related to the home occupation shall be limited to the United States Postal Service, parcel delivery services, and messenger services. The commercial delivery by tractor trailer of materials or products to or from the premises shall be prohibited. 6. The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes. 7. No equipment or process shall be used in a home occupation which creates noise in excess of 60 dB(A) measured at the property line, or vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises or through common walls. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls. 8. No activity in conjunction with a home occupation shall be conducted before 7:00 a.m. or after 10:00 p.m. that adversely impacts or disturbs adjoining property owners. 9. Temporary portable storage containers shall not be used in conjunction with a Type I or Type II home occupation or used as a principal use or principal building or structure. 10. Pet grooming may be allowed as a home occupation. It shall be limited to one (1) customer at a time, and a maximum of eight (8) animals per day. Any animals associated with this permitted home occupation must be kept indoors. 11. Pet breeding may be allowed as a home occupation. It shall be limited to the selling of no more than twenty (20) dogs, cats or other household pets per year. The animals shall be owned by the permanent residents of the dwelling. Any animals associated with this permitted home occupation must be kept indoors. 12. All home occupations shall be required to obtain a Roanoke County Business License from the Commissioner of the Revenue. (C) Additional standards for all Type I home occupations: 1. The maximum floor area permitted for a home occupation shall be ten (10) percent of the finished floor area of the dwelling unit, or 250 square feet, whichever is greater. Zoning Ordinance Amendments – BOS - June 13, 2023 4 2. The home occupation shall be conducted entirely within the interior of the principal residential structure or within an accessory structure located on the property. 3. No one (1) other than permanent residents of the dwelling shall be engaged or employed in such occupation. 4. No sign may be placed on the property advertising the home occupation. 5. No advertising through local media, including telephone books, flyers, and the internet shall call attention to the residential address of the home occupation. (D) Additional standards for all Type II home occupations: 1. The maximum floor area permitted for a home occupation shall be twenty-five (25) percent of the finished floor area of the dwelling unit, or 500 feet, whichever is greater. 2. One (1) person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation. 3. The home occupation shall be conducted entirely within the interior of the principal residential structure or within an accessory structure located on the property. 4. One (1) non-illuminated sign, a maximum of two (2) square feet in area, shall be permitted per dwelling, regardless of the number of home occupations within the dwelling. Any sign must conform with the provisions of section 30- 93 of the zoning ordinance. Sec. 30-82-13.1. Single Family Dwelling, Attached and Detached (Cluster Subdivision Option). (A) Intent. 1. Establish a method for the county to protect vital natural and historic resources from development and permanent loss. 2. Prevent the destruction of valuable view sheds, ridgetops and wildlife corridors, including but not limited to, the Blue Ridge Parkway and Appalachian Trail, and other resources identified in the comprehensive plan. 3. Reserve, enhance, and add to the existing and proposed greenway system throughout the county, as identified in the comprehensive plan. Zoning Ordinance Amendments – BOS - June 13, 2023 5 4. Provide the citizens of the county additional open space and recreation areas. 5. Encourage the design of creative, innovative developments that utilize the land's natural resources and features and incorporates them into functional preservation and development plans. 6. Offer an alternative to conventional subdivision development by allowing for compact clusters of housing units rather than spaced lots that encompass the entire property. 7. The Zoning Administrator shall have the authority to consider the appropriateness of open space and conservation areas on individual site plans in terms of such factors such as location, size, shape and topographic characteristics to meet the intent of this ordinance. (B) Applicability. 1. Cluster subdivisions proposed in accordance with the standards contained herein shall be a permitted use by-right in AR, R-1, R-2, R-3 and R-4 zoning districts, except that cluster subdivisions shall not be permitted within planned residential subdivisions as defined in section 30-28 of the county zoning ordinance. 2. The zoning administrator shall have the responsibility for determining compliance with these standards. Proposals for cluster subdivisions that, in the opinion of the zoning administrator, do not meet one (1) or more of the standards contained herein shall not be permitted by-right. Any such proposal shall be considered a special use and shall require a special use permit pursuant to section 30-19 of this ordinance. As part of the review of any special use permit application for a cluster subdivision, the planning commission may recommend, and the board of supervisors may approve, but shall not be obligated to approve, a waiver to any cluster subdivision standard contained in section 30-82-13.1(C) through 30-82- 13.1(H) inclusive. (C) General standards. 1. Minimum tract size of the cluster subdivision: Ten (10) Five (5) acres. 2. Public water and public sewer shall be provided to each lot within the proposed subdivision. 3. Property shall be excluded from the cluster subdivision option where, in the opinion of the zoning administrator, previous land disturbing activities have significantly altered a primary or secondary conservation area, to the extent that important features worthy of conservation have been destroyed or severely modified. Zoning Ordinance Amendments – BOS - June 13, 2023 6 4. Allowable density and minimum public street frontage requirements shall be based on the amount of minimum open space provided as outlined in the table below. : Five and one-half (5.5) dwelling units per acre. Open Space gross acreage gross acreage gross acreage gross acreage gross acreage Public Street (D) Minimum lLot, andsetback and frontage requirements. 1. There shall be no minimum lot area or setback requirements, however, the normal front, rear, and or side yard setback requirements must be maintained adjacent to any lot, or portion thereof, or existing public street right of way not within the proposed cluster development. 2. Minimum public street frontage: Forty-eight (48) feet Lots shall front on a publicly owned and maintained street except as modified by section 30-82- 13.1(F). (E) Open space and conservation area requirements. 1. Minimum open space: Forty-five (45) Twenty-five (25) percent of the gross acreage of the tract. If the gross acreage of the tract is comprised of conservation areas equaling or exceeding fifty (50) percent, no more than fifty (50) percent of the open space and conservation areas shall be required to be conserved. 2. To the greatest degree practicable, open space and conservation areas shall be designed in large blocks, connected wherever possible and designed to constitute a contiguous and cohesive unit of land. Open space and conservation area exemptions include: a. No minimum or maximum lot size, b. No public or private road frontage requirements, or c. No lot width requirement regulations. Zoning Ordinance Amendments – BOS - June 13, 2023 7 For lots with no public or private road frontage, a minimum twenty (20) foot access easement shall be provided for maintenance, pedestrian and emergency access. 3. Open space and conservation lots may be created in compliance with the terms of this ordinance and the Roanoke County Subdivision Ordinance. Any such lot proposed for platting shall be clearly designated on a subdivision plat reviewed and approved by the county. This plat shall contain notations and covenants that clearly forbid, in perpetuity, the use of the conservation lot for any type of residential dwelling, or other use or structure as prohibited by these provisions. 4. A sidewalk, greenway, or trail shall may be provided to and through the provided open space or conservation areas except for the following areas: a. Environmentally sensitive areas that may include locations of species listed as endangered, threatened or of special concern; historic structures and sites; delineated wetlands or riparian zones outside the FEMA study area; b. Unsafe areas including but not limited to sink holes, cliffs and areas prone to rock slides; and c. Other areas if approved by the zoning administrator. The location of any such trail shall be clearly marked, and the trail shall be constructed of a surface material that is appropriate to the terrain, and distinguishable to the user. 5. Ownership and maintenance of open space and conservation areas shall be one of the following: a. Common land owned in perpetuity by the owners of lots in the development, through a homeowners, condominium or similar association. Provisions for the maintenance of the open space in perpetuity shall be approved by the zoning administrator in conjunction with plat approval. b. Open space or conservation areas privately owned and maintained shall be allowed in order to preserve those attributes that qualify as open space or conservation areas. Deed restrictions and/or covenants shall encumber the property to prohibit further subdivision, development, or any other use of the open space. The following uses may be permitted in privately owned open space or conservation areas: 1. Agricultural uses in existence prior to application for a cluster subdivision as determined by the zoning administrator; and Zoning Ordinance Amendments – BOS - June 13, 2023 8 2. Forested areas. 6. If required open space is located within a mapped greenway corridor, as depicted on the Greenway Conceptual Plan, as amended, at the time of submittal of the preliminary plat, then a greenway easement shall be dedicated to the County or their designated agent. The Zoning Administrator, in consultation with the Roanoke Valley Greenway Commission, shall determine the exact location and dimensions of the easement to be dedicated. 76. Historic structures or sites may be included in open space or conservation areas. A plan shall be submitted detailing how the historic structure or site will be preserved and maintained in perpetuity. 87. No building, building addition, structure, stormwater management area, street, driveway, parking area or any other type of physical land improvement shall be located within a required conservation area. Notwithstanding the above, gazebos, benches, or other sitting areas and trails may be developed in, and historic structures may be located within, conservation areas. 98. During the site review process, the Zoning Administrator shall consider the appropriateness of open space and conservation area configuration in terms of such factors as location, size, shape and topographic characteristics. (F) Street and access requirements. 1. All residential lots within a cluster subdivision shall have frontage on and access to a publicly dedicated or maintained street or a private street constructed in accordance with the private road standards specified in the Roanoke County Design Handbook. (G) Public water and sanitary sewer. Public water and sewer shall conform with the Western Virginia Water Authority design and construction standards, as amended. (H) Cluster development process. 1. The applicant shall meet with the zoning administrator or his/her designee to review the requirements for a cluster subdivision prior to the preparation of the preliminary plat. A site visit shall be arranged to review the site and identify approximate locations of primary and secondary conservation areas. The applicant shall then have drawn, preferably by a licensed engineer/surveyor, architect or landscape architect, a property resource map. At a minimum this map shall include the following: a. Total acreage and acreage of each primary and secondary conservation area and other open space areas. Zoning Ordinance Amendments – BOS - June 13, 2023 9 b. Percent slope, in the following increments: Less than fifteen (15) percent, fifteen (15) to twenty-five (25) percent, greater than twenty-five (25) percent. c. Flood plains, wetlands, and riparian zones outside the FEMA study area. d. Historic structures and sites. e. Designated view sheds and ridgetop preservation areas identified and mapped in the 1998 community plan. f. Greenway corridors mapped on the greenway conceptual plan. g. Elevations fifteen hundred (1,500) feet or greater above mean sea level. h. Healthy woodlands. i. Location of species listed as endangered, threatened, or of special concern. j. Productive agricultural and forested lands. 2. The applicant shall submit a preliminary plat in accordance with Article II of the county subdivision regulations. The following additional items shall be required to accompany the preliminary plat: a. All primary and secondary conservation areas and other required open space areas to be designated as permanent open space, shall be mapped as conservation lots and noted on the plat. b. All deed restrictions and covenants applicable to private streets, public services, open space, and cluster subdivision lots. c. The location of all building lots to be conveyed. 3. Once approval for the preliminary plat has been given, the applicant shall submit the final plat in accordance with Article III of the county subdivision regulations. SEC. 30-88. ACCESSORY USES AND STRUCTURES. Sec. 30-88-6. Accessory Uses: Industrial Use Types. (A) Industrial use types may include the following accessory uses, activities or structures on the same site or lot: 1. Parking for the principal use. Zoning Ordinance Amendments – BOS - June 13, 2023 10 2. Recreational facilities available only to the employees of the industrial use type. 3. Day care facilities available only to the employees of the industrial use type. 4. Cafeterias and sandwich shops available only to the employees of the industrial use type. 5. Incidental retail sale of goods associated with the industrial use type, provided the square footage does not exceed ten (10) percent of the gross floor area. or three thousand (3,000) square feet, whichever is less. 6. One accessory dwelling unit occupied by employees responsible for the security of the use. 7. Other uses and activities necessarily and customarily associated with purpose and function of industrial use types, as determined by the administrator. 87. Construction office or trailer associated with active construction on a site. A construction office or trailer shall be removed from an active construction site within 30 days of issuance of the final certificate of occupancy for the project. 98. Micro wind energy systems that project no more than fifteen (15) feet above the highest point on the structure and complies with the height requirement of the zoning district. 9. Additional accessory uses not listed above in a building with a permitted principal use and occupying not more than twenty (20) percent total of the floor area of such building. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 13, 2023 ORDINANCE AMENDING ARTICLE II (DEFINITIONS AND USE TYPES), ARTICLE III (DISTRICT REGULATIONS), AND ARTICLE IV (USE AND DESIGN STANDARDS) OF THE ROANOKE COUNTY ZONING ORDINANCE WHEREAS, on February 14, 2023, the Board of Supervisors adopted a resolution directing the Planning Commission to study and provide recommendations on potential amendments to Roanoke County’s cluster subdivision ordinance; and WHEREAS, on March 14, 2023, the Board of Supervisors adopted a resolution directing the Planning Commission to study and provide recommendations on potential amendments to the industrial use type definitions in Section 30-29-6 of the Roanoke County zoning ordinance; and WHEREAS, planning staff has worked with the Planning Commission and other County staff to develop proposed amendments to Roanoke County’s zoning ordinance on the issues requested by the Board of Supervisors; and WHEREAS, planning staff and the Planning Commission propose amendments to Roanoke County’s zoning ordinance on the issues requested by the Board of Supervisors, as well as other amendments regarding commercial kennels, multiple dog permits, and home occupations; and WHEREAS, the proposed amendments would make the following changes to the County’s zoning ordinance: • Add a definition for “data center” in Article II (Definitions and Use Types); • Amend the definitions of “multiple dog permit” and “commercial kennel” in Article II (Definitions and Use Types); Page 2 of 7 • Amend the definition of “industry, type I” in Article II (Definitions and Use Types); • Add “single family dwelling, attached (cluster subdivision option)” and “single family dwelling, detached (cluster subdivision ordinance)” as permitted uses in the AR (Agricultural/Residential) District in Article III (District Regulations); • Amend the use and design standards for “home occupations, type I and type II” in Article IV (Use and Design Standards); • Amend the use and design standards for “single family dwelling, attached (cluster subdivision option)” and “single family dwelling, detached (cluster subdivision option)” in Article IV (Use and Design Standards); and • Amend the accessory uses for industrial use types in Article IV (Use and Design Standards); and WHEREAS, on June 6, 2023, after proper notice, the Roanoke County Planning Commission held a public hearing on the proposed amendments to the Zoning Ordinance and recommended said amendments to the Board of Supervisors for adoption; and WHEREAS, public necessity, convenience, general welfare, and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and WHEREAS, the first reading of this ordinance was held on June 13, 2023, and the second reading and public hearing were held on June 27, 2023. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke as follows: Page 3 of 7 1. The Roanoke County Zoning Ordinance is hereby amended to read and provide as follows: ARTICLE II – DEFINITIONS AND USE TYPES SEC. 30-28. DEFINITIONS. Data Center: A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center. SEC. 30-29. USE TYPES; GENERALLY. Sec. 30-29-2. Residential Use Types. Multiple dog permit: The keeping, breeding, raising, showing or training of four (4) or more dogs over four (4) months of age for personal enjoyment of the owner or occupants of the property. and for which commercial gain is not the primary objective. Sec. 30-29-5. Commercial Use Types. Kennel, commercial: The boarding, breeding, raising, grooming or training of two (2) or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain. Sec. 30-29-6. Industrial Use Types. Industry, Type I: Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Included would be the assembly of electrical appliances, electrical components, components used for energy, biotechnology or automotive uses, data centers, bottling and printing plants, and the manufacturing of paint, oils, pharmaceuticals, cosmetics, bakery goods, dairy products, perfumes, fruit, vegetable, food and tobacco products, solvents and other chemical production of items made of stone, glass, metal or concrete. This definition includes the further processing of meat products and the manufacturing, compounding, processing, packing or treatment of articles (of sizes less than four hundred (400) cubic feet) of merchandise of raw, secondary or partially completed materials. Page 4 of 7 ARTICLE III – DISTRICT REGULATIONS SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT. Sec. 30-34-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 2. Residential Uses Single Family Dwelling, Attached (Cluster Subdivision Option) * Single Family Dwelling, Detached (Cluster Subdivision Option) * ARTICLE IV – USE AND DESIGN STANDARDS SEC. 30-82. RESIDENTIAL USES. Sec. 30-82-3. Home Occupations, Type I and Type II. (B) General Standards: 11. Pet breeding may be allowed as a home occupation. It shall be limited to the selling of no more than twenty (20) dogs, cats or other household pets per year. The animals shall be owned by the permanent residents of the dwelling. Any animals associated with this permitted home occupation must be housed indoors. 12. All home occupations shall be required to obtain a Roanoke County Business License from the Commissioner of the Revenue. Sec. 30-82-13.1. Single Family Dwelling, Attached and Detached (Cluster Subdivision Option). (B) Applicability. 1. Cluster subdivisions proposed in accordance with the standards contained herein shall be a permitted use by-right in AR, R-1, R-2, R-3 and R-4 zoning districts, except that cluster subdivisions shall not be permitted within planned residential subdivisions as defined in section 30-28 of the county zoning ordinance. Page 5 of 7 (C) General standards. 1. Minimum tract size of the cluster subdivision: Ten (10) Five (5) acres. 4. Allowable density and minimum public street frontage requirements shall be based on the amount of minimum open space provided as outlined in the table below. : Five and one-half (5.5) dwelling units per acre. Open Space gross acreage of gross acreage of gross acreage of gross acreage of gross acreage of Public Street (D) Minimum lLot, andsetback and frontage requirements. 1. There shall be no minimum lot area or setback requirements, however, the normal front, rear, and or side yard setback requirements must be maintained adjacent to any lot, or portion thereof, or existing public street right of way not within the proposed cluster development. 2. Minimum public street frontage: Forty-eight (48) feet Lots shall front on a publicly owned and maintained street except as modified by section 30- 82-13.1(F). (E) Open space and conservation area requirements. 1. Minimum open space: Forty-five (45) Twenty-five (25) percent of the gross acreage of the tract. If the gross acreage of the tract is comprised of conservation areas equaling or exceeding fifty (50) percent, no more than fifty (50) percent of the open space and conservation areas shall be required to be conserved. 4. A sidewalk, greenway, or trail shall may be provided to and through the provided open space or conservation areas except for the following areas: Page 6 of 7 a. Environmentally sensitive areas that may include locations of species listed as endangered, threatened or of special concern; historic structures and sites; delineated wetlands or riparian zones outside the FEMA study area; b. Unsafe areas including but not limited to sink holes, cliffs and areas prone to rock slides; and c. Other areas if approved by the zoning administrator. The location of any such trail shall be clearly marked, and the trail shall be constructed of a surface material that is appropriate to the terrain, and distinguishable to the user. 6. If required open space is located within a mapped greenway corridor, as depicted on the Greenway Conceptual Plan, as amended, at the time of submittal of the preliminary plat, then a greenway easement shall be dedicated to the County or their designated agent. The Zoning Administrator, in consultation with the Roanoke Valley Greenway Commission, shall determine the exact location and dimensions of the easement to be dedicated. 76. Historic structures or sites may be included in open space or conservation areas. A plan shall be submitted detailing how the historic structure or site will be preserved and maintained in perpetuity. 87. No building, building addition, structure, stormwater management area, street, driveway, parking area or any other type of physical land improvement shall be located within a required conservation area. Notwithstanding the above, gazebos, benches, or other sitting areas and trails may be developed in, and historic structures may be located within, conservation areas. 98. During the site review process, the Zoning Administrator shall consider the appropriateness of open space and conservation area configuration in terms of such factors as location, size, shape and topographic characteristics. SEC. 30-88. ACCESSORY USES AND STRUCTURES. Sec. 30-88-6. Accessory Uses: Industrial Use Types. (A) Industrial use types may include the following accessory uses, activities or structures on the same site or lot: Page 7 of 7 5. Incidental retail sale of goods associated with the industrial use type, provided the square footage does not exceed ten (10) percent of the gross floor area. or three thousand (3,000) square feet, whichever is less. 7. Other uses and activities necessarily and customarily associated with purpose and function of industrial use types, as determined by the administrator. 87. Construction office or trailer associated with active construction on a site. A construction office or trailer shall be removed from an active construction site within 30 days of issuance of the final certificate of occupancy for the project. 98. Micro wind energy systems that project no more than fifteen (15) feet above the highest point on the structure and complies with the height requirement of the zoning district. 9. Additional accessory uses not listed above in a building with a permitted principal use and occupying not more than twenty (20) percent total of the floor area of such building. 2. That this ordinance shall be in full force and effect from and after its adoption. Page 1 of 2 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2023 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Open district appointments BACKGROUND: 1. Roanoke County Board of Zoning Appeals: Robert Arthur’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): Steve Musselwhite’s four-year term on the EDA expired on September 26, 2021 and he does not wish to be reappointed. 3. Roanoke County Library Board (appointed by District): The following District appointments remain open: Vinton Magisterial District Windsor Hills Magisterial District Page 2 of 2 4. Roanoke County Parks, Recreation and Tourism Advisory Commission (appointed by District): The following appointments remain open: Mike Roop’s three (3) year term representing the Vinton Magisterial 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 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 13, 2023 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 June 13, 2023, 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 4 inclusive, as follows: 1. Approval of minutes – March 14, 2023 2. Ordinance authorizing the execution of a Memorandum of Understanding with Blue Ridge Behavioral Healthcare and other local government entities governing the MARCUS Alert Program for the Roanoke Valley 3. Ordinance authorizing an Agreement with the City of Roanoke to authorize the City of Roanoke to act as the Erosion and Sediment Control Authority and Stormwater Management Program Authority for the Glade Creek Stream Restoration Project 4. Resolution requesting the Commonwealth Transportation Board name the Diuguids Lane (Route 639) bridge over the Roanoke River as the "USN AWS1 James P. Buriak Memorial Bridge", to erect signage and to designate funds in the amount of $2,500 from Board Contingency, Catawba Magisterial District Page 1 of 2 ACTION NO. ITEM NO. G.2 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2023 AGENDA ITEM: Ordinance authorizing the execution of a Memorandum of Understanding with Blue Ridge Behavioral Healthcare and other local government entities governing the MARCUS Alert Program for the Roanoke Valley SUBMITTED BY: Michael Poindexter Chief of Police APPROVED BY: Richard L. Caywood County Administrator ISSUE: Request to enter into a memorandum of understanding with Blue Ridge Behavioral Healthcare for Roanoke County to participate in the MARCUS Alert Program beginning July 1, 2023. BACKGROUND: In 2020, the General Assembly established Code f or a collaborative relationship between parties for a system of uniform communications and operations of the MARCUS Alert Program while also ensuring that individuals experiencing behavioral health crisis are served by the behavioral health comprehensive c risis service system when feasible. DISCUSSION: RCPD has actively participated with the development of the memorandum of understanding and fully plans to participate in the protocols defined in the memorandum. FISCAL IMPACT: None. Page 2 of 2 STAFF RECOMMENDATION: Staff recommends approval of the first reading and scheduling the second reading for June 27, 2023. Page 1 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 13, 2023 ORDINANCE AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH BLUE RIDGE BEHAVIORAL HEALTHCARE AND OTHER LOCAL GOVERNMENT ENTITIES GOVERNING THE MARCUS ALERT PROGRAM FOR THE ROANOKE VALLEY WHEREAS, in 2020, the General Assembly established statutory requirements for a collaborative system known as the “Marcus Alert” to guide the response of law enforcement officers and other public safety employees when responding to calls for service involving individuals experiencing behavioral health crises; and WHEREAS, local law enforcement agencies and E911 centers in Botetourt County, Craig County, City of Salem, City of Roanoke, Town of Vinton, and Roanoke County have collaborated with Blue Ridge Behavioral Health care, the local community services board, to establish protocols and procedures for responding to calls for service for individuals experiencing a behavioral health crisis; and WHEREAS, such collaboration is memorialized in a Memorandum of Understanding signed by authorized representatives of all localities and agencies; and WHEREAS, this collaboration among law enforcement, E911, and Blue Ridge Behavioral Healthcare is designed to improve the health, welfare and safety of citizens; and WHEREAS, Section 15.2-1300 of the Code of Virginia, 1950, as amended, requires that inter-governmental agreements involving joint exercise of powers, privileges or authority be accomplished by ordinance; the first reading of this ordinance was held on June 13, 2023, and the second reading was held on June 27, 2023. Page 2 of 2 NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of Roanoke County, Virginia, that 1. The Memorandum of Understanding among Roanoke County, the Sheriff of Craig County, the Sheriff of Botetourt County, the Town of Vinton, City of Salem, City of Roanoke, and Blue Ridge Behavioral Healthcare, and City of Salem for the Marcus Alert Program be approved. 2. That the County Administrator, Deputy County Administrator or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the execution of this Agreement, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. MARCUS Alert Program MOU Page 1 of 13 MEMORANDUM OF UNDERSTANDING GOVERNING THE MARCUS ALERT PROGRAM FOR THE ROANOKE VALLEY, VIRGINIA – CITY OF ROANOKE, CITY OF SALEM, COUNTY OF CRAIG, COUNTY OF ROANOKE, COUNTY OF BOTETOURT, TOWN OF VINTON, VIRGINIA, SERVICE AREA FOR BLUE RIDGE BEHAVIORAL HEALTHCARE This Memorandum of Understanding Governing the MARCUS Alert Program for the Roanoke Valley, Virginia – City of Roanoke, City of Salem, County of Craig, County of Roanoke, County of Botetourt, Town of Vinton, Virginia, which is the Service Area for Blue Ridge Behavioral Healthcare (“Agreement”), is made effective on the ____ day of ________________, 2023 (“Effective Date”), by and between Blue Ridge Behavioral Healthcare (“BRBH”), New River Valley Community Services (“NRVCS”), Frontier Health (“FH”), Matthew T. Ward, in his official capacity as Sheriff of Botetourt County (“BCSO”), Botetourt County (“Botetourt”), Roanoke County (“County”), J. Eric Orange, in his official capacity as Sheriff of Roanoke County (“RCSO”), Roanoke City (“City”), Antonio D. Hash, in his official capacity as Sheriff of Roanoke City (“RSO”), April M. Staton, in her official capacity as Sheriff of Salem City (“SSO”), and Trevor Craddock, in his official capacity as Sheriff of Craig County (“CCSO”) (collectively, “the Parties”). This Agreement must be in effect before any Party may participate in the MARCUS Alert Program also known as the Mental Health Awareness Response and Community Understanding Services Program (hereinafter the “MARCUS Alert Program”). TERMS 1. TERM OF AGREEMENT This Agreement shall be effective as of the “Effective Date” noted above and shall remain in effect through June 30, 2024. Thereafter, this Agreement shall automatically renew for additional one (1) year periods (July 1 – June 30) until any party to this Agreement terminates it as set forth herein. 2. PURPOSE OF AGREEMENT 2.1. The Parties enter into this Agreement for the following purposes: 2.1.1. To outline a plan for collaborative relationship between the Parties for a system of uniform communications and operation of the MARCUS Alert Program in compliance with Virginia Code §§ 9.1-193 and 37.2-311.1 which includes ensuring that individuals experiencing behavioral health crises are served by the behavioral health comprehensive crisis service system when feasible as well as reducing the likelihood of physical confrontation; 2.1.2. To establish procedures and responsibilities of the Parties in deploying and operating a MARCUS Alert Program to assist persons experiencing behavioral MARCUS Alert Program MOU Page 2 of 13 health crisis in the CITY OF ROANOKE, CITY OF SALEM, COUNTY OF CRAIG, COUNTY OF ROANOKE, COUNTY OF BOTETOURT, and the TOWN OF VINTON, VIRGINIA (hereinafter, the “Service Area”); and 2.1.3. To establish a uniform system within the Service Area for prioritization and response to behavioral health crisis incidents. 2.2. This Agreement shall not create a legal entity, create rights in third persons; nor create any contractual obligations between Parties. 3. COMPONENTS OF AGREEMENT 3.1. This Agreement shall consist of: This document, “Memorandum of Understanding”; Attachment A, “MARCUS Alert Program Protocol”; Attachment B, “PSAP Triage Protocol”; and Attachment C, “4 Level Triage Response Protocol.” 3.2. Each of the Attachments identified above is hereby incorporated by reference as if fully set forth herein. 4. DEFINITIONS The following definitions shall apply in this Agreement, including all Attachments. Community Care Team means a team of mental health service providers, and may include registered peer recovery specialists and law-enforcement officers as a team, with the mental health service providers leading such team, to help stabilize individuals in crisis situations. Law enforcement may provide backup support as needed to a community care team in accordance with the protocols and best practices developed pursuant to § 9.1-193. In addition to serving as a co- response unit, community care teams may, at the discretion of the employing locality, engage in community mental health awareness and services. Consumer means a person to whom services pursuant to this Agreement have been directed. MARCUS Alert and Crisis Intervention Team (CIT) Coordinator means the person appointed by BRBH to serve as the coordinator of the Co-Response and the Crisis Intervention Team (CIT) programs. LE Officer means each law enforcement officer who will be responding with BRBH Clinical Staff for purposes of the MARCUS Alert Program. Co-Response Team means the LE Officer and BRBH Clinical staff assigned to respond to a specific call for service pursuant to this Agreement. MARCUS Alert Program MOU Page 3 of 13 FH Call Center means the crisis call center operated by Frontier Health pursuant to their contract with Planning District 1 (PD1) Community Services Board. The call center will receive transfer calls for MARCUS Alert Level one and two triage levels from service area PSAPs BRBH Access to Care Division Director means the person appointed by BRBH to serve as the Director of the BRBH Access to Care Division. Law Enforcement (LE) Agency means the law enforcement agency that employs the LE Officers who are responding to a call for which this MOU governs. Law Enforcement Partners means the locality or sheriff that is a a party to this Agreement. Law enforcement support means law enforcement officers or officers dispatched to provide law enforcement support to a Co-Response Team and/or Mobile Crisis Team. Mobile crisis hub means the regional single point of coordination of communication and dispatch of mobile crisis teams operated by NRVCS and funded by STEP-VA. Mobile crisis team means a team of one or more qualified or licensed mental health professionals that are dispatched by the Mobile Crisis hub to deliver services to individuals wherever they are located within the service area. A law-enforcement officer shall not be a member of a mobile crisis team, but law enforcement officers may provide back-up support as needed to a mobile crisis team. Public safety answering point or PSAP means a call center where calls to 9-1-1 are answered and appropriate response services dispatched. PSAP Partners means the City of Roanoke PSAP, City of Salem PSAP, Roanoke County PSAP, Craig County PSAP and Botetourt County PSAP. 5. PERSONNEL AND SUPERVISION 5.1. General. 5.1.1. The intention of the Parties is to comply with the Marcus-David Peters Act (MARCUS Alert law). Services will be provided as staffing allows and the program progresses. The daily schedule for the Co-Response team will be set by the following positions or their designees: MARCUS Alert and CIT Coordinator, BRBH Access to Care Division Director, and the LE Agency Sheriff, Chief of Police, or all, as applicable. 5.1.2. Co-Response Teams should be available to provide services across the Service Area during identified program hours. Alternative resources will be made available during off hours. MARCUS Alert Program MOU Page 4 of 13 5.1.3. Each Party providing personnel in support of the MARCUS Alert Program agrees to identify to the other Parties the staff member who shall be responsible to serve as the primary point of contact for MARCUS Alert Program collaboration and problem resolution as needed. 5.1.4. In the event MARCUS Alert Program dedicated staff are not available, BRBH or the LE Agency, as applicable, will provide a trained substitute to fulfill the responsibilities of the unavailable staff. In the event a trained substitute is not available, BRBH or the LE Agency, as applicable, will notify the PSAP Partners and implement standard off-hour procedures. 5.1.5. BRBH and the MARCUS Alert/CIT Coordinator may provide recommendations and guidance to the LE Agency while the LE Officer(s) are actively responding to a crisis situation and at the time of performance reviews. 5.2. Law Enforcement. 5.2.1. The respective LE Agency shall be responsible for supervision of the Law Enforcement Officer(s) that it employs. 5.2.2. Each participating jurisdiction of protocol 3 will provide law enforcement officers for the MARCUS Alert Program when available. 5.3. BRBH. 5.3.1. BRBH will provide licensed clinical staff to supervise the MARCUS Alert Program’s overall operations and clinical staff. 5.3.2. BRBH will assign licensed (or license-eligible) clinicians to the MARCUS Alert Program. 5.3.3. Additional trained BRBH clinicians will be available through telehealth access and/or phone consultation if the primary team is dispatched on another call, or if response/consultation is needed outside of standard operating hours. 5.4. Planning District 1 (“PD1”) and Frontier Health. 5.4.1. PD1 will provide for operation of a crisis call center by contract or otherwise for operation of National Suicide Prevention Lines, Regional Crisis Call Lines and 9-8- 8 calls and coordination of dispatch of Mobile Crisis Teams. 5.4.2. FH Call Center will contact the Mobile Crisis Hub who will then dispatch Mobile Crisis Teams for situations that do not require a law enforcement co-response, MARCUS Alert Program MOU Page 5 of 13 including additional HCS Mobile Crisis Teams under agreement with the Regional Hub. Such dispatch will occur through the Regional Mobile Crisis Hub at NRVCS. 5.5. Personnel responsibilities of the Parties to this Agreement. 5.5.1. With the exception of Roanoke City, Roanoke City Sheriff’s Office, Roanoke County, Roanoke County Sheriff’s Office and BRBH, this Agreement does not require or prevent any Party to this Agreement from dedicating staff specifically to the MARCUS Alert Program. 5.5.2. Except as specifically stated otherwise in this Agreement, each Party to this Agreement is solely responsible for the hiring, evaluation, competency, and overall compliance of its respective staff and supervisors who provide services pursuant to this Agreement. 6. OFFICE SPACE, TRANSPORTATION, EQUIPMENT AND SUPPLIES 6.1. BRBH Clinical Staff. 6.1.1. BRBH will fund for all MARCUS Alert Program clinical staff office space and related supplies, including cell phones, laptops, and additional mobile communication and documentation resources (i.e. GPS-enabled iPads). 6.1.2. BRBH will fund the purchase of ballistic vests for all MARCUS Alert Program clinical staff responding as part of the Co-Response Team, and the Law Enforcement Partners will provide procurement assistance with such purchases. 6.1.3. The LE Agency will provide training for MARCUS Alert Program clinical staff on how to use the radio communications equipment contained in the law enforcement motor vehicles. 6.1.4. The LE Agency will assign portable radios, if available, for use by the MARCUS Alert Program clinical staff for MARCUS Alert Program service and will provide training for use of such radios. MARCUS Alert Program clinical staff’s use of the portable radios will be limited to circumstances of immediate emergency. 6.1.5. PSAP Partners will assign a unique radio identifier to each of the BRBH Clinical Staff assigned to the Co-Response Team to aid in Co-Response Team communications. 6.2. Law Enforcement. 6.2.1. Va. Code § 9.1-193(D) encourages law enforcement to consider the impact on persons in crisis that results from the presence of an officer in uniform or a MARCUS Alert Program MOU Page 6 of 13 marked vehicle at a response and mandates mitigation of such impact “when feasible” through the use of plain clothes and unmarked vehicles. 6.2.2. The LE Agency will determine appropriate uniforms for its LE Officers and whether the LE Officers will be assigned marked or unmarked vehicles, taking into consideration the mandate noted above. 6.2.3. BRBH will reimburse the LE Agency the expense of purchasing soft uniforms for the LE Officers, if such uniforms are purchased for purposes of services to be provided pursuant to this Agreement. 6.2.4. The LE Agency for each of the LE Officers will fund provision of a motor vehicle, all required equipment, training and (re)certification expenses associated with their duties with the MARCUS Alert Program. 6.3. PSAP Partners and Frontier Health are each responsible to fund and provide the office space, equipment, transportation, and supplies needed to perform their required functions. 7. CONFIDENTIALITY AND SHARING OF INFORMATION 7.1. All personnel assigned to the MARCUS Alert Program shall comply with all applicable federal, state, and local laws, rules, and regulations in the performance of this agreement. Any information shared by BRBH will be in compliance with Health Insurance Portability and Accountability Act (HIPAA) and Title 42 of the Code of Federal Regulations (42 C.F.R. §§ 2.1-2556 ), including information that may be shared during emergency situations in accordance with 45 C.F.R. § 164.512, as amended. 7.2. Specifically, the mental health history of a Consumer is will be accessed only by BRBH clinical staff and is made available to law enforcement only as needed during critical incidents. 7.3. BRBH clinical staff may disclose protected mental health information to other specialized units with designated law enforcement partners identified herein in the following circumstances: 7.3.1. In response to a court order or court-ordered warrant, or a subpoena or summons issued by a judicial officer8.3.2. If BRBH clinical staff believes that the Consumer presents a serious and imminent danger of violence to themselves or another person. 7.4. BRBH clinical staff will not disclose or disseminate any confidential criminal justice information to unauthorized individuals, includes, but is not limited to: MARCUS Alert Program MOU Page 7 of 13 7.4.1. Information from the Virginia Criminal Information Network (VCIN), National Crime Information Center (NCIC) or the Report Management System (RMS) and 7.4.2. Information in reference to active investigations, or that may reveal investigative techniques learned as a result of their duty assigned to the MARCUS Alert Program. 8. CALL AND RESPONSE PROTOCOL All parties will conform to the protocol established by the Attachments. 9. TRAINING The following training requirements shall apply when the statewide curriculum for such programs is finalized. 9.1. Training of MARCUS Alert Program personnel shall be aligned with requirements of both the DBHDS and Virginia Department of Criminal Justice Services (DCJS). 9.2. The LE Officers will receive forty (40) hour basic Crisis Intervention Team (CIT), Advanced MARCUS Alert Program Training and any additional training identified for law enforcement by DCJS, as available and as staffing allows. 9.3. PSAP dispatchers will be prioritized for a dispatcher-specific version of CIT training and will complete training on behavioral health screenings and protocol. 9.4. FH Call Center staff will complete all DBHDS required trainings regarding warmline operations, call triage, and data platform requirements. 9.5. NRVCS (Mobile Crisis Hub and REACH) providers and BRBH clinical staff will complete DBHDS required mobile crisis trainings. 9.6. It is also the preference of BRBH and recommendation of the local stakeholders that BRBH Co-Response Team clinical staff receive an abbreviated police operations training through the law enforcement agency. 9.7. Basic information regarding Mobile Crisis Teams, Co-Response overview, and MARCUS Alert will be provided to all law enforcement and PSAP partners via Basic Academy protocol or through scheduled trainings and roll calls to ensure all officers have a basic comprehension of responses and operations. MARCUS Alert Program MOU Page 8 of 13 10. DATA AND REPORTING Each Party to this Agreement will make best efforts to comply with the following: 10.1. Quarterly and annual data reporting obligations and program outcomes as such are established by state, regional, and local levels for the MARCUS Alert Program. 11. ANNUAL PROGRAM EVALUATION 11.1. The DBHDS and the DCJS will identify required data elements and formatting that will be configured into evaluation standards for PSAP, FH Call Center, Mobile Crisis Team, Co- Response Teams, and law enforcement agencies. 11.2. The Mobile Crisis Hub for the region will be responsible for monitoring the standards and outcomes data for any local mobile crisis contract providers established within the region per individual agreements indicating those term requirements. 11.3. The Mobile Crisis Hub and the FH Call Center are each responsible for data and outcomes provision to DBHDS. 11.4. PSAPs, law enforcement agency parties, the FH Call Center, and the Co-Response Teams are responsible to report, using best available data, the data and outcomes for the parties to this agreement to DBHDS and DCJS as part of the annual MARCUS Alert Program statutory obligations, and also to the local stakeholder groups for situational reviews. Quarterly and annual data and outcomes reviews related to individual community values and goals established during stakeholder workgroups shall also be compiled and available for review. 12. REVISIONS AND TERMINATIONS 12.1. The terms of this Agreement may be amended only upon written agreement signed on behalf of all Parties by their duly authorized representative. 12.2. Amendments become effective upon the date such written amendment agreement has been signed on behalf of all parties or as otherwise specified in such written amendment agreement. 12.3. Any Party may terminate this Agreement upon ninety (90) days advance written notice to the other Parties. 13. INSURANCE 13.1. Each party shall maintain the following insurances or self-insurance, where appropriate: 13.1.1. Workers Compensation coverage as required by law. MARCUS Alert Program MOU Page 9 of 13 13.1.2. Comprehensive general liability insurance covering each Party, its subcontractors, agents, and any person providing services hereunder in such minimum amounts as are acceptable to each Party. 13.1.3. Professional liability insurance, on a per occurrence basis or its equivalent in amounts as are acceptable to each Party. 13.2. Insurance coverage may be obtained from commercial insurance carriers deemed acceptable by the Parties or it may be deemed satisfied by the showing of other financial responsibility satisfactory to the Parties including: 1) Evidence or statutory limitation on financial liability applicable to the Parties, their employees, and agents; or 2) Evidence of establishment of actuarially sound self-insurance programs. 14. LIABILITY Each Party remains liable solely for the acts and omissions of its officers, employees, agents and representatives and shall also be responsible for any compensation or benefits owed or accruing solely to its officers, employees, agents or representatives. 15. NO WAIVER OF IMMUNITY No Party waives or relinquishes any immunity or defense on behalf of itself, trustees, officers, employees (paid or volunteer), and agents as a result of the execution of this Agreement or as a result of the performance of the functions or obligations described herein. 16. AUTHORIZATION OF AGREEMENT Each Party represents to the other Parties that the execution of the Agreement has been duly authorized and that this Agreement constitutes a valid and enforceable obligation of each Party according to its terms. 17. NO WAIVER No Waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision. No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach. 18. FUNDING Reimbursement for services, functions, or personnel identified herein is contingent upon available funding. In the absence of available funding, no party is liable for incurred expenses for continued operation of the program, if so chosen. MARCUS Alert Program MOU Page 10 of 13 19. EFFECTIVE DATE This Agreement shall not become effective unless and until executed by duly authorized representatives of all identified Parties, and once so signed, it shall be effective as of the date first noted above. 20. ENTIRE AGREEMENT This instrument contains the entire Agreement between the Parties relating to the rights granted and the obligations assumed. Any oral representations or modifications concerning this Agreement are of no force or effect unless in writing and signed by the Parties. 21. COUNTERPARTS AND ELECTRONIC SIGNATURE This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Facsimile signatures or signed copies sent by portable document format (PDF) shall be deemed originals. [Signatures continue on following page.] MARCUS Alert Program MOU Page 11 of 13 IN WITNESS WHEREOF, this instrument has been executed by duly authorized representatives of the Parties as indicated by signatures below. Blue Ridge Behavioral Healthcare New River Valley Community Services Signature: ____________________________ Signature: ____________________________ By: __________________________________ By: __________________________________ Title: Executive Director Title: ________________________________ Planning District I Behavioral Health Services Frontier Health (Crisis Call Center) Signature: ____________________________ Signature: ____________________________ By: __________________________________ By: __________________________________ Title: _________________________________ Title: ________________________________ [remainder of page intentionally blank] MARCUS Alert Program MOU Page 12 of 13 City of Roanoke Approved as to Form Signature: ____________________________ Signature: ____________________________ By: Robert S. Crowell, Jr. By: __________________________________ Title: City Manager Title: City Attorney Sheriff, City of Roanoke, in his official capacity Signature: ____________________________ By: Antonio D. Hash Title: Sheriff County of Roanoke Approved as to Form Signature: ____________________________ Signature: ____________________________ By: Richard L. Caywood, P.E. By: __________________________________ Title: County Administrator Title: County Attorney Sheriff, County of Roanoke, in his official capacity Signature: ____________________________ By: J. Eric Orange Title: Sheriff Town of Vinton Approved as to Form Signature: ____________________________ Signature: ____________________________ By: Richard Peters By: __________________________________ Title: Town Manager Title: County Attorney MARCUS Alert Program MOU Page 13 of 13 City of Salem Approved as to Form Signature: ____________________________ Signature: ____________________________ By: James E. Taliaferro, II By: __________________________________ Title: City Manager Title: County Attorney Sheriff, City of Salem, in her official capacity Signature: ____________________________ By: April M. Staton Title: Sheriff County of Botetourt Approved as to Form Signature: ____________________________ Signature: ____________________________ By: Gary Larrowe By: __________________________________ Title: County Administrator Title: County Attorney Sheriff, County of Botetourt, in his official capacity Signature: ____________________________ By: Matthew T. Ward Title: Sheriff County of Craig Approved as to Form Signature: ____________________________ Signature: ____________________________ By: Robert R. “Dan” Collins By: __________________________________ Title: County Administrator Title: County Attorney Sheriff, County of Craig, in his official capacity Signature: ____________________________ By: Trevor Craddock Title: Sheriff ATTACHMENT A: MARCUS Alert Program Protocol Page 1 of 5 MEMORANDUM OF UNDERSTANDING GOVERNING THE MARCUS ALERT CO-RESPONSE PROGRAM FOR THE ROANOKE VALLEY, VIRGINIA – CITY OF ROANOKE. CITY OF SALEM, COUNTY OF CRAIG, COUNTY OF ROANOKE, COUNTY OF BOTETOURT, TOWN OF VINTON, VIRGINIA SERVICE AREA FOR BLUE RIDGE BEHAVIORAL HEALTHCARE ATTACHMENT A: MARCUS Alert Program Protocol PURPOSE The purpose of this protocol is to establish uniform operations for response by all involved Parties to a crisis call managed pursuant to the Agreement. Only situations that require consumer crisis triage should be filtered through the protocol outlined herein for the following: 1. Communications 2. Dispatching of teams 3. Law Enforcement 4. Clinical Staff Mobile Crisis Teams and Co-Response Teams will be dispatched in accordance with the triage protocol described in Attachments B and C. Administrative processing of crisis-related communications should be performed through New River Valley Community Services (NRVCS), Blue Ridge Behavioral Healthcare (BRBH), or Frontier Health (FH) using the emergency contact number identified for the applicable entity. 1. COMMUNICATIONS 1.1. Calls triaged by PSAP or FH Call Center as Level One and Two will be transferred to or kept by the FH Call Center to establish response dispositions. 1.2. Calls triaged as Level Three and Four will be transferred to or kept by the PSAP to establish response dispositions. 2. DISPATCHING OF TEAMS 2.1. Dispatch of Mobile Crisis Teams – Triage Level 2 2.1.1. Parties may call the FH Call Center directly or through the PSAP. FH Call Center will manage calls as prescribed by the triage levels described in Attachments B and C. ATTACHMENT A: MARCUS Alert Program Protocol Page 2 of 5 2.1.2. For Triage Level Two incidents, the FH Call Center will request dispatch of a Mobile Crisis Team based upon the guidelines established in the Memorandum of Understanding between the Mobile Crisis Hub and locally contracted providers, including BRBH. 2.1.3. If the FH Call Center determines a Mobile Crisis Team should be dispatched, the FH Call Center will notify the Mobile Crisis Hub (or designee) by telephone. 2.1.4. Upon dispatching a Mobile Crisis Team, the Mobile Crisis Hub will notify the FH Call Center of such. The Mobile Crisis Hub will notify the respective PSAP that a Mobile Crisis Team has been dispatched. PSAPs will share any relevant safety warnings and/or restrictions or voluntary registration information accessible within the PSAP system. 2.1.5. The PSAP will track the Mobile Crisis Team according to its standard protocol. It will be the responsibility of the Mobile Crisis Team to notify the FH Call Center and the respective PSAP when their assignment is completed and advise disposition. The PSAP does not need to track data in this instance. 2.1.6. The Mobile Crisis Hub will routinely notify appropriate PSAP of all FH Call Center- dispatched Mobile Crisis Teams for location and estimated time of arrival (ETA). 2.1.7. If a Mobile Crisis Team is on scene and requires law enforcement support, the Mobile Crisis Team will withdraw to a safe location if necessary and call 911. PSAP will dispatch law enforcement support to respond per department policy. 2.1.8. During the response, if either the FH Call Center or PSAP become aware of a change in circumstance requiring law enforcement support, the entities will communicate such between them. The call will be re-classified as necessary. The FH Call Center will notify the Mobile Crisis Team, which will stage until scene is secured. 2.2. Dispatch of Co-Responder Team – Triage Levels 3 and 4 2.2.1. For Triage Levels 3 and 4, PSAP Partners will request dispatch of a Co-Response Team, as appropriate. 2.2.2. PSAP Partners will contact the Co-Response Teams per department protocol. Each department’s PSAP will serve as the primary PSAP for dispatching of Co-Response Teams within their jurisdiction. 2.2.3. In addition to responding to requests from the PSAP Partners, the Co-Response Team will respond to requests from field units or an incident commander on scene when assistance is needed in handling a person experiencing a behavioral health crisis if a Co-Response Team is available. Such calls can be routed through the ATTACHMENT A: MARCUS Alert Program Protocol Page 3 of 5 appropriate PSAP. In some Level Four situations where the Co-Response Team is requested, services provided may include (i) minimal intervention with consumers experiencing the behavioral health crisis until the scene is de-escalated to a Level Three scenario, (ii) consultation with law enforcement providing on-scene interventions, or (iii) provision of known history of the individual to ensure safety and a treatment-before-tragedy approach for all involved. 2.2.4. PSAP Partners also can contact the Co-Response Teams directly for incidents originally triaged as Level One or Two for which PSAP receives notice from the Mobile Crisis Unit or law enforcement of escalation to a Level Three or Four incident. 2.3. Dispatch of Law Enforcement Support 2.3.1. At any point, should a Mobile Crisis Team or Co-Response Team encounter the need for law enforcement support while in the field, they should do so by directly contacting PSAP for assistance to be dispatched. Calls for assistance can be by phone or radio. 2.3.2. Whenever possible the PSAP will dispatch a CIT-trained officer as part of the law enforcement support. Law enforcement support will serve to provide additional protection for all parties involved. 2.3.3. The Co-Response Clinician will complete any paperwork necessary for Co-Response Program Data Collection purposes. Any additional reporting/documentation by officers serving in a law enforcement capacity will follow their respective department protocols as well as any Co-Response Program data collection requirements as required by the state. 3. LAW ENFORCEMENT 3.1 Each jurisdiction provides law enforcement officers for the co-response team. 3.2. If a Consumer in crisis agrees to a voluntary assessment, the LE Officer, in consultation with the BRBH clinical staff, may provide transport to the Crisis Intervention Team Assessment Center or hospital, when available. 3.3. The LE Officer may provide transportation for BRBH clinical staff to and from the location to which the Co-Response Team is dispatched for response to a mental health crisis event, or the BRBH clinical staff may transport themselves to an agreed upon meeting place to respond with the LE Officer. ATTACHMENT A: MARCUS Alert Program Protocol Page 4 of 5 3.4. Safety 3.4.1. In accordance with established law enforcement standards and procedures, the LE Officer and any law enforcement support officers will make best efforts to provide a safe environment for person(s) involved in a response pursuant to this Agreement. The law enforcement support officers in consultation with the LE Officer will serve as the lead in: • Reviewing of the on-site location for potential hazards, • Consumer negotiations, • Assist with on-site safety, and • Establishment of and sharing the safety plan for BRBH personnel. 3.4.2. If either the Co-Response Team or law enforcement support determines that the incident is an incident that poses a grave danger to personal safety, law enforcement support will secure the site before initiation of services by the Co-Response Team. In the event that this would occur, the responding law enforcement officer(s) may respond separately from any clinician on the team due to the active safety threat at the scene. 3.5. Arrests and Criminal Charges 3.5.1. Law enforcement support, may consult with the Co-Response Team to determine whether circumstances warrant arrest and criminal charges in lieu of behavioral health services. 4. CLINICAL STAFF 4.1. Provision of Behavioral Health Services. The designated Co-Response Team will provide initial triage and establish the plan for appropriate follow-up for the Consumer. 4.2. Co-Response Program services to be provided by BRBH Clinical Staff will include assessment, crisis intervention, de-escalation, needs and resource identification, referral and support to Consumers and families, as well as support and consultation with law enforcement. 4.3. Safety 4.3.1. BRBH Clinical Staff will follow directions given by the LE Officer and law enforcement support officers in any matter related to safety and securing the site including, but not limited to: • Wearing protective gear, • Vacating the site, • Ceasing Consumer interaction, • Following all instructions by LE Officer and Law Enforcement Support officers, and ATTACHMENT A: MARCUS Alert Program Protocol Page 5 of 5 • Discontinuation of Co-Response Program incident response. 4.3.2. While in active Co-Response Program incident response, all participating BRBH staff and the Co-Response Officer shall wear their respective agency- provided ballistic vest and any and all protective gear required by the law enforcement support. 4.4. Arrests and Criminal Charges The BRBH Clinical Staff will defer to the LE Officer and law enforcement support officers when it is determined that criminal charges are necessary in lieu of behavioral health services and shall not interfere with any criminal investigation at the scene. Co-Response Program MOU – Attachment B – PSAP Triage Protocol Page 1 of 2 MEMORANDUM OF UNDERSTANDING GOVERNING THE MARCUS ALERT CO-RESPONSE PROGRAM FOR THE ROANOKE VALLEY, VIRGINIA – CITY OF ROANOKE. CITY OF SALEM, COUNTY OF CRAIG, COUNTY OF ROANOKE, COUNTY OF BOTETOURT, TOWN OF VINTON, VIRGINIA SERVICE AREA FOR BLUE RIDGE BEHAVIORAL HEALTHCARE ATTACHMENT B: PSAP Triage Protocol Administrative processes, such as notifications of ECO issuance, or local partner outreach for emergency consultation/evaluations, will continue to be referred to the local CSB Emergency Services Department (current practice), and not transferred to The Crisis Call Center. (Local partners include medical providers, hospitals, jails, or other CSBs.) Transient symptoms such as interpersonal conflict, anger, distress, frustrations with others, agitat ion, and confusion are common presentations handled by PSAPs and Crisis Call Centers on a routine basis. Those elements will not be primary indicators of how any given call will be triaged, but will instead be noted and considered for final disposition as the PSAP/Call Center seek to determine the underlying issue present and in need of response. TRIAGE LEVEL 1 (INCIDENTS APPROPRIATE FOR CRISIS CALL CENTER PHONE INTERVENTION, IF CALLER AGREES) 9-1-1 to remain on the line until Crisis Call Center transfer confirmed Examples may include (but not limited to): • Individuals experiencing a non-life-threatening mental health crisis. • Individuals who have expressed a desire not to live or has passive desires to harm oneself with no plan/means or opportunity to carry out. Individual is NOT actively attempting suicide or physically violent toward themselves or others. • Individual has no homicidal thoughts, intent, or behavior • Individual may have suicidal thoughts but no plan and/or means • Internal conflicts, expressions of anger, or disturbances with a mental health component and there is no threat, means, or opportunity of violence. • Individuals who are confused, agitated, or expressing anger in general, not necessarily towards someone else. • Parents requesting law enforcement due to a child having non-violent behavioral issues, regardless of whether the child has a known mental health diagnosis. Parents are given option to warm transfer to 988. • Needs for listening, supports, and provision of referrals and information for resources. • Third party calls (known or unknown to the consumer) concerning the welfare of someone present with them who has a potential non-violent mental health history, or who may be suffering a non- violent mental health crisis. Co-Response Program MOU – Attachment B – PSAP Triage Protocol Page 2 of 2 TRIAGE LEVEL 2 (INCIDENTS THAT MAY BE APPROPRIATE FOR A MOBILE CRISIS TEAM RESPONSE, IF CALLER AGREES) 9-1-1 to remain on the line until Crisis Call Center transfer is confirmed Examples may include (but not limited to): • Distressed, angry, agitated individuals with imminent need for in-person behavioral health support. • Calls requesting law enforcement response due to a person experiencing a psychosis or altered mental state and are NOT physically violent towards themselves or others. • No homicidal thoughts, intent, or behavior. • Suicidal thoughts with no intent, plan or means/opportunity to carry out. • Minor self-injurious behavior requiring no immediate medical intervention (an example would be someone not eating or taking their medicines, or lack of self-care). This does not include physical self- injury. • Substance use without aggression requiring no immediate medical intervention • Third party calls (known or unknown to the consumer) concerning the welfare of someone present with them who has a potential non-violent mental health history, or who may be suffering a non- violent mental health crisis. TRIAGE LEVEL 3 (INCIDENTS REQUIRING LAW ENFORCEMENT/EMERGENCY MEDICAL SERVICES RESPONSE AND CO-RESPONSE UNIT WHEN AVAILABLE AND APPROPRIATE.) Examples may include (but not limited to): • Active aggression/combativeness • Active psychosis • Homicidal thoughts with no active behavior or intent or access to means • Active self-injurious behavior with concerns for medical risks (i.e., Self-cutting) • Suicidal thoughts with a specified plan (unknown access to means) • Low level acts of violence that do not pose a risk of injury to s elf or others, i.e. a child throwing objects at someone else, or mild pushing of another • ECO if available and requested by LE TRIAGE LEVEL 4 (LAW ENFORCEMENT/EMERGENCY MEDICAL SERVICES/FIRE RESPONSE ONLY. CONTACT 9-1-1 FOR A CO- RESPONSE UNIT AT THE REQUEST OF AN INCIDENT COMMANDER OR OFFICER ON SCENE) Examples may include (but not limited to): • DIRECT IMMEDIATE THREAT TO LIFE • Active suicide attempt where injuries have already occurred or a situation where suicide is imminent (when intent, plan, and means to commit are present) • Actively assaultive, violent towards others, or themselves, with the ability to cause significant harm. • Homicidal/suicidal threats/intent and a weapon is present or easily accessible • Substance impairment with physical aggression or severe psychiatric instability • ECO WITH IMMEDIATE SECURITY THREAT Page 1 of 2 ACTION NO. ITEM NO. G.3 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2023 AGENDA ITEM: Ordinance authorizing an Agreement with the City of Roanoke to authorize the City of Roanoke to act as the Erosion and Sediment Control Authority and Stormwater Management Program Authority for the Glade Creek Stream Restoration Project SUBMITTED BY: Tarek Moneir Director of Development Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: An ordinance is needed to authorize the execution of an Agreement with the City of Roanoke to authorize the City of Roanoke to act as the Erosion and Sediment Control Authority and the Stormwater Management Program Authority for the City of Roanoke’s project - Glade Creek Stream Restoration, located in the City of Roanoke and in the Town of Vinton. BACKGROUND: The City of Roanoke intends to construct a stream restoration project on Glade Cre ek, which forms the border between the City of Roanoke and the Town of Vinton. This project will address excessive stream erosion that is occurring in this area. This project will extend along Glade Creek, approximately 500 feet upstream of Gus Nicks Boulevard to approximately 1,500 feet downstream of Gus Nicks Boulevard (see attached Exhibit A). This project will require an Erosion and Sediment Control Permit and a Virginia Stormwater Management Program permit for the land disturbance both within the City of Roanoke and the Town of Vinton. The Development Services Department of County of Roanoke is the local permitting program for Erosion and Sediment Control and the Virginia Stormwater Management Program within the Town of Vinton. Page 2 of 2 Construction is anticipated to occur in the winter of 2023. An easement will also be required from Roanoke County for work that is intended to occur on property owned by the County (Former Roanoke County Career Center). A separate board action will be submitted for this easement at a later date, as soon as the appropriate easement documents are received from the City of Roanoke. Action is requested on this Agreement at this time, to allow the City to proceed with permitting activities. DISCUSSION: An Erosion and Sediment Control Permit and a Stormwater Discharge Permit must be obtained prior to engaging in land disturbing activities. It is in the best interest of both localities (City and County), if only one locality permits the work to avoid the need for multiple Erosion and Sediment Control and Virginia Stormwater Management Program permits. Because more than fifty (50) percent of the regulated disturbed land lies within the City of Roanoke, they may act as the sole local permitting authority, if a written agreement is executed by the County of Roanoke. Staff has consulted with Town of Vinton staff, who have confirmed that the Town of Vinton has no objections to the County of Roanoke delegating permit authority for this project to the City of Roanoke. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the attached first reading of this ordinance and schedule June 27, 2023, for the second reading and approval of this ordinance. Gus N i c k s B l v d N e King S t N e WMadison Ave DunkirkAveNe Way n e S t WJacksonAve Ke r m i t A v e N e Railr o a d A v e Vale A v e N e Dell Ave Ne Dunki r k A v e Walnu t A v e ClydeStNe W Lee Ave Marlo u S t Clin e S t N e Highland Rd GusNicksBlvd Broo k S t N e W Madison Ave ValeAveNe ± 1,0005002500 1 Inch = 250 Feet City of Roanoke Glade Creek Stream Restoration May 2023Parcels Town of Vinton City of Roanoke Streets Project Area Glade Creek Roanoke County Career Center T:\StormWater Management\GIS Projects\CGriffith\RoCity_GladeCreek Roanoke County, Va 2022, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Exhibit A Page 1 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 13, 2023 ORDINANCE AUTHORIZING AN AGREEMENT WITH THE CITY OF ROANOKE TO ACT AS EROSION AND SEDIMENT CONTROL AUTHORITY AND STORMWATER MANAGEMENT PROGRAM AUTHORITY FOR THE GLADE CREEK STREAM RESTORATION PROJECT WHEREAS, the City of Roanoke is undertaking a stream restoration project on Glade Creek, which passes through both the City and the Vinton Magisterial District in the County; and WHEREAS the stream restoration project will occur in the City of Roanoke and in the Town of Vinton; and WHEREAS, the land disturbance activities will be necessary to effectuate the project; and WHEREAS, an Erosion and Sediment Control Permit and Stormwater Discharge Permit must be obtained prior to engaging in land -disturbing activities; and WHEREAS, the parties agree that since more than fifty percent of the land - disturbance activities will occur in the City, the City may act as the sole permitting authority for erosion and sediment control and stormwater discharge control, and the County is willing to delegate this authority to the City; and WHEREAS, the parties have prepared a written agreement to memorialize the terms and conditions for such delegation of authority with regard to this Glade Creek stream restoration project; and WHEREAS, Section 15.2-1300 of the Code of Virginia, 1950, as amended, requires that inter-governmental agreements involving joint exercise of powers, privileges Page 2 of 2 or authority be accomplished by ordinance; the first reading of this ordinance was held on June 13, 2023, and the second reading was held on June 27, 2023. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the agreement between the County and the City of Roanoke with regard to delegation of erosion and sediment control and stormwater discharge control, as set forth in the above preliminary recitals, is hereby authorized and approved. 2. That the County Administrator, Deputy County Administrator or Assistant County Administrator is authorized to execute the agreement and other related documents on behalf of the County, and to take all such further action as any of them may deem necessary or desirable in connection with this project. The form of the agreement and any other such documents shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective from and after the date of its adoption. Page 1 of 5 AGREEMENT TO ADMINISTER THE EROSION AND SEDIMENT CONTROL AND VIRGINIA STORMWATER MANAGEMENT PROGRAMS FOR THE GLADE CREEK STREAM RESTORATION PROJECT This AGREEMENT is entered into this ________ day of ______________ 2023, by and between the COUNTY OF ROANOKE, VIRGINIA (the “County”), and the CITY OF ROANOKE, VIRGINIA (the “City”). RECITALS WHEREAS, the City is working to construct a stream restoration project in Glade Creek that extends along the creek approximately 1,320 feet downstream, and 1,720 feet upstream, of the Gus Nicks Boulevard Bridge; as indicated on Plans titled “Glade Creek Stream Restoration Plans”, prepared by Stantec Consulting Services, Inc. (referred to hereafter as the “Project”); and WHEREAS, the Project will disturb land in both the City and the Town of Vinton, a municipal corporation of the Commonwealth of Virginia which lies within the boundaries of Roanoke County, a political subdivision of the Commonwealth of Virginia; and WHEREAS, before engaging in land-disturbing activities, the following permits must be obtained pursuant to Section 62.1-44.15:55 of the Code of Virginia: 1. A erosion and sediment control permit must be obtained from local Virginia Erosion and Sediment Control Program (“VESCP”) authority; and 2. A stormwater discharge permit must be obtained from the local Virginia Stormwater Management Program (“VSMP”); and WHEREAS, the County is the VESCP and VSMP Authority for the Town of Vinton and the City is the VESCP and VSMP Authority for the City of Roanoke; and WHEREAS, more than fifty percent (50%) of the regulated land-disturbing activity will occur within the City; and Page 2 of 5 WHEREAS, it would be in the best interests of the Project and of each locality, if only one erosion and sediment control permit, and one Virginia Stormwater Management Program (VSMP) permit were issued to the Project; rather than one permit for each locality (County and City); and WHEREAS, pursuant to Section 62.1-44.15:55 of the Code of Virginia, projects that disturb land in two jurisdictions may receive a single erosion and sediment control permit. The permit may be issued for the entire project by the jurisdiction where more than fifty percent (50%) of the regulated land-disturbing activity will occur, upon the condition that there be a suitable written agreement between the two jurisdictions; and WHEREAS, the City Engineer has consulted with the local representative for Virginia Department of Environment Quality (“DEQ”), pursuant to Section 62.1-44.15:32 of the Code of Virginia, and has been advised that a single stormwater discharge permit may be issued for the entire project; and WHEREAS, the City understands and accepts full responsibility as the VSMP authority for the project, and all the aspects that entails. All parties were made aware of the City’s sole responsibility to act as the project’s VSMP authority for local plan and permitting approval; and WHEREAS, the parties have agreed that the City should be the sole Local Authority to administer the Virginia erosion and sediment control and Virginia Stormwater Management Programs for the entire Project; for the disturbed areas in the Town of Vinton as well as in the City. THE PARTIES THEREFORE AGREE as follows: 1. The City shall serve as the Local Authority for the Virginia erosion and sediment control program and the Virginia Stormwater Management program. In this Page 3 of 5 capacity, The City shall have all of the responsibilities and rights to review and approve plans, issue permits, access sites to perform inspections, issue notices of corrective action, perform other enforcement actions as needed, close permits, and take any other actions, as appropriate, to administer the Virginia erosion and sediment control program and the Virginia Stormwater Management program. 2. The County recognizes the City’s authority as the Local Authority for the Virginia erosion and sediment control program and the Virginia Stormwater Management program. If the County has any regulatory concerns while the erosion and sediment control and Virginia Stormwater Management Program Permits, issued by the City, are active, the County will provide them in writing to the City for their consideration and action. 3. This agreement may be terminated as follows: a. If the County desires to terminate this agreement, the County shall give the City ninety (90) days’ written notice (recognizing that the City would need this time in order to secure the appropriate permits from the County to continue construction of the Project). b. If the City desires to terminate this agreement, the City shall give the County a minimum of thirty (30) days’ written notice. Page 4 of 5 WITNESS the following signatures and seals: CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA By____________________________________ Title___________________________________ State of Virginia County/City of , to-wit: The foregoing instrument was acknowledged before me this day of _______________ 2023, by ______________________, on behalf of the City of Roanoke. _______________________________________ Notary Public My commission expires: _______________ Page 5 of 5 BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By____________________________________ Richard L. Caywood, County Administrator State of Virginia County of Roanoke, to-wit: The foregoing instrument was acknowledged before me this ________ day of ______________ 2023, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County. _______________________________________ Notary Public My commission expires: _______________ Approved as to form: _______________________________ Office of the County Attorney Page 1 of 2 ACTION NO. ITEM NO. G.4 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2023 AGENDA ITEM: Resolution requesting the Commonwealth Transportation Board name the Diuguids Lane (Route 639) bridge over the Roanoke River as the "USN AWS1 James P. Buriak Memorial Bridge", to erect signage and to designate funds in the amount of $2,500 from Board Contingency, Catawba Magisterial District SUBMITTED BY: Megan G. Cronise Assistant Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: A resolution is needed to request renaming of the Diuguids Lane (Route 639) bridge over the Roanoke River in memory of James P. "Jimm y" Buriak. BACKGROUND: Earlier this year Delegate McNamara's office conveyed a constituent's request to rename the Diuguids Lane bridge over the Roanoke River in memory of AWS1 James P. Buriak, United States Navy. Naval Aircrewman Rescue Swimmer (AWS) Buriak was a Roanoke Valley resident and a Roanoke College alumnus. He passed away when his helicopter crashed off the coast of San Diego, California, on August 31, 2021. DISCUSSION: The Commonwealth Transportation Board (CTB) allows naming of bridges, highways and interchanges at the request of a locality. The locality must fund the costs of fabricating, installing and maintaining the recognition signs. Page 2 of 2 The Virginia Department of Transportation (VDOT) Salem Residency proposed the memorial sign wording which was agreed to by family members. VDOT also identified appropriate locations for the proposed signs on both ends of the west side of the Diuguids Lane bridge to minimize sight distance impacts for turning drivers. FISCAL IMPACT: Sign fabrication and installation is estimated to cost $2,500. VDOT anticipates sign maintenance costs to be minimal. Funds are available in the Board Contingency account. STAFF RECOMMENDATION: Staff recommends adoption of the resolution and dedication of funding from the Board Contingency account to fabricate, install and maintain the memorial signs. Roanoke County, Va 2022, Roanoke County, Source: Esri, Maxar, EarthstarGeographics, and the GIS User Community Roanoke County, Virginia2019 0 25 5012.5 Feet Date: 5 /22/2023 ² Diuguids Lane Bridge Memorial Signs 1:564 Disclaimer: It is understood that the datadisplayed through this application is subject toconstant change and that its accuracy cannotbe guaranteed. The maps have been createdfrom information provided by variousgovernment and private sources at variouslevels of accuracy. The data is provided to youas is; with no warranty, representation orguaranty as to the content,sequence, accuracy, timelinessor completeness of any of theinformation provided herein.It is the responsibility of theuser of the data to beaware of the data’slimitations and to utilize thedata in an appropriatemanner. Page 1 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, JUNE 13, 2023 RESOLUTION REQUESTING THAT THE COMMONWEALTH TRANSPORTATION BOARD NAME THE DIUGUIDS LANE (ROUTE 639) BRIDGE OVER THE ROANOKE RIVER AS THE “USN AWS1 J AMES P. BURIAK MEMORIAL BRIDGE,” TO ERECT SIGNAGE AND TO DESIGNATE FUNDS IN THE AMOUNT OF $2,500 FROM BOARD CONTINGENCY, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has received a request from Delegate Joseph McNamara to name the recently rehabilitated Diuguids Lane (Route 639) bridge over the Roanoke River in memory of Aircrewman Rescue Swimmer (AWS1) James P. Buriak, United States Navy; and WHEREAS, AWS1 Buriak was a Roanoke Valley resident, a Roanoke College alumnus and he passed away when his helicopter crashed off the coast of San Diego, California, on August 31, 2021; and WHEREAS, under Section 33.2-213 of the Code of Virginia, the Commonwealth Transportation Board (CTB) allows naming of bridges, highways and interchanges at the request of a locality when the locality commits to the costs of fabricating, installing and maintaining the signs; and WHEREAS, the sign size, location, color, font and other display details shall be determined by the Virginia Department of Transportation (VDOT). NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the CTB and VDOT are hereby requested to name the Diuguids Lane (Route 639) bridge over the Roanoke River in memory of AWS1 James P. Buriak, United States Navy, and to erect signage in the public right-of-way of Route 639 in Roanoke Page 2 of 2 County. 2. That the memorial signs shall conform to all applicable design standards as designated by VDOT. 3. That Roanoke County shall pay all costs for the fabrication and installation of signs to name the bridge, which costs shall not exceed $2,500. 4. That the Roanoke County Board of Supervisors hereby authorizes the expenditure of an amount not to exceed $2,500 from the Board Contingency account for fabrication, installation and maintenance of the memorial signs. Capital Unappropriated  % of Board Expenditure Balance Revenues Contingency Contingency Reserves Audited balance as of June 30, 2022 24,124,662$      ‐$                     502,597$            7,923,936$      Addition of 2021‐22 operations and close out of completed projects 35,604              Acceptance of FEMA monies for ambulances and fire arms(Ordinance 02283‐4)216,832            Approved Sources: Appropriated from 2022‐23 budget (Ordinance 051022‐4) 2,093,025          50,000                 43,605                 Allocated from year end designations ‐ December 13, 2022 7,547,689         Approved Uses:  Appropriated for 2022‐23 budget (Ordinance 051022‐5)(3,225,059)        Appropriated for purchase of 56 acres at Read Mountain Preserve (Ordinance 101122‐1)(75,000)              Appropriated for ambulances and fire arms (Ordinance 022823‐4)(613,339)           Balance at June 13, 2023 26,217,687$     12.0% 50,000$               546,202$            11,810,663$    County of Roanoke Unappropriated Balance, Board Contingency, and Capital Reserves Fiscal Year 2022‐2023 General Government Changes in outstanding debt for the fiscal year to date were as follows: Audited Outstanding Outstanding June 30, 2022 Additions Deletions June 13, 2023 VPSA School Bonds 85,873,052$ -$ 8,043,501$ 77,829,551$ Lease Revenue Bonds 73,900,000 12,660,000 3,800,000 82,760,000 Subtotal 159,773,052 12,660,000 11,843,501 160,589,551 Premiums 12,384,805 812,376 - 13,197,181 172,157,857$ 13,472,376$ 11,843,501$ 173,786,732$ Submitted By Laurie L. Gearheart Director of Finance and Management Services Approved By Richard L. Caywood County Administrator ACTION NO.___________________ ITEM NUMBER_______________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. : June 13, 2023 : Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 30-Apr-23 SUMMARY OF INFORMATION: CASH INVESTMENT: TRUIST CONCENTRATION 4,118,683.03 4,118,683.03 GOVERNMENT: TRUIST CONTRA (964,055.00) TRUIST 48,500,138.13 TRUIST ROA CONTRA (15,960.00) TRUIST ROA 1,000,000.00 48,520,123.13 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 17,556,082.07 ROCO EMA PORTFOLIO 1,018,549.91 ROCO EMA PORTFOLIO CONTRA 5,161.48 18,579,793.46 MONEY MARKET: ATLANTIC UNION BANK 4,577,209.31 HOMETRUST BANK 4,087,263.78 TRUIST 6,673,808.16 TRUIST ROA 4,404,951.14 19,743,232.39 PUBLIC FUNDS: BANK OF BOTETOURT 2,040,405.57 2,040,405.57 TOTAL 93,002,237.58 06-13-2023 Page 1 of 1 ACTION NO. ITEM NO. K.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2023 AGENDA ITEM: Joint work session with the Roanoke County Economic Development Authority (EDA) and the Roanoke County Board of Supervisors to discuss Economic Development on State, Regional and Local levels SUBMITTED BY: Megan Baker Director of Economic Development APPROVED BY: Richard L. Caywood County Administrator ISSUE: This time has been set aside to discuss economic development that will focus on the State, Regional and local level roles. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 13, 2023 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member’s knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia.