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HomeMy WebLinkAbout9/10/2019 - 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 September 10, 2019 Page 2 of 5 Good afternoon and welcome to our meeting for September 10, 2019. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RV TV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 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. Recognition of Roanoke County’s Chief of Police Howard Hall and Assistant Chief of Police Jimmy Chapman for being inducted into the Evidence Based Policing Hall of Fame at the George Mason University’s Center for Evidence Based Crime Policy (Richard Caywood, Assistant County Administrator) D. BRIEFINGS E. NEW BUSINESS Roanoke County Board of Supervisors Agenda September 10, 2019 Page 3 of 5 F. FIRST READING OF ORDINANCES 1. Ordinances amending the Roanoke County Code: (a) Ordinance amending Chapter 9 (Fire prevention), Article 3 (Virginia Statewide Fire Prevention Code, Section 9-21 (Amendments) of the Roanoke County Code (b) Ordinance amending Chapter 13 (Offenses-Miscellaneous), Article I (In General) of the Roanoke County Code (c) Ordinance amending Chapter 14 (Parades), Article I (In General) Section 14-7 (Carrying of Dangerous Weapons by Participants) of the Roanoke County Code (d) Ordinance amending Chapter 20 (Solid Waste), Article I (In General), Section 20-1 (Definition) of the Roanoke County Code (Peter Lubeck, Acting County Attorney; Richard L. Caywood, Assistant County Administrator) G. SECOND READING OF ORDINANCES 1. Ordinance appropriating funds in the amount of $46,801 from the Commonwealth of Virginia Compensation Board for the County of Roanoke Commonwealth's Attorney and adding a new Senior Assistant Commonwealth's Attorney position to the County's Classification and Pay Plan (Rebecca Owens, Assistant County Administrator; Aaron Lavinder, Chief Assistant Commonwealth Attorney) 2. Ordinance of the Board of Supervisors of the County of Roanoke, Virginia approving the lease financing of various capital projects for the County and authorizing the leasing of certain County-owned property, the execution and delivery of a prime lease and a local lease acquisition agreement and finan ce lease and other related actions (Laurie Gearheart, Director of Finance and Management Services) 3. Ordinance dissolving lease agreement with Reba Farm Inn, LLC to provide equestrian services at Explore Park (Doug Blount, Director of Parks, Recreation and Tourism) H. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance amending Appendix A (the Roanoke County Zoning Ordinance), Article I (General Provisions), Article III (District Regulations), Article IV (Use and Design Standards), and Article V (Development Standards) of the Roanoke County Code (Philip Thompson, Acting Director of Planning) Page 4 of 5 I. APPOINTMENTS 1. Board of Zoning Appeals (appointed by District) 2. Budget and Fiscal Affairs (BFAC) (appointed by District and At -Large) 3. Economic Development Authority (EDA) (appointed by District) 4. Library Board (appointed by District) 5. Parks, Recreation and Tourism (appointed by District) J. 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. Confirmation of appointment to the Roanoke County Economic Development Authority (EDA) (by District) 2. Resolution expressing the appreciation of the Board of Supervisors or Roanoke County to David R. Holladay, Planning Administrator, upon his retirement after twenty-four (24) years of service 3. Request approving the donation of a surplus vehicle to the Regional Center for Animal Care and Protection 4. Request to approve the Board of Supervisors budget development calendar for fiscal year 2020-2021 5. Request to accept and appropriate grant funds in the amount of $3,000 from the Virginia Department of Game and Inland Fisheries (VDGIF) to retrofit current trash containers to make them bear resistant K. CITIZENS' COMMENTS AND COMMUNICATIONS L. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves 2. Outstanding Debt Report 3. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of July 31, 2019 Page 5 of 5 M. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. P. Jason Peters 2. George G. Assaid 3. Martha B. Hooker 4. David F. Radford 5. Phil C. North N. WORK SESSIONS 1. Work session to review with the Board of Supervisors the status of the County of Roanoke's Capital Improvement Program (CIP) projects (Laurie Gearheart, Director of Finance and Management Services) O. 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: September 10, 2019 AGENDA ITEM: Recognition of Roanoke County’s Chief of Police Howard Hall and Assistant Chief of Police Jimmy Chapman for being inducted into the Evidence Based Policing Hall of Fame at the George Mason University’s Center for Evidence Based Crime Policy SUBMITTED BY: Amy Whittaker Public Information Officer APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: Recognition of Roanoke County’s Chief of Police Howard Hall and Assistant Chief of Police Jimmy Chapman for being inducted into the Evidence Based Policing Hall of Fame at the George Mason University’s Center for Evidence Based Crime Policy BACKGROUND: In June 2019, Chief Howard Hall and Assistant Chief Jimmy Chapman were inducted into the Evidence Based Policing Hall of Fame at the George Mason University’s Center for Evidence Based Crime Policy. The Hall of Fame recognizes innovative law enforcement practitioners who have been central to the implementation of a high quality research program in their agency and also are relentless champions of institutionalizing evidence-based practices. These leaders of evidence-based policing not only help make high-quality police scholarships possible, but also advance significant reforms in policing by utilizing science in their decision making. Chief Hall and Assistant Chief Chapman were nominated by professors Sue-Ming Yang and Charlotte Gill of George Mason University for their efforts in supporting a major research initiative under the Smart Policing Initiative (now Strategies for Policing Innovation) to evaluate, using a randomized controlled trial, a program to improve police response to community members experiencing a mental health crisis. This new Page 2 of 2 approach aimed to address a particularly under-served population: those who have called the police because they are in crisis, but do not meet the criteria to be taken into emergency custody. Despite being Crisis Intervention Team (CIT) trained, officers often do not have many options to effectively address the needs of this specific group, who can generate repeated calls for police service. Chief Ha ll and Assistant Chief Chapman were instrumental in leading the development of a response protocol in collaboration with a 24-hour mobile crisis response team in which a mental health professional would take over crisis calls once officers stabilized the situation. The experiment tests whether the model effectively provides services to community members in terms of crisis mitigation, use of force reductions and workload efficiency. In their recommendation, Yang and Gill write that developing the project was complex and time consuming, requiring the sustained leadership, assistance and commitment of both Hall and Chapman for the research to be successfully implemented. Both championed the innovative research design and its integrity, working together to ensure that the experiment was implemented well. Chief Hall and Assistant Chief Chapman have joined a group of approximately 40 other law enforcement officials who have been honored with this award over the past 10 years. Page 1 of 3 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: September 10, 2019 AGENDA ITEM: Ordinances amending the Roanoke County Code: (a) Ordinance amending Chapter 9 (Fire prevention), Article 3 (Virginia Statewide Fire Prevention Code, Section 9-21 (Amendments) of the Roanoke County Code (b) Ordinance amending Chapter 13 (Offenses-Miscellaneous), Article I (In General) of the Roanoke County Code (c) Ordinance amending Chapter 14 (Parades), Article I (In General) Section 14-7 (Carrying of Dangerous Weapons by Participants) of the Roanoke County Code (d) Ordinance amending Chapter 20 (Solid Waste), Article I (In General), Section 20-1 (Definition) of the Roanoke County Code SUBMITTED BY: Peter Lubeck Senior Assistant County Attorney APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: Amendments to the Roanoke County Code. BACKGROUND: Several chapters of the Roanoke County Code need to be updated. Reasons for such updates include bringing the County Code into compliance with provisions of the Code of Virginia, and deleting unused and outdated provisions. DISCUSSION: Ordinance amending Chapter 9 (Fire prevention), Article 3 (Virginia Statewide Fire Prevention Code, Section 9-21 (Amendments) of the Roanoke County Code: The Roanoke County Fire Prevention and Protection Code (the “Fire Code”) has Page 2 of 3 incorporated, by reference, the Virginia Statewide Fire Prevention C ode (“SFPC”), in its entirety. However, the County has modified some of the provisions of the SFPC in Section 9-21 of the Fire Code, which sets forth amendments to the SFPC. The following changes are proposed: · Allow the use of electric grills (which were previously prohibited) on the balconies of multi-family dwellings; · Update an outdated reference to the SFPC; · Clarify that the general standards for the placement of fire hydrants and fire flow (the flow rate of a water supply) applies to changes in occupancy of a structure (the Building Code classifies how a building is used into different categories or “occupancies”); · Clarify that when a building is not required to connect to the County’s water system, it must still meet fire flow requirements set forth in the SFPC (if newly constructed or moved into the County). If the general fire flow requirements of the SFPC are unduly burdensome or impractical, the proposed changes set forth how to obtain a modification from the Fire Marshal; · Include the previously excluded “I-3” (penal institutions) buildings in a use group for fire hydrant placement standards; · Relax the hydrant placement standard for changes of use, allowing a distance of 1000 feet for all changes of use. This will encourage redevelopmen t, but will still ensure safety. · Clarify the fire flow standards for certain classes of buildings (where the language of the code was previously ambiguous); and · Assign fire flow standards to unclassified (“U”) structures. Ordinance amending Chapter 13 (Offenses-Miscellaneous), Article I (In General) of the Roanoke County Code: Numerous changes to Chapter 13, Article 1 are proposed. The main purposes for the changes include: • Bring County Code into compliance with 15.2-915 (prohibiting a locality from regulating “possession, transfer, ownership, carrying, storage or transporting of firearms”). • Eliminate offenses that are duplicative of the Code of Virginia (police routinely charge crimes under the Code of Virginia instead of the County Code) or are otherwise unused. • Make other offenses consistent with authority of Code of Virginia. • Update citations to enabling authority. Page 3 of 3 Ordinance amending Chapter 14 (Parades), Article I (In General) Section 14 -7 (Carrying of Dangerous Weapons by Participants) of the Roanoke County Code: One change is proposed to § 14-7, to no longer regulate the carrying of firearms by parade participants. The purpose of this amendment is to bring the County Code into compliance with § 15.2-915 of the Code of Virginia. Ordinance amending Chapter 20 (Solid Waste), Article I (In General), Section 20 -1 (Definition) of the Roanoke County Code One change is proposed to § 20-1 (definitions), to eliminate the reference to the discontinued “pay-loader”/ “free-loader” program. FISCAL IMPACT: There is no fiscal impact associated with these changes. STAFF RECOMMENDATION: Staff recommends approval of the first reading of all the above ordinances and scheduling a public hearing and second reading for September 24, 2019. Page 1 of 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 10, 2019 ORDINANCE AMENDING CHAPTER 9 (FIRE PREVENTION), ARTICLE 3 (VIRGINIA STATEWIDE FIRE PREVENTION CODE), SECTION 9-21 (AMENDMENTS) OF THE ROANOKE COUNTY CODE WHEREAS, it is proposed that Chapter 9 (Fire Prevention), Article 3 (Virginia Statewide Fire Prevention Code), Section 9-21 (Amendments) of the Roanoke County Code be amended; and WHEREAS, the first reading of this ordinance was held on September 10, 2019, and the second reading and public hearing of this ordinance was held on September 24, 2019. NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of Supervisors: 1. That Chapter 9 (Fire Prevention and Protection), Article III (Virginia Statewide Fire Prevention Code), Section 9-21 (Amendments) of the Roanoke County Code be amended as follows (subsections not set forth below shall remain without amendment): Sec. 9-21. Amendments. The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant to section 27-97 of the Code of Virginia, 1950, as amended, and as authorized by Chapter 1 of the Statewide Fire Prevention Code in the following respects: (17) F-316.1, Cooking devices on or under balconies. Add section F-316.1 as follows Open Flame Cooking Devices: "No charcoal cooker, brazier, hibachi or grill, or any gasoline or other flammable liquid of liquefied petroleum gas-fired stove, electric grills or similar device shall be ignited or used on or under the balconies of any apartment building, condominiums or similar occupancy which are constructed of combustible materials. The management of such occupancies shall notify its tenants in writing of this code requirement at the time the tenant initially Page 2 of 6 occupies the apartment and from time to time as necessary to ensure compliance." 308.1.4, Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction, with the exception of one and two family dwellings. (20) Fire hydrant placement and flow standards. The purpose of this section is to determine the placement of fire hydrants for fire protection to premises for facilities, buildings or portions of buildings in accordance with § 5087.1 et seq. of the Statewide Fire Prevention Code (SFPC) within the county. It applies to all major subdivisions (as defined in chapter 29,- subdivisions of the County Code), new construction, renovations that require a site plan, or changes in occupancy use of facilities or buildings, and which are required to connect to a "water system" as provided in chapter 22 of the County Code. This subsection shall serve as the method of determining the required fire flow in accordance to the statewide fire prevention code SFPC § 5087.3, and authority for this policy is granted by § 50 87.5.1 of the statewide fire prevention code SFPC. In areas of the county where connection to a “water system” is not required (as set forth in chapter 22 of the County Code), and a facility, building, or portion of a building is constructed or moved into the jurisdiction, or, where the current water system is not capable of supplying the required demand, an alternative method of providing fire flow shall be used, subject to approval by the fire marshal (See SFPC 507.1). Such alternative method of providing fire flow shall be based upon a nationally recognized standard or model code. In order to obtain approval for such a modification (pursuant to Section 106.5 of the SFPC), a written request, with any supporting documentation, shall be submitted to the fire marshal. In order to qualify for approval, a modification request must meet the spirit and intent of the SFPC and must assure the public’s health, welfare, and safety. Acceptable standards or model codes include, but are not limited to:  Insurance Services Office, Inc. – Guide for Determination of Needed Fire Flow  International Wildland-Urban Interface Code  National Fire Protection Association (NFPA) 1142 – Standard on Water Supplies for Suburban and Rural Fire Fighting  Appendices B and C of the SFPC  NFPA 24 – Standard for the Installation of Private Fire Service Mains and Their Appurtenances a. Minimum water main sizes: 1. Fire hydrants shall not be installed on lines less than eight (8) inches in diameter. No plantings or erection or other obstructions shall be made within a four-foot radius of any fire hydrant. The surface shall Page 3 of 6 be level within this same radius. Detailed design calculations may be submitted for review and approval by the fire marshal, the Western Virginia Water Authority (WVWA), and the Town of Vinton if the proposed development is within the town's east county utility service area to substantiate line sizes other than as specified above. 2. For residential districts only, detailed design calculations may be submitted for review and approval by the fire marshal, the Western Virginia Water Authority (WVWA), and the Town of Vinton if the proposed development is within the town's east county utility service area to substantiate line sizes other than as specified above. In any case, the minimum line size acceptable shall be six-inch. For all designs, the published "C" factor shall be reduced to new pipe "C" factor minus ten (10). This reduced "C" factor shall be used to reflect more accurately the future flow in aged pipe. b. Fire hydrant locations: 1. In residential areas, hydrants shall be located at street intersections and at intermediate locations where necessary, as determined by the fire marshal's office. In no case shall the distance between the fire hydrants, measured along the centerline of accessible streets, be greater than one thousand (1,000) feet. 2. Within one hundred (100) feet of any standpipe or sprinkler system fire department connection, where those systems are required in buildings. Must be located on an approved street/access road. Hydrant must be within twenty-five (25) feet of street/approved access road. Elevation of street/access road and elevation of hydrant must not have more than a five (5) percent grade. No physical barriers allowed between access road and hydrant. 3. As required by the following schedule, as given by use group, the distance shall be measured to the most remote part of the structure the hydrant will serve. Use Groups, Virginia Uniform Statewide Building Code Page 4 of 6 Change of Occupancy (Existing Building) 1000 feet *Measured along centerline of street to the center of front property line for single-family detached dwellings only. 4. All hydrants shall be a minimum of fifty (50) feet away from buildings other than single-family detached dwellings. The location of all new and existing hydrants that are to serve the property shall be shown on the plans. c. Water system design: Water systems shall be designed to adequately supply normal and peak demands for all customers as required by the Western Virginia Water Authority (WVWA) or the Town of Vinton in the east county utility service area. If the WVWA's regulations do not apply, then any water system or lines required by this policy for the installation of a fire hydrant or for fire flows shall maintain a pressure of not less than twenty-five (25) pounds per square inch at all points of delivery, without reducing the service to existing customers below the foregoing requirement, and shall have adequate capacity to deliver not less than the fire flows listed below, for a minimum of two (2) hours, with a residual pressure of not less than twenty (20) pounds per square inch to at least one (1) point within two hundred fifty (250) feet of each building to be served or proposed to be served by an extension. 1. Peaking factors and demands for design: i. Peak hour factor: 4. ii. Maximum day factor: 2.5. iii. Average day factor: 1. iv. Residential demand per equivalent residential customer (ERC): 0.5 gallon per minute v. Industrial or commercial demands shall be based upon best engineering judgment. 2. Fire flow requirements for various use groups and land uses: i. Residential single-family/duplex: A. Single-family residential property with over one hundred (100) feet between buildings - five hundred (500) GPM. Page 5 of 6 B. Single-family residential property with thirty-one to one hundred (100) feet between buildings - seven hundred fifty (750) GPM. C. Single-family, single-story, residential property with eleven (11) to thirty (30) feet between buildings - one thousand (1,000) GPM. D. Single-family, one and one-half (1½) story residential property with eleven (11) to thirty (30) feet between buildings - one thousand (1,000) GPM. E. Single-family, two-story residential with eleven (11) to thirty (30) feet between buildings - one thousand five hundred (1,500) GPM. F. Single-family, residential property with less than eleven (11) feet between buildings - one thousand five hundred (1,500) GPM. ii. Multi-family/Commercial/Industrial. A. R-1, R-2, R-3, and R-4 up to two and one-half stories (2½) - one thousand five hundred (1,500) GPM. B. R-1, R-2, R-3, and R-4 with three (3) stories or more - two thousand (2,000) GPM. C. I-1, I-2, I-3, and I-4 with three (3) stories up to two (2) stories - one thousand seven hundred fifty (1,750) GPM. D. I-1, I-2, I-3, and I-4 with three stories or more - two thousand two hundred fifty (2,250) GPM. E. All A, B, and E, and U use occupancies up to two (2) stories - two thousand (2,000) GPM. F. All A, B, and E, and U use occupancies three (3) stories or more - two thousand five hundred (2,500) GPM. G. All F, H, M, and S use occupancies up to twenty thousand (20,000) square feet - two thousand five hundred (2,500) GPM. H. All F, H, M, and S use occupancies over twenty thousand (20,000) square feet - two thousand seven hundred fifty (2,750) GPM. Exceptions: The required fire flow may be reduced by a maximum of fifty (50) percent if proposed structures are Page 6 of 6 equipped with a sprinkler system that is installed in accordance with chapter 9. of the Virginia Uniform Statewide Building Code, and NFPA 13 for Commercial (NFPA 13R for residential). The required fire flow reduction shall not allow the total fire flow to fall below a flow of five hundred (500) GPM for residential and seven hundred fifty (750) GPM for commercial/multi-family. In areas of mixed-use development, the higher fire flow shall govern. Fire flows indicated above are for all major subdivisions (as defined in chapter 29. "subdivisions" of the County Code), new construction, renovations that require a site plan, or changes in use of facilities or buildings. Where size and scope of the development exceeds these requirements, additional flow shall be provided in accordance with ISO (insurance services organization) requirements as reviewed by the fire marshal. e. Paint scheme and color coding of hydrants: 1. Fire hydrants will have two (2) classifications, public and private. Public hydrants will be in the public right of way and maintained by the Western Virginia Water Authority or the Town of Vinton in the east county utility service area. Private hydrants will be on private property and will fall under the responsibility of the business owner for the maintenance. To help identify the two (2) types of fire hydrants, the following colors have been assigned to the barrels of the fire hydrants. Please note that the color of the bonnet will be determined by the flow rates and can be found in section 103.01-B. i. Public fire hydrants will be identified by a silver colored barrel. ii. Private fire hydrants will be identified by a white colored barrel. 2. Color of the bonnet will be determined by the flow rate of the hydrant. This color designation will be the same on both private and public fire hydrants. i. Black bonnet - 0 to 249 GPM. ii. Red bonnet - 250 - 499 GPM. iii. Orange bonnet - 500 - 999 GPM. iv. Green bonnet - 1,000 - 1,499 GPM. v. Blue bonnet - 1,500 GPM and up. 2. That this ordinance shall be in full force and effect immediately. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 10, 2019 ORDINANCE AMENDING CHAPTER 13 (OFFENSES – MISCELLANEOUS), ARTICLE 1 (IN GENERAL) OF THE ROANOKE COUNTY CODE WHEREAS, it is proposed that Section 13 (Offenses – Miscellaneous), Article 1 (In General) of the Roanoke County Code be amended; and WHEREAS, the first reading of this ordinance was held on September 10, 2019, and the second reading and public hearing of this ordinance was held on September 24, 2019. NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of Supervisors: 1. That Section 13 (Offenses – Miscellaneous), Article 1 (In General) of the Roanoke County Code be amended as follows (sections not set forth below shall remain without amendment): ARTICLE I. - IN GENERAL Sec. 13-2. -– Reserved.Assault and battery. Any person who commits a simple assault or assault and battery within the county shall be guilty of a Class 1 misdemeanor. (Ord. No. 84-203, § 1, 11-27-84) Cross reference— Penalty for Class 1 misdemeanor, § 1-10. State Law reference— Similar provisions, Code of Virginia, § 18.2-57. Sec. 13-4. - Discharge of firearms or any similar gun or device, generally. (a) It shall be unlawful for any person to shoot or discharge any firearm, or any other similar gun or device within the limits of the county, except when lawfully hunting in accordance with the fish and game laws of the state or when safely engaged in target practice or when lawfully and safely engaged in shooting upon a range or gallery which has been properly licensed or approved or when shooting in a match conducted in accord with article III of chapter 4 of this Code. (b) Any person violating this section shall be guilty of a Class 1 misdemeanor. In addition, the court in which the case is prosecuted may, in its discretion, confiscate the firearm, gun or device in question. (c) This section shall not apply to federal, state or local law-enforcement officers in the performance of their duties. (Code 1971, § 11-10; Ord. No. 082311-1 , § 1, 8-23-11) Cross reference— Penalty for Class 1 misdemeanor, § 1-10.; shooting birds in bird sanctuaries, § 5-4. State Law reference— Authority of county to prohibit discharge of firearms, air guns, etc., Code of Virginia, § 15.2-1209. Sec. 13-4.1. - Pneumatic guns. (a) As used in this section, "pneumatic gun" means any implement, designed as a gun that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact. (b) Pneumatic guns may be used at facilities approved for shooting ranges, or on or within private property with permission of the owner or legal possessor. Use thereof must be conducted with reasonable care to prevent a projectile from crossing the bounds of the property. "Reasonable care" means that the gun is being discharged so that the projectile will be contained on the property by a backstop, earthen embankment, or fence. The discharge of projectiles across or over the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with reasonable care. Minors may use such implements only under the following conditions: (1) Minors under the age of sixteen (16) must be supervised by a parent, guardian, or other adult supervisor approved by a parent or guardian and shall be responsible for obeying all laws, regulations, and restrictions governing the use thereof. (2) Minors sixteen (16) years of age and older must have the written consent of a parent or guardian and shall be responsible for obeying all laws, regulations and restrictions governing the use thereof. (3) Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, junior reserve officers training corps instructor, or a certified instructor. Training of minors above the age of sixteen (16) may also be done without direct supervision if approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certificat ion program, any service of the Department of Defense and similar groups approved by the chief of police, or any person authorized by these authorities to certify ranges and instructors. (4) Commercial or private areas designated for use of pneumatic pain tball guns may be established and operated for recreational use in areas where such facilities are permitted by the county's zoning ordinance. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use. (c) A violation of this section shall constitute class 3 misdemeanor. (Ord. No. 082311-1 , § 2, 8-23-11) Cross reference— Penalty for Class 31 misdemeanor, § 1-10; shooting birds in bird sanctuaries, § 5-4. State Law reference— Authority of county to prohibit discharge of firearms, air guns, etc., Code of Virginia, § 15.2-1209915.4. Sec. 13-5. -– Reserved.Shooting in, along or near roads or streets. (a) No person shall shoot any firearm in or along any road or within one hundred (100) yards thereof, or in a street of any town in the county, whether the town is incorporated or not. (b) A violation of this section shall constitute a Class 4 misdemeanor. (c) This section shall not apply to federal, state or local law-enforcement officers in the discharge of their duties. (Code 1971, § 11-9) Cross reference— Penalty for Class 4 misdemeanor, § 1-10. State Law reference— Similar provisions, Code of Virginia, § 18.2-286. Sec. 13-5.1. - Transporting a loaded rifle or shotgun. (a) It shall be unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road or highway in the county. (b) Any violation of this section shall be punished by a fine of not more than one hundred dollars ($100.00). (c) This section shall not apply to duly authorized law enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business. (Ord. No. 42892-8, § 1, 4-28-92) State Law reference— Authority, Code of Virginia, § 18.2-287.1. 15.2-915.2 Sec. 13-5.2. - Prohibiting hunting or trapping near primary and secondary highways. (a) It shall be unlawful to hunt, with a firearm, any game bird or game animal while the hunting is on or within one hundred (100) yards of any primary or secondary highway in the county. (b) It shall be unlawful to trap any game animal or furbearing animal within fifty (50) feet of the shoulder of any primary or secondary highway in the county. This shall not prohibit such trapping where the written permission of the landowner is obtained. (c) Any violation of this section shall be punished as a Class 3 misdemeanor. (d) For purposes of this section, the terms "hunt" and "trap" shall not include the necessary crossing of highways for the bona fide purpose of going into or leaving a lawful hunting or trapping area. (Ord. No. 42892-8, § 1, 4-28-92) Cross reference— Penalty for Class 3 misdemeanor, § 1-10. State Law reference— Authority, Code of Virginia, § 29.1-526. Sec. 13-5.3. - Prohibiting hunting near public schools and county, town or regional parks. (a) It shall be unlawful to shoot or hunt, or to traverse an area while in possession of a loaded firearm, within one hundred (100) yards of any property line of any public school or of a county, town or regional park. (b) Any violation of this section shall be punished as a Class 4 misdemeanor. (c) This section shall not be enforced on lands within a national or state park or forest, or wildlife management area. (Ord. No. 42892-8, § 1, 4-28-92) Cross reference— Penalty for Class 4 misdemeanor, § 1-10 State Law reference— Authority, Code of Virginia, § 29.1-527. Sec. 13-5.4. -– Reserved. Prohibiting possession of loaded firearms in certain cases. (a) It shall be unlawful for any person under the age of eighteen (18) to carry or have in his possession a loaded firearm while in any public place or upon any public highway. (b) This section shall not apply to a person (i) in his own home or curtilage ther eof, (ii) acting at the time in lawful defense of persons or property, (iii) engaged in lawful hunting, nor (iv) engaged in marksmanship practice at established ranges. (c) Any violation of this section shall be punished by a fine of not more than one hundred dollars ($100.00), and the weapon may be forfeited to the commonwealth pursuant to the provisions of Code of Virginia, section 18.2-310. (Ord. No. 42892-8, § 1, 4-28-92) State Law reference— Authority, Code of Virginia, § 18.2-287.3. Sec. 13-5.5. - Urban archery hunting season. Archery deer hunting is permitted within the county limits by licensed hunters during an approved state department of game and inland fisheries urban archery season. In addition to the urban archery season, archery deer hunti ng is also allowed during the early archery deer season, the general firearms deer season, and the late archery deer season. Licensed archery deer hunters must abide by all applicable sections of the state code and state hunting regulations (including bag limits and tagging/checking requirements). It shall be unlawful and a Class 41 misdemeanor for any person, while hunting deer during the county's archery season, to violate any of the following additional county restrictions: (1) Any person discharging a bow shall, at all times, while engaged in such activity, have in his possession written permission from the landowner(s) to discharge such a weapon on his premises. (2) No person shall discharge a bow from, over or across any street, sidewalk, alley, near primary or secondary highways, roadway, or public land or public place or near a public school and county/town/regional parks within the county limits or toward any building or dwelling in such a manner that an arrow may strike it. (3) No person may discharge a bow unless from an elevated position of at least ten (10) feet above the ground. (4) It shall be unlawful for any person to engage in hunting with a bow or to discharge arrows from bows within one hundred (100) yards of a dwelling house or occupied building not his or her own. A "bow" includes all compound bows, crossbows, longbows and recurve bows that have a peak draw of less than ten (10) pounds or that are designed or intended to be used principally as toys. The term "arrow" means a shaft -like projectile intended to be shot from a bow. (Ord. No. 121311-6 , § 1, 12-13-11) Cross reference— Penalty for Class 4 misdemeanor, § 1-10 State law reference – Authority, Code of Virginia, § 29.1-526, 29.1-527, §29.1-528.2, § 18.2-286 Sec. 13-6. -– Reserved. Obstructing free passage of others. Any person who, in any public place or on any private property open to the public, unreasonably or unnecessarily obstructs the free passage of other persons to and from or within such place or property and who shall fail or refuse to cease such obstruction or move on when requested to do so by the owner or lessee, or agent or employee of such owner or lessee, or by a duly authorized law-enforcement officer shall be guilty of a Class 1 misdemeanor. Nothing in this section shall be construed to prohibit lawful picketing. (Ord. No. 84-194, § 2, 11-13-84) Cross reference— Penalty for Class 1 misdemeanor, § 1-10. State Law reference— Similar provisions, Code of Virginia, § 18.2-404. Sec. 13-8. -– Reserved. Petit larceny. Any person who: (1) Commits larceny from the person of another of money or other thing of value of less than five dollars ($5.00); or (2) Commits simple larceny not from the person of another of goods and chattels of the value of less than two hundred dollars ($200.00); shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor. (Ord. No. 84-203, § 1, 11-27-84) Cross reference— Penalty for Class 1 misdemeanor, § 1-10. State Law reference— Similar provisions, Code of Virginia, § 18.2-96. Sec. 13-9. -– Reserved. Shoplifting. (a) Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise: (1) Willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment; (2) Alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another; or (3) Counsels, assists, aids or abets another in the performance of any of the above acts; shall, if the value of the goods or merchandise is less than two hundred dollars ($200.00), be deemed guilty of a misdemeanor. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise. (b) Any person convicted for the first time of an off ense under this section shall be punished as for a Class 1 misdemeanor. [1] (c) Any person convicted of an offense under this section, when it is alleged in the warrant or information on which he is convicted, and admitted, or found by the jury or judge before whom he is tried, that he has been before convicted in the Commonwealth of Virginia for a like offense, regardless of the value of the goods or merchandise involved in the prior conviction, shall be confined in jail not less than thirty (30) days nor more than twelve (12) months. (d) Any person who has been convicted of violating the provisions of this section shall be civilly liable to the owner for the retail value of any goods and merchandis e illegally converted and not recovered by the owner, and for all costs incurred in prosecuting such person under the provisions of this section. Such costs shall be limited to actual expenses, including the base wage of one employee acting as a witness for the prosecution and suit costs; provided, however, the total amount of allowable costs granted hereunder shall not exceed two hundred fifty dollars ($250.00), excluding the retail value of the goods and merchandise. (e) A merchant, agent or employee of the merchant, who has probable cause to believe that a person has shoplifted in violation of this section or section 13-8, on the premises of the merchant, may detain such person for a period not to exceed one hour pending arrival of a law-enforcement officer. (f) A merchant or agent or employee of a merchant, who causes the arrest or detention of any person pursuant to the provisions of this section or section 13-8, shall not be held civilly liable for unlawful detention, if such detention does not exceed one hour, slander, malicious prosecution, false imprisonment or false arrest, if the detention takes place on the premises of the merchant or after close pursuit from such premises by such merchant, his agent or employee; provided that, in causing the arrest or detention of such person, the merchant, agent or employee of the merchant had, at the time of such arrest or detention, probable causes to believe that the person had shoplifted or committed willful concealment of goods or merchandise. (g) As used in this section, "agents of the merchant" shall include attendants at any parking lot owned or leased by the merchant, or generally used by customers of the merchant through any contract or agreement between the owner of the parking lot and the merchant. (Ord. No. 84-203, § 1, 11-27-84) State Law reference— Similar provisions, Code of Virginia, §§ 18.2-103—18.2-106. See § 18.2-104 for conditions under which the above offense is a felony. Sec. 13-11. -– Reserved. Unlawful entry on church or school property. (a) It shall be unlawful for any person, without the consent of some person authorized to give such consent, to go or enter upon, in the nighttime, the premises or property of any church or upon any school property for any purpose other than to attend a meeting or service held or conducted on such church or school property. (b) Any person violating this section shall be guilty of a Class 4 misdemeanor. (Ord. No. 84-203, § 1, 11-27-84) Cross reference— Penalty for Class 4 misdemeanor, § 1-10. State Law reference— Similar provisions, Code of Virginia, § 18.2-128. Sec. 13-12. -– Reserved. Abandoned or discarded refrigerators and other airtight containers. (a) It shall be unlawful for any person to discard, abandon, leave or allow to remain in any place any icebox, refrigerator or other container, device or equipment of any kind with an interior storage area of more than two (2) cubic feet of clear space which is airtight, without first removing the door or hinges from such icebox, refrigerator, container, device or equipment. (b) This section shall not apply to any icebox, refrigerator, container, device or equi pment which is being used for the purpose for which it was originally designed, or is being used for display purposes by any retail or wholesale merchant, or is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof. (c) A violation of the provisions of this section shall constitute a Class 3 misdemeanor. (Code 1971, § 11-8) Cross reference— Penalty for Class 3 misdemeanor, § 1-10. State Law reference— Similar provisions, Code of Virginia, § 18.2-319. Sec. 13-13. - Unlawful disposal of rubbish or other waste material. (a) No person shall dump or dispose of or leave or cause to be thrown any rubbish, trash, garbage, litter or other waste substance or material in or upon and along any public property, including a street, road, highway, right-of-way, property adjacent to such highway or right-of-way, park or alley in the county; nor shall any person dispose of, dump or throw any rubbish, trash, garbage, litter or other waste substance or material upon any private property without the written consent of the owner thereof or his agent; nor shall any person dispose of, dump or throw any rubbish, trash, garbage, litter or any other waste material or substance upon any lots or property in the county which have not been selected, approved and designated as a garbage or trash disposal area by the county. (b) In the event a person violating this section is known to the county administrator or his designee shall give the violator ten (10) days' written notice, by certified mail, to clean up and remove such rubbish, tin cans, trash, garbage or other waste substance or material. Should the violator not take appropriate action within such ten -day period, the county administrator or his designee shall, by use of county employees or by employing an agent of the county, have the rubbish, trash, garbage, litter or other waste substance or material removed. The violator shall be liable for the charges and costs of such removal. Nothing in this subsection shall be deemed to bar the prosecution of any person for a violation of this section. (c) A violation of any provision of this section shall constitute a Class 1 misdemeanor. (Code 1971, § 14-1; Ord. No. 52687-11, § 1, 5-26-87; Ord. No. 12192-10.a, § 1, 12-1-92) Cross reference— Penalty for Class 1 misdemeanor, § 1-10; solid waste generally, Ch. 20. State Law reference— Unlawful deposit of waste material on highway or private property, Code of Virginia, § 33.1-34633.2-802. Sec. 13-13.1. - Authorized disposal of trash; unlawful scavenging or handling of trash. (a) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection: (1) Commercial waste: All solid waste generated by establishments engaged in business operations other than manufacturing (see section 20-1). (2) Scavenge: To handle, separate, rummage through, take from or otherwise remove goods, articles, identifiable information or any other item of tangible property. (3) Trash: Personal property, business or personal records, household or personal refuse, commercial waste, rubbish, garbage, litter, solid waste or debris, placed in bags or receptacles for disposal, excluding yard waste, wood or brush collection. (b) All trash shall be disposed of in automated container receptacles provided by the county in accordance with section 20-24 of this code or in privately owned receptacles, bags or boxes. (c) It shall be unlawful for any person to scavenge in the trash of another, and no person, other than county employees acting within the scope of their employment, shall handle the contents of any receptacle containing trash which has been put therein for removal by the county. (d) No person, other than county employees, may place trash in county collection vehicles., excepting a "free loader" as defined by section 20-1. (Ord. No. 060998-3, § 1, 6-9-98) Sec. 13-14. - Automobiles as Sleeping Quarters. Reserved. It shall be unlawful and a Class 4 misdemeanor for any person to use an automobile for sleeping quarters, in place of a residence, hotel or other similar accommodations, within the County. As used herein, “hotel” means any structure that is occupied or i ntended for occupancy by transients for dwelling, lodging or sleeping purposes. As used herein, “automobile” shall mean a vehicle that is powered by an internal combustion engine or motor and able to carry one or multiple people. It shall include all motor vehicles, excluding “recreational vehicle(s)” as defined in Section 30 -28 of this Code. Sec. 13-15. - Transportation of waste material in open or uncovered vehicle. Reserved. (a) No person shall transport any rubbish, tin cans, trash, garbage or any other waste or refuse substance or material in an open or uncovered vehicle along the streets, roads or highways of the county, unless the load is covered, by a tarpaulin or other suita ble cover, in such manner as to contain the entire load. (b) A violation of this section shall constitute a Class 1 misdemeanor. (Code 1971, § 14-2) Cross reference— Penalty for Class 1 misdemeanor, § 1-10; motor vehicles and traffic, Ch. 12. State Law reference— Allowing escape of vehicle load, Code of Virginia, § 10-211. 2. That this ordinance shall be in full force and effect immediately. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 10, 2019 ORDINANCE AMENDING CHAPTER 14 (PARADES), ARTICLE I (IN GENERAL), SECTION 14-7 (CARRYING OF DANGEROUS WEAPONS BY PARTICIPANTS) OF THE ROANOKE COUNTY CODE WHEREAS, it is proposed that Chapter 14 (Parades), Article I (In General), Section 14-7 (Carrying of Dangerous Weapons by Participants) be amended in order to be in compliance with Section 15.2-915 of the Code of Virginia, which generally prohibits localities from regulating the possession and carrying of firearms; and WHEREAS, the first reading of this ordinance was held on September 10, 2019, and the second reading and public hearing of this ordinance was held on September 24, 2019. NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of Supervisors: 1. That Chapter 14 (PARADES), Article I (In General), Section 14-7 of the Roanoke County Code be amended as follows: Sec. 14-7. – Carrying of dangerous weapons by participants. No person participating in any parade shall carry any weapon which if concealed would constitute a violation of section 18.2-308(A)(ii) through (iv) of the Code of Virginia, or any weapon of like kind as those enumerated in section 18.2-308(A)(ii) through (iv), or whose possession would otherwise constitute a violation of any section of title 18.2 of the Code of Virginia, 1950, as amended. The chief of police shall retain the authority to require that all participants in any parade submit to a pat-down search or other procedure, including passage through a metal detector, to insure compliance with this section prior to any parade. This prohibition shall not apply to members of any color guard, drill team, military unit, lodge or any other persons by whom the display of weapons during a parade would not constitute a threat to the maintenance of law and order or the preservation of the public peace. 2. That this ordinance shall be in full force and effect immediately. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 10, 2019 ORDINANCE AMENDING CHAPTER 20 (SOLID WASTE), ARTICLE I (IN GENERAL), SECTION 20-1 (DEFINITIONS) OF THE ROANOKE COUNTY CODE WHEREAS, it is proposed that Chapter 20 (Solid Waste), Article I (In General), Section 20-1 (Definitions) be amended in order to delete a reference to the County’s discontinued pay loader waste-disposal program; and WHEREAS, the first reading of this ordinance was held on September 10, 2019, and the second reading and public hearing of this ordinance was held on September 24, 2019. NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of Supervisors: 1. That Chapter 20 (Solid Waste), Article I (In General), Section 20-1 (Definitions) of the Roanoke County Code be amended as follows (all definitions not set forth below shall remain without amendment): Sec. 20-1.- Definitions. Pay loader: Dumpster-style trailer which may be reserved for a fee by county residential customers for a specified period of time. 2. That this ordinance shall be in full force and effect immediately. Page 1 of 2 ACTION NO. ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2019 AGENDA ITEM: Ordinance appropriating funds in the amount of $46,801 from the Commonwealth of Virginia Compensation Board for the County of Roanoke Commonwealth's Attorney and adding a new Senior Assistant Commonwealth's Attorney position to the County's Classification and Pay Plan SUBMITTED BY: Rebecca Owens Assistant County Administrator APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: Appropriation of funding from the Commonwealth of Virginia Compensation Board to the County of Roanoke Commonwealth's Attorney in the amount of $46,801 fo r a new Senior Assistant Commonwealth's Attorney. BACKGROUND: The Commonwealth of Virginia has an initiative to increase staffing levels in Commonwealth's Attorneys' Offices throughout Virginia. The Compensation Board awarded funding in the amount of $62,401 to the County of Roanoke effective July 1, 2019, for a new entry level Assistant Commonwealth's Attorney. Assuming a start date of October 1, 2019 for this new position, the prorated Commonwealth revenue in fiscal year 2019-2020 is $46,801. DISCUSSION: The Commonwealth's Attorney has requested that the County accept this funding and allow this position to be filled as a Senior Assistant Commonwealth's Attorney. This would allow the office to hire an attorney with the level of training and experien ce necessary to deal with an increased workload. Page 2 of 2 There have been no changes since the first reading held on August 27, 2019. FISCAL IMPACT: In the current fiscal year 2019-2020, the estimated cost to hire a Senior Assistant Commonwealth's Attorney with a start date of October 1, 2019, would be $70,733 including salary and benefits. There is minimal fiscal impact outside of the appropriation of the additional Compensation Board funding as the Commonwealth's Attorney's Office has personnel savings from the temporarily vacant Chief Assistant Commonwealth's Attorney position. For fiscal year 2020 -2021, the salary and benefit costs are estimated to be $98,806, which will be a budget impact of $36,405 and would be included in the fiscal year 2020-2021 budget process. STAFF RECOMMENDATION: Staff recommends approval of the ordinance to appropriate $46,801 in additional funding from Commonwealth of Virginia Compensation Board to the County of Roanoke Commonwealth's Attorney. 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 THURSDAY, SEPTEMBER 10, 2019 ORDINANCE APPROPRIATING FUNDS IN THE AMOUNT OF $46,801 FROM THE COMMONWEALTH OF VIRGINIA COMPENSATION BOARD TO THE COUNTY OF ROANOKE COMMONWEALTH’S ATTORNEY AND ADD A NEW SENIOR ASSISTANT COMMONWEALTH’S ATTORNEY POSITION TO THE COUNTY’S CLASSIFICATION AND PAY PLAN WHEREAS, the Commonwealth of Virginia seeks to increase staff ing in Commonwealth’s Attorneys’ offices throughout Virginia; and WHEREAS, the Commonwealth of Virginia Compensation Board has approved and awarded funding in the amount of $62,401 to the County of Roanoke Co mmonwealth’s Attorney; and WHEREAS, the amount awarded will be prorated to the start date of the new position, which should be October 1, 2019; and WHEREAS, the appropriation of these funds from the Commonwealth of Virginia was not included in the County’s fiscal year 2019-2020 approved budget ordinance; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance before they are expended; and WHEREAS, the first reading of this ordinance was held on August 27, 2019, and the second reading of this ordinance was held on September 10, 2019. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $46,801 is hereby appropriated from revenue received from the Commonwealth of Virginia Compensation Board. 2. A full-time Senior Assistant Commonwealth’s Attorney position will be added to the County of Roanoke Classification and Pay Plan. Page 2 of 2 3. This ordinance shall take effect on September 10, 2019. Page 1 of 3 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: September 10, 2019 AGENDA ITEM: Ordinance of the Board of Supervisors of the County of Roanoke, Virginia approving the lease financing of various capital projects for the County and authorizing the leasing of certain County-owned property, the execution and delivery of a prime lease and a local lease acquisition agreement and finance lease and other related actions SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: Consideration of an ordinance to authorize the issuance of Lease Revenu e Bonds to finance various County capital projects as detailed in the approved fiscal year 2020 - 2029 Capital Improvement Program (CIP) BACKGROUND: The proposed ordinance authorizes the issuance of up to $10,000,000 in Lease Revenue Bonds for the fiscal year 2019-20 capital projects. The Lease Revenue Bonds will provide funding for specific project components to include the construction and renovation for relocation of all General Services Department functions, Comm/IT Department shop and tower maintenance functions and Finance Department surplus property warehouse needs to the existing County Fleet Service Center site and adjacent purchased cold storage property; utilization of land at the existing Public Service Center site outside of the flood plain for the Community Development Department’s storm water operations and relocation of district shop functions for the Parks, Recreation, and Tourism (PRT) Department at Green Hill and Walrond Parks. Additionally, it includes acquiring property for the relocati on of office, warehouse, equipment and other support functions for Parks, Recreation, and Tourism (PRT). Page 2 of 3 Properties are in the process of being purchased as approved by the Board of Supervisors that are contiguous to the existing Fleet Service Center. Ac quisition of these properties will allow for the elimination of the Walrond Park district shop from the overall project scope. DISCUSSION: The proposed structure of the bond is a Lease Revenue Bond through the Virginia Resources Authority (VRA) in the amount of up to $10,000,000 in bonds, a true interest cost not to exceed five percent (5%), and a term to maturity not to exceed twenty years. This is an estimate of the maximum borrowing authority that the County may need. The amount of the bonds the County issues will depend on the interest rate conditions in the marketplace at the time of the bond sale. As a condition of the issuance and purchase of the Bonds, the Virginia Resources Authority (VRA) requires that the County of Roanoke provide collateral acceptable with a loan value not exceeding 75%. Roanoke County's Social Services building at 220 E. Main Street, Salem, VA and the recently purchased cold storage facility located at 5285 Hollins Road, Roanoke, VA meet the essential facility test and provide the collateral required by the VRA. Board approval of the attached Ordinance authorizes the execution of all documents associated with the financing of this project including: 1. Prime Lease between County and VRA 2. Local Lease Acquisition Agreement between the VRA and the County 3. Financing Lease Agreement with VRA 4. Other related documents There have been no changes since the first reading held on August 27, 2019. FISCAL IMPACT: The fiscal year 2019-2020 estimated capital project costs associated with this project included in this proposed bond issuance total $10,000,000. County cash sources of $550,000 and Lease Revenue Bonds of $1,000,000 were approved by the Board in previous years. Funding for the projects was included in the fiscal year 2020-2029 Capital Improvement Program and appropriated by the Board of Supervisors through Budget Ordinance 052819-5, the County's fiscal year 2019-2020 Capital Budget. Principal and interest payments will begin in fiscal year 2020 -2021. The County will capitalize interest for any payments due until July 1, 2020. Debt service on the proposed bond amount is projected to be approximately $871,850; however this will be Page 3 of 3 dependent on market conditions at the time of sale and final amortization schedule provided by VRA. The County's obligation to make payments to VRA under the Financing Lease is subject to annual appropriations by the Board, and does not constitute a pledge of the full faith and credit or taxing power of the County. The County's debt policies established parameters for issuing debt and managing outstanding debt. The County does not have any Constitutional or Statutory Debt Limits. The County does abide by Board of Supervisors-imposed debt limits. The proposed bond issue in the amount not to exceed $10,000,000 will allow the County to stay well within its limits of the County debt policy approved by the Board. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. Page 1 of 9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 10, 2019 ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA APPROVING THE LEASE FINANCING OF VARIOUS CAPITAL PROJECTS FOR THE COUNTY AND AUTHORIZING THE LEASING OF CERTAIN COUNTY-OWNED PROPERTY, THE EXECUTION AND DELIVERY OF A PRIME LEASE AND A LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE, AND OTHER RELATED ACTIONS WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County"), intends to finance all or a portion of the costs (or to reimburse the County for payment of such costs) of various capital improvements, including the acquisition, construction, designing, equipping, replacing or renovating of the County's Public Service Center and the costs of acquiring certain land, including capitalized interest for all or a portion of the construction period and closing costs (collectively, the "Projects"); WHEREAS, the Board has determined that it is in the best interest of the County to enter into a lease arrangement in order to obtain funds to finance the Projects; WHEREAS, the Board is authorized, pursuant to Section 15.2 -1800 of the Code of Virginia of 1950, as amended, to lease any improved or unimproved real estate held by the County; WHEREAS, the first reading of this ordinance was held on August 27, 2019 and the second reading was held on September 10, 2019; WHEREAS, Virginia Resources Authority ("VRA") intends to issue its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2019C (the "VRA Bonds"), and to provide a portion of the proceeds to the County to Page 2 of 9 finance the Projects pursuant to the terms of a Local Lease Acquisition Agreement and Financing Lease (the "Financing Lease"), between the County and VRA; WHEREAS, the County will enter into a Prime Lease (the "Prime Lease") with VRA whereby the County will lease certain real estate selected by the County Administrator (expected to be the County's Social Services building located at 220 E. Main Street and the County's cold storage facilities) (the "Real Estate") and the associated improvements and property located thereon (the "Improvements") to VRA; WHEREAS, the County will enter into the Financing Lease with VRA pursuant to which VRA will lease the Real Estate and the Improvements back to the County and the County will make rental payments corresponding in amount and timing to the debt service on the portion of the VRA Bonds issued to finance the Projects (the "Rental Payments"); WHEREAS, pursuant to the Financing Lease the County will undertake and complete the Projects; WHEREAS, the County intends to pay the Rental Payments out of appropriations from the County's General Fund; WHEREAS, the Financing Lease shall indicate that approximately $10,000,000 (or such other amount as requested by the County and approved by VRA prior to t he pricing of the VRA Bonds) is the amount of proceeds requested (the "Proceeds Requested") from VRA; WHEREAS, VRA's objective is to pay the County an amount which, in VRA's judgment, reflects the market value of the Rental Payments under the Financing Lea se Page 3 of 9 (the "VRA Purchase Price Objective"), taking consideration of such factors as the purchase price to be received by VRA for the VRA Bonds, the issuance costs of the VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA (collectively, the "VRA Costs")) and other market conditions relating to the sale of the VRA Bonds; WHEREAS, such factors may result in the County receiving an amount other than the par amount of the aggregate principal components of the Rental Payments under the Financing Lease and consequently (i) the aggregate principal components of the Rental Payments under the Financing Lease may be greater than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized aggregate principal components of the Rental Payments under the Financing Lease set forth in paragraph 4 of this Ordinance does not exceed the Proceeds Requested by at least the amount of the VRA Costs and any original issue discount, the amount to be paid to the County, given the VRA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; and WHEREAS, the Prime Lease and the Financing Lease are referred to herein as the "Documents." Copies of the Documents are on file with the County Administrator. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Approval of Lease-Leaseback Arrangement. The lease-leaseback arrangement with VRA to accomplish the financing of the Projects is hereby approved. Page 4 of 9 The County Administrator is authorized to determine the Real Estate and Improvements, as may be required by VRA, to be subject to the lease-leaseback arrangement. 2. Approval of Prime Lease. The leasing of the Real Estate and the Improvements by the County, as lessor, to VRA, as lessee, pursuant to the terms of the Prime Lease is hereby approved. 3. Approval of the Financing Lease. The leasing of the Real Estate and the Improvements by VRA, as lessor, to the County, as lessee, pursuant to the terms of the Financing Lease is hereby approved. 4. Approval of the Terms of the Rental Payments . The Rental Payments set forth in the Financing Lease shall be composed of principal and interest components reflecting an original aggregate principal amount not to exceed $10,000,000, a true interest cost not to exceed 5.00% per annum (taking into account any original issue discount or premium) and a term ending no later than June 30, 2041. It is determined to be in the best interest of the County to accept the offer of VRA to enter into the Financing Lease with the County for an amount determined by VRA to be fair, subject to the conditions set forth in this Ordinance, which Financing Lease shall be executed by the Chairman of the Board (the "Chairman") and the County Administrator, or either of them. Given the VRA Purchase Price Objective and market conditions, it may become necessary to enter into the Financing Lease with aggregate principal components of the Rental Payments greater than the Proceeds Requested. If the limitation on the maximum aggregate principal components of Rental Payments on the Financing Lease set forth in this paragraph 4 restricts VRA's ability to generate the Page 5 of 9 Proceeds Requested, taking into account the VRA Costs, the VRA Purchase Price Objective and market conditions, the County Administrator is authorized to accept a purchase price for the Bond at an amount less than the Proceeds Requested. The Financing Lease, in substantially the form presented to this meeting, is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Ordinance as may be approved by the Chairman or the County Administrator. The Chairman and the County Administrator, either of whom may act are hereby authorized and directed to enter into the Financing Lease. The actions of the Chairman and the County Administrator in accepting the final terms of the Rental Payments shall be conclusive, and no further action shall be necessary on the part of the Board. 5. Other Payments under Financing Lease. The County agrees to pay all amounts required by the Financing Lease, including any amounts required by Section 5.1(b) of the Financing Lease, including the "Supplemental Interest," as provide d in such section. 6. Execution and Recordation of Documents. The Chairman and the County Administrator, either of whom may act, are authorized and directed to execute the Documents and deliver them to the other parties thereto. The Chairman and the County Administrator, either of whom may act, are further authorized to cause the Documents, to be recorded in the Clerk's Office of the Circuit Court of Roanoke County. Page 6 of 9 7. Form of Documents. The Documents shall be in substantially the forms on file with the County Administrator, which are hereby approved with such completions, omissions, insertions and changes as may be approved by the Chairman and the County Administrator, either of whom may act, with the execution and delivery of the Documents by the Chairman and/or the County Administrator constituting conclusive evidence of the approval of any such completions, omissions, insertions, and changes. 8. Essentiality of the Projects and Real Estate. The Projects, the Real Estate and the Improvements are hereby declared to be essential to the efficient operation of the County, and the County anticipates that the Projects, the Real Estate and the Improvements will continue to be essential to the oper ation of the County during the term of the Financing Lease. 9. Annual Budget. While recognizing that it is not empowered to make any binding commitment to make Rental Payments and any other payments required under the Financing Lease beyond the current fiscal year, the Board hereby states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boards do likewise during the term of the Financing Lease. The Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to include in the budget request for each fiscal year during the term of the Financing Lease an amount sufficient to pay the Rental Payments and all other payments coming due under the Financing Lease during such fiscal year. If at any time during any fiscal year of the County throughout the term of the Financing Lease, the amount appropriated in the County's annual budget in any such fiscal year is insufficient to pay when due the Rental Page 7 of 9 Payments and any other payments required under the Financing Lease, the Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to submit to the Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. 10. Rental Payments Subject to Appropriation. The County's obligation to make the Rental Payments and all other payments pursuant to the Financing Lease is hereby specifically stated to be subject to annual appropriation therefor by the Board, and nothing in this Ordinance or the Documents shall constitute a pledge of the full faith and credit nor taxing power of the County or compel the Board to make any such appropriation. 11. Disclosure Documents. The County authorizes and consents to the inclusion of information with respect to the County to be contained in VRA's Preliminary Official Statement and VRA's Official Statement in final form, both to be prepared in connection with the sale of the VRA Bonds. If appropriate, such disclosure documents shall be distributed in such manner and at such times as VRA shall determine. The County Administrator is authorized and directed to take whatever actions are necessary and/or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2-12. 12. Tax Documents. The County Administrator and the Director of Finance, either of whom may act, is authorized to execute a Nonarbitrage Certificate and Tax Compliance Agreement and/or any related document (the "Tax Documents") setting forth Page 8 of 9 the expected use and investment of the proceeds of the VRA Bonds to be received pursuant to the Documents and containing such covenants as may be necessary in order for the County and/or VRA to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code"), with respect to the VRA Bonds and the Documents including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds." The County covenants that the proceeds of the VRA Bonds to be received pursuant to the Documents will be invested and expended as set forth in the Tax Documents, to be delivered simultaneously with the issuance and delivery of the Financing Lease and that the County shall comply with the other covenants and representations contained therein. 13. Other Actions. All other actions of the officers of the County in conformity with the purpose and intent of this Ordinance are hereby approved and confirmed. The officers of the County are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the execution and delivery of the Documents. 14. SNAP Investment Authorization. The County has heretofore received and reviewed the Information Statement (the "Information Statement") describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"), and the County has determined to authorize the Director of Finance to utilize SNAP in connection with the investment of the proceeds of the lease-leaseback transaction if the Director of Finance determines that the utilization of SNAP is in the best interest of the County. The Board acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall Page 9 of 9 not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the contract creating the investment program pool. 15. Effective Date. This Ordinance shall take effect immediately. 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: September 10, 2019 AGENDA ITEM: Ordinance dissolving lease agreement with Reb a Farm Inn, LLC to provide equestrian services at Explore Park SUBMITTED BY: Doug Blount Director of Parks Recreation and Tourism APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: Request to dissolve the lease agreement between Roanoke County and Reba Farm Inn, LLC to provide equestrian services at Explore Park BACKGROUND: In 2016 the Roanoke County Board of Supervisors approved the Adventure Plan for Explore Park, which outlined the direction for the park's development. As a part of the Adventure Plan and Business Plan for Explore Park, it outlined the public -private partnerships that were necessary for the park to develop into a destination facility. One of the services identified in the Adventure Plan was providing equestrian services. Roanoke County issued Request for Proposal 2017-097: Programs for Explore Park on March 22, 2017, and proposals were due on May 17, 2017. Roanoke County received one proposal to provide equestrian services and camping from Reba Farm Inn. On March 27, 2018, the Roanoke County Board of Supervisors approved a land lease with Reba Farm Inn to operate an equestrian facility at Niagara Ranch located on Highland Road. Page 2 of 2 DISCUSSION: Reba Farm Inn has requested to dissolve the land lease with Explore Pa rk. Reba Farm Inn and Parks, Recreation and Tourism has worked together for fifteen months to offer programs to the community. The program registrations at Niagara Ranch have not met their business plan requirements. Train rides, lessons, special events an d summer camps have been the primary programs offered. In the 2018, weather had a significant impact on their operations and many of their programs had to be canceled due to weather and facility conditions. Reba Farm did have 51 summer camp registrations. Parks, Recreation and Tourism did transport the campers to Reba Farm’s Bedford location to provide the service. Reba Farm Inn has been an excellent partner with Roanoke County in providing equestrian programs. We support their request to dissolve the lease. We will continue to work with Reba Farm Inn as well as other equestrian vendors to provide these services at Explore Park through Roanoke County’s procurement process. There has been no changes since the first reading of this ordinance on August 27, 2019. FISCAL IMPACT: There is no fiscal impact by dissolving the lease. Parks, Recreation and Tourism will continue to maintain the Niagara Ranch bi-monthly. STAFF RECOMMENDATION: Staff recommends approval of the ordinance. 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, SEPTEMBER 10, 2019 ORDINANCE DISSOLVING A LEASE WITH REBA FARM, LLC TO PROVIDE EQUESTRIAN SERVICES IN EXPLORE PARK WHEREAS, the County is the Lessee of a ninety-nine year lease for Explore Park, property owned by the Virginia Recreational Facilities Authority (“VRFA”), a political subdivision of the Commonwealth of Virginia; and WHEREAS, the Roanoke County Department of Parks, Recreation & Tourism (“PRT”) has devised a master plan (“Adventure Plan”) for the land leased by the County in Explore Park to achieve the purpose of the County / VRFA Lease; and WHEREAS, the County has solicited and negotiated contracts with various vendors for ground leases and event contracts to implement the Adventure Plan ; and WHEREAS, Reba Farm LLC (“Reba Farm”), was the responsive bidder for the County’s RFP for, among other things, providing equestrian services for visitors to Explore Park; and WHEREAS, the County entered into a lease with Reba Farm; and WHEREAS, due to various market factors, Reba Farm avers that it is in their best interests to focus on other core parts of its business; and WHEREAS, Roanoke County can use the site le ased to Reba Farm for other recreational uses consistent with the Adventure Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of Roanoke County, the County is authorized to acquire property, including the lease of real estate; and, Page 2 of 2 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate shall be a ccomplished by ordinance, the first reading of this ordinance was held on August 27, 2019, and the second reading of this ordinance was held on September 10, 2019. 3. That the current Lease Agreement (“Agreement”) with Reba Farm for certain parcels of land in Explore Park is hereby dissolved. 4. That the lease term shall end September 11, 2019. 5. That the dissolution of this Lease Agreement shall in no way affect the County’s other on-going business agreements with Reba Farm to provide equestrian services to other PRT clients. 6. That the 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 dissolution of this Lease Agreement, all of which shall be approved as to form by the County Attorney. 8. That this ordinance shall be effective on and from the date of its adoption. This Explore Park Lease Agreement, made this 28th day of March 2018, is by and between the Roanoke County Board of Supervisors ("the County") and Reba Farm Inn ("Company"). RECITALS The County is a political subdivision of the Commonwealth of Virginia. The: County is the Lessee of a ninety-nine year lease for Explore Park, property owned by the Virginia Recreational Facilities Authority ("VRFA"), a political subdivision of the Commonwealth of Virginia. The terms of said lease are incorporated by reference herein. Whereas, the provisions of Section 15.2-1811 of the Code qf'Virginia, 1950, as amended, allow the County to operate public park and recreation facility; Whereas, the purpose of the lease agreement between the County and the VRFA is for the County to provide and promote a high quality recreational attraction in the western part of the Commonwealth; expand the historical knowledge of adults and children; promote tourism and economic development in the Commonwealth; set aside and conserve scenic and natural areas along the Roanoke River; preserve open -space land; and enhance and expand research and educational programs, this Agreement between County and Company is consistent with the County's purpose and strategic plan for Explore Park. Whereas, the County wishes to provide, among other things, equestrian special events, including trail rides, lessons and equestrian camping in and across Explore Park, and the Company is willing to p I an, direct, operate, host, construct and manage such services at the Park at its expense; and WHEREAS, Company is willing and able to render said services pursuant to the provisions of this Agreement; and Whereas, this Lease Agreement shall consist of County's RFP 2017-097, the Company's response, this document, and any exhibits thereto (collectively, "the Agreement"). NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County and the Lessee agree to the -following: 1. Term This Agreement shall commence on April 1, 2018, and shall continue for a period of five years, terminating on December 31, 2022 ("Initial Term"). The parties may extend the term of this Agreement for no more than two successive five-year terms upon the completion of the terms and conditions of this Agreement. The total renewable terms of this Agreement shall be no more than fifteen calendar years. If the parties wish to continue after the Initial Term, this Agreement (or as amended) shall be executed by mutual consent of the parties at that time, but in any event no later than one hundred twenty (120) days prior to the Page 1 of 9 expiration of the Initial Term, 2. Services Required Services Company agrees to render services (the "Services") to the County by designing, planning, operating, and hosting in Explore Park equestrian services, including trail rides, lessons and equestrian camping, as set forth in Exhibit A, Scope of Services," Company agrees to perforin the Services as stated in Exhibit A in exchange for the County authorizing Company to utilize Explore Park for conduct of Company's business and for further consideration as described in this Agreement. Company will be an exclusive vendor for trail rides and equestrian set -vices in Explore Park. Operation and Quality of Operation The Company shall p I an, direct operate, host, and manage trail rides and equestrian services and any related support facilities and services in accordance with this Agreement to such an extent and in a manner considered satisfactory by the County, The Services to be provided under the terms of this Agreement will complement other recreational services to be provided by other vendors, and further, that Company shall work collaboratively with other vendors in Explore Park to provide travel packages, to Explore Park visitors, Rates All rates and charges to the public by the Company for participation in the trail rides and equestrian events as outlined in this Agreement shall be reasonable and appropriate for the type and quality of events and/or services required and/or authorized under this Agreement. The Company's rates and charges to the public must be approved by the County. 3. Compensation Fee In consideration for use of the trails and other facilities in Explore Park as event venues, as described herein, Company shall pay the County 10% of gross revenue. The entirety of the fee arrangement between the County and Company is set forth in Exhibit B, which is incorporated by reference herein. The County shall not be responsible for any costs, of building and operating infrastructure and equipment necessary for the Services to be provided by Company, except as outlined in this Agreement. Manner of Pqyme Company agrees to pay said compensation amount to the County on a quarterly basis under the terms of this Agreement. Company shall also provide an accounting of the necessary documentation sufficient for the contractual payment to be evident to the County from the documentation provided, or as otherwise authorized under Exhibit B. Page 2 of 9 Audit Company agrees that the County shall have the right to inspect and audit Company's revenues, on an annual basis, for equestrian services that are the subject of this Agreement to ensure correct payments to County. 4. Leased Premises The areas of Explore Park to be leased by Company from the County to provide the Services outlined in this Agreement are more fully described in Exhibit C, incorporated by reference herein. Company's rights set forth herein will not interfere with the County's use of the Property outside the Leased Premises. Company will clean up and restore property at the conclusion of each installation or repair process during the terra of this Agreement. 5. Construction or Installation of Real Property Improvements The Company may construct or install in Explore Park onlythose real property improvements that are determined by the County to be necessary and appropriate for the administration and operation of the trail rides, lessons, equestrian camping and equestrian events to be conducted by the Company. All real property improvements constructed or installed by the Company shall be deemed fixtures and will immediately become the property of the County. The Company shall commence its first trail ride or equestrian event in Explore Park on or before April 15, 2018 in a manner that demonstrates to the satisfaction of the County that the Company is in good faith carrying forward its obligations under this Agreement. 6. Marketing Company will work with the county to market Company at Explore Park. Company shall have a limited, non-exclusive license to use Explore Park's logo and marks for the promotion of equestrian services. Company will work collaboratively with the County to combine marketing funds when appropriate, Company gives County a non-exclusive license to use logo and marks to promote equestrian services and Explore Park, 7.. Maintenance Company accepts the Leased Premises "as is," and the County makes no warranties, express or implied, with respect thereto. Company will keep and maintain the Leased Premises and all improvements located thereon, and all appurtenances thereto, in good repair and in safe and sanitary condition, ordinary wear and tear excepted; and will make all necessary repairs, replacements and renewals, which shall be substantially equal in quality and class to the original work. Company will notify County of any safety issues with trees in the leased premises, County will be responsible for cutting or removal of trees. Company will conform with and do all things necessary to comply with every valid law, regulation, order and requirement of any Fuge 3 of 9 governmental authority relating to the Leased Premises, and will hold and save liabilities, including but not limited to consequential damages, for the breach thereof or failure to comply therewith. Company acknowledges that during the equestrian operations at South Ops Park that construction of the Roanoke River Greenway will be underway within the park site. This construction may temporally impact Company's leased areas and County will be held harmless during this 12-18 month period for any impacts on Company, including but not limited to, business interruption costs 8. Standard of Performance and Compliance with Applicable Laws Company warrants and represents that it possesses the special skill and professional competence, expertise and experience to undertake the obligations imposed by this Agreement. Company agrees to perform in a diligent, efficient, competent and skillful manner commensurate with the highest standards of the profession, and to otherwise perform as is necessary to undertake the Services required by this Agreement. Company warrants and represents that it will, at all times, observe and comply with all federal, state, local and municipal ordinances, rules, regulations, relating to the provision of the Services to be provided by Company hereunder or which in, any manner affect this Agreement. 9. Insurance At all times during the term of this Agreement, the Company shall maintain a policy of general commercial liability insurance with limits of liability of three million dollars ($3,000,000). The Company shall name the County as an additional insured on this policy and shall provide a certificate of insurance to County. At all times during the term of this Agreement, the Company shall maintain a policy of workers' compensation insurance, with limits of liability as required by the Workers' Compensation Commission of Virginia. 10, Relationship of the Parties Independent Contractors Nothing contained herein shall be deemed to create any relationship other than that of the Company as an independent contractor with County. This Agreement shall not constitute, create, or otherwise imply an employment, joint venture, partnership, agency or similar arrangement between the County and Company. It is expressly agreed that Company is acting as an independent contractor and not as an employee of the County in providing the Services under this Agreement. Employee Benefits Company shall not be eligible for any benefit available to employees of County including, but not limited to, workers' compensation insurance, state disability insurance, unemployment insurance, group health and life insurance, vacation pay, sick pay, severance pay, bonus plans, pension plans, or savings plans. Page 4 of 9 Payroll Taxes Company shall be responsible for all FICA, federal and state withholding taxes and workers' compensation coverage for any individuals assigned to perform the Services in furtherance of this Agreement. 11. Indemnification Company agrees to defend, indemnify and hold harmless the County, its governing body, officers, employees, officials and agents, from and against any and all claims, suits, liens, judgments, damages, losses and expenses including reasonable legal fees and costs arising in whole or in part and in any manner against any and all liabilities, claims, demands, actions, costs, and expenses of any kind and nature whatsoever, which may arise, in whole or in part, as a result of any physical damage to person or property as a result of the Services provided by Company herein, or out of a breach by Company of its obligations under this .Agreement. The County shall have no liability over any event or injury that may occur as a result of equestrian services and camping. The County further disclaims all liability associated with the Services provided herein, and make no warranties as to the safety of Explore Park for conducting said. Services. 12, Force Majeure Neither party shall be liable for any delay or failure to perform its obligations (other than a failure to comply with payment obligations) hereunder if such delay or failure is caused by an unforeseeable event beyond the reasonable control of a party, including without limitation: act of Cod; fire; flood; earthquake; labor strike; sabotage; fiber cut, embargoes; power failure, e.g., rolling blackouts, electrical surges or current fluctuations; lightning; supplier's failures; act or omissions of telecommunications common carriers; material shortages or unavailability or other delay in delivery; lack of or delay in transportation; government codes, ordinances, laws, rules, regulations or restrictions; war or civil disorder, or act of terrorism. Force majeure also includes any closure of the Blue Ridge Parkway and or trails by the National Park Service. 13, Assigmiient Company shall not assign this Agreement without the prior express written consent of the County. Any attempted assignment by Company without the prior express written approval of County shall at County's sole option terminate this Agreement without any notice to Company of such termination. 14, Waiver of Breach The waiver by either party of a breach or violation of any provision of this Agreement shall not operate or be construed to constitute a waiver of any subsequent breach or violation of the same or other provision thereof. Page 5 of 9 15. Governing Law This Agreement shall be construed and governed by the laws, of the Commonwealth of Virginia, without giving effect to the principles of conflicts of laws. The venue for any disputes arising out of this Agreement shall be the Circuit Court for Roanoke County or in the United States Federal District Court for the Western District of Virginia, Roanoke Division. 16. Notices All required notices or other communications required or permitted tinder the terms of this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally in hand, or when mailed by certified or registered mail, return receipt requested with proper postage prepaid, addressed to the appropriate party at the following address: County of Roanoke Director, Parks Recreation & Tourism 1206 Kessler Mill Road Salem, VA 24153 17. Entire Agreement Reba Farm Inn. Ronald Gore 1099 Reba Farm Lane Bed -ford, VA 24523 This Lease Agreement shall consist of this document, Roanoke County RFP #2017-097, and Company's response thereto, and all exhibits referenced herein. To the extent that there is any conflict between the terms in this document, the RFP or Company"s response thereto, the terms of this document shall supersede any conflicting terms. This Lease Agreement which includes the exhibits hereto contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior discussions, representations and understandings, whether oral or written. Roanoke Cou Board of Supervisors Reba By By County Administrator Page 6 of 9 Inn b"tBORAH COLFE/A JACKS NOTARY IC REGISTRATI # 2 28594 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JANUARY 3t, NI EXHIBIT A Scope of Services The Roanoke County Board of Supervisors (County) and RETIA FARM INN ("Company") have entered into this Agreement for Company to provide certain services to the County as a vendor. Company, pursuant to the terms of this Agreement, shall offer the following set -vices: 1. Company shall operate its Services on portions of the Niagara Equestrian Camp South Ops Park", located at 3204 Highland Road and identified as Tax Parcel IDs 080.00-01-35.00-0000, 071.03-01-10.00-0000 and 071.03-01-11,00-0000 for equestrian services as identified in Exhibit C (the Leased Premises). Exhibit C shows the future greenway and trailhead parking. Company is not responsible for maintaining these two recreational amenities. 2. Company will be responsible for installation and maintenance of all fencing and gates to secure horses and donkeys on the Leased Premises. 3. Company may sell food, beverage and retail services at South Ops Park. Company will obtain all necessary licenses and permits and pay all applicable taxes associated with such sales. 4. Company is responsible for safe passage of its customers, invitees, employees, agents, and assigns across Highland Road as a means of ingress into National Park. Service property along the Blue Ridge Parkway, contingent on federal approval and permitting, pursuant to the Services offered herein. 5. Company will be responsible for all electric costs associated with delivery of Services that are the subject of this Agreement. 6. Company will be responsible for maintaining the well pump and well and maintaining water quality for use in the delivery of Services under this Agreement. Should Company want to make the water potable, Company is responsible for the disinfecting process, testing and obtaining any Virginia Department of Health permits. T Company is responsible for any building improvements on the Leased Premises and securing occupancy permits through Roanoke County. 8. Company shall provide equestrian camping services on the Leased Premises with 2-6 electric hook ups for campers and RVs. 9. Company shall conduct a criminal conviction screening and shall review and analyze the results of such screening for all its employees, agents, and subcontractors. Company shall not employ any registered sex offenders, to work or provide services at any of the Leased Premises. Company shall provide the results of any of the results of background screenings for Company employees at the request of the County. County reserves the right to require Company to remove any of Company's employees or agents from working or delivering Services for Company in Explore Park. 10. Company will implement appropriate training program(s) for its employees who will work or provide services in Explore Park. Company acknowledges Explore Park is a Page 7 of 9 drug and alcohol free facility for all employees and subcontractors. 11. Company will comply with and be required to obtain permits all Virginia Department of Health policies for camping and use of potable water. 12. Company will be responsible for daily visits to South Ops site for animal feeding, watering, waste removal and inspection of facilities; Company is subject to all applicable local, state, and federal regulations for the care of all animals. 13,. Company will meet no less often than monthly with the Department Director, Assistant Director for Parks, Outdoor Services Manager, Business and Information Manager and Tourism Manager to discuss camping operations and park operations, 14. Company acknowledges that Explore Park is an important component of the County's economy and positive customer service experience is critical to the success of Explore Park. Accordingly, Company will act in good faith to be attentive and resolve customer complaints in a timely manner. 15. Company will provide a minimum of one ADA accessible and one non -ADA accessible portable toilet on the Leased Premises during operations until a time in the future that public restrooms are available on or immediately adjacent to the Leased Premises. Company has permission to build and install bathroom facilities, on the Leased Premises, subject to all applicable local, state, and federal regulations. County, pursuant to the terms of this, Agreement, shall be responsible for the following: 1. County will demolish buildings D and E identified in Exhibit C to this Agreement. The site will be graded and returned to a natural state with grass within 120 days of the agreement. 2. County will provide Company a trail riding loop for delivery of Company's Services in Explore Park for a regular schedule throughout the year. All trail riding by Company's invitees, licensees, and customers in Explore Park must be scheduled in advance with the Outdoor Services Manager. The trail riding loop will be provided in writing by County on an annual basis in collaboration with Company. The trail riding loop may be subject to change throughout the year based on park construction and activities. 3. County will provide registration and online booking of Company's services should Company want this set -vice at no cost to the Company. The Company will reimburse County for all credit card fees related to in park or online transactions at 3% of each sale transaction. 4. County will provide Company use of buildings A, B and C as identified on Exhibit C. 5. County will provide dump,sters at Explore Park for Company and its invitees and customers to use while using the Leased Premises. 6. County will design and provide an entrance sign visible from Highland Road. 7. County will be responsible for installing and maintaining a septic field for use of camping and or festroom facilities by the Company. Page 8 of 9 EXHIBIT B Fee Agreement Company agrees that, to the extent it contracts with third pal -ties to perform any of Company's duties associated with the trail rides and equestrian events as described in this Agreement, Company shall hold harmless and indemnify County for any claims resulting from the failure of Company to make prompt payments to all persons or entities providing equipment, labor, services, or tools in connection with Services Company is obligated to provide under this Agreement, 1. Company shall pay the County 10% (Ten percent) of Company's annual gross revenue from its operations at Explore Park during the term of this Agreement. 2. Company shall remit such payments as described herein to County on a quarterly basis, with the last annual payment no later than June 30 during each year during the terin of this Agreement. 3. Where Company's customers, rent overnight accommodations utilizing County's point of sale system and or online reservation system, County shall rernit Company's rental revenue to Company on a monthly basis, minus 3% forall related credit card fees. To the extent that Company is in arrears on annual rent, County reserves the right to withhold such overnight accommodation revenue. 4. Company shall apply for and at all times during the course of this Agreement, shall maintain a business license, as issued by the Roanoke County Commissioner of the Revenue., 5. Company shall remit to the Roanoke County Commissioner of Revenue or Roanoke County Treasurer all applicable Business, Professional and Occupational License taxes, business personal property taxes, and other applicable local, state, and federal taxes as mandated by Title 58.1 of the Code of Virginia during the term of this Agreement. 6. Company shall collect from its customers and remit all applicable local, state, and federal taxes to the Roanoke County Commissioner of the Revenue, the County Treasurer, or other applicable government officials at all times during the term of this Agreement. 7. In administering this Agreement, the County Finance director may request that Company provide reports and sufficient data regarding revenue to determine whether Company is complying with terms of the revenue-sharing agreement. In the event County Finance director requests reports or other documents to conduct such an audit, such information shall be produced by Company in a reasonable time, not to exceed thirty days from the date of the request. 8. Company agrees that, to the extent it contracts with third parties to perform any of Company's duties associated with the Services to be provided pursuant to this Lease Agreement, Company shall hold harmless and indemnify County for any claims resulting from the failure of Company to make prompt payment to all persons or entities providing equipment, labor, services, or tools in connection with the Services Company is obligated to provide under this Agreement. Page 9 of 9 RiON1111C)KE Explore Park Lease Agreement - Niagara Equestrian Area V6, Exhibit C - Reba Farm Inn/Saddle Soar Equitai:nment Date'212112018waM AWM 0 50 100 200 300 1 inch = 238, feet Page 1 of 2 ACTION NO. ITEM NO. H.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2019 AGENDA ITEM: Ordinance amending Appendix A (the Roanoke Co unty Zoning Ordinance), Article I (General Provisions), Article III (District Regulations), Article IV (Use and Design Standards), and Article V (Development Standards) of the Roanoke County Code SUBMITTED BY: Philip Thompson Acting Director of Planning APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: Second reading and public hearing of an ordinance to amend the Roanoke County Zoning Ordinance. BACKGROUND: Community Development staff continually works with the Planning Commission on reviewing the County's development regulations and recommending amendments when appropriate. DISCUSSION: Over the past six (6) months, Planning staff has worked with the Planning Commission on proposed amendments to the County's Zoning Ordinance. The proposed amendments would update various sections of the Zoning Ordinance dealing with special use permits, agricultural uses, use and design standards, and buffer yards. Specifically, the proposed amendments would: amend the general standards, application requirements, review and action, and limitations in Sec. 30 -19 Special Use Permits in Article I (General Provisions); add bed and breakfast and commercial kennel as uses permitted by right in the AG-3 Agricultural/Rural Preserve District, and add Page 2 of 2 special events facility as a special use in the AR Agricultural/Residential District in Article III (District Regulations); amend the use and design standards for camps, public parks and recreational areas, campgrounds, and special events facility in Arti cle IV (Use and Design Standards); and delete the buffer yard requirement between the C -2 High Intensity Commercial District and the I-1 Low Intensity Industrial District in Article V (Development Standards). The Planning Commission held a public hearin g on the proposed amendments on July 9, 2019. One citizen spoke in opposition to the amendments dealing with the special use permits and the removal of the buffer yard requirement between C -2 and I-1. The Planning Commission recommends approval of the proposed miscellaneous amendments to the County’s Zoning Ordinance. There have been no changes since the first reading held on August 27, 2019. FISCAL IMPACT: There is no funding issue on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the ordinance. Comments for Roanoke County Planning Commission Public Hearing on July 9, 2019 RE: M. 2. Public Hearing Petitions and Proposed amendments to the Roanoke County Zoning Ordinance I respectfully ask the members of the Roanoke County Planning Commission to please vote no for the proposed amendment to the Roanoke County Zoning Ordinance to “…delete the buffer yard requirement between the C-2 High Intensity Commercial District and the I-1 Low Intensity Industrial District in Article V (Development Standards).” Deleting the buffer yard requirement between C-2 and I-1 will adversely and negatively affect residential neighborhoods adjacent to and near C-2 and/or I-1 properties and also those persons who may be residing on properties zoned C-2 and/or I-1 but whose actual use of those properties is actually only residential. As you may recall, in the previous Public Hearing on May 7, 2019, concerning the petition of Lindor Development to rezone specific property on Hollins Road to I-1 for the development of a trucking terminal, there were persons living on and near Lois Lane, next to and near the proposed trucking terminal, whose properties in the past had been rezoned by Roanoke County from Residential to C-2, although the only actual use of those properties by those residents was and is only residential. There may be other persons in Roanoke County who also are residing on properties zoned C-2, or possibly even I-1, but whose actual use of the properties is actually only residential. In addition, there are residential neighborhoods that would be adjacent to or near properties zoned C-2 and/or I-1. Questions to consider include: How many people residing in Roanoke County may be impacted and adversely affected by deleting the requirement for a buffer yard between C-2 and I-1 properties? What would happen to the buffer yards currently existing between C-2 and I-1 properties in Roanoke County? Would those be required to still be kept up and maintained, or could they be destroyed and replaced by something other than a buffer yard? Please note, in the Roanoke County Zoning Ordinance in Sec. 30-92-1. - Intent, the reasons and intent for the requirements for buffer yards. By deleting the buffer yard requirement between C-2 and I-1, the community of Roanoke County, and all the persons residing on C-2 or I-1 properties, and all the persons residing in neighborhoods adjacent to or near C-2 and/or I-1 properties will lose and be deprived of the benefits and protections outlined in Sec. 30-92-1, including minimum standards that will ease the transition between zoning districts of different intensities, visual and noise buffers, reduction of air pollution and improvement of air quality, etc. Another consideration is that buffer yards help mitigate and reduce water runoff and flooding from heavy rains, thus helping to prevent damage to roads and other properties. Removing the buffer yard requirement between C-2 and I-1 may result in many unforeseen negative and adverse consequences. I respectfully ask the members of the Planning Commission not to take such a drastic step as deleting the buffer yard requirement between C-2 and I-1 without taking more time to consider all the possible consequences of such an action and how many residents in Roanoke County might be adversely affected by the removal of needed and important protections for public health and safety. I also ask the members of the Planning Commission not to approve any proposed changes in the Roanoke County Zoning Ordinance in Sec. 30- 19 Special Use Permits in Article 1 (General Provisions) that would decrease the protections for residential neighborhoods, such as the proposed deletion of wording in Sec. 30-19-1. General Standards (A) and (B), and especially the proposed deletion of wording there in (B) and (B) 1. and 2, and also the proposed changing and deletion of wording in Sec. 30-19-2. Application Requirements (B). I think the proposed change of wording in Sec. 30-19-2 (B) makes the second sentence in that section very hard to understand and would appreciate any clarification about what the proposed new wording in that sentence means. I ask the Planning Commission members to please not change or delete wording that would weaken or remove protections for residential neighborhoods in Sec. 30-19 Special Use Permits in Article 1 (General Provisions). Thank you. Sincerely, Valerie Brooke Stephens 7015 Brookview Rd, Roanoke, VA 24019 Comments for the Roanoke County Board of Supervisors for the Board Meeting on August 27, 2019 RE: Proposed amendments to the Roanoke County Zoning Ordinance in regard to proposed deletion of the buffer yard requirement between C-2 and I-1, and also proposed changes and deletion of wording concerning Special Use Permits Dear Members of the Roanoke County Board of Supervisors, When you will be voting on the proposed amendment to the Roanoke County Zoning Ordinance to delete the buffer yard requirement between C-2 High Intensity Commercial District and I-1 Low Intensity Industrial District in Article V (Development Standards), I would ask you please to vote NO or NAY for this proposed amendment. I would respectfully ask you to review Sec. 30-92. - Screening, Landscaping, and Buffer Yards, Sec. 30-92.1. - Intent, as to the reasons and intent for the current buffer yard requirement between C-2 and I-1, which are: "1. Set minimum standards that will ease the transition between zoning districts of different intensities. 2. Provide visual and noise buffers between certain land uses and adjoining activities. 3. Promote the protection of the natural environment through plantings that absorb gaseous emissions and improve air quality. 4. Encourage the incorporation of existing vegetation into new developments. 5. Encourage attractively landscaped areas in new developments. 6. Improve the quality of the environment within the county and to provide a certain and predictable review and approval process for landscape plans by establishing minimum standards for planting in new developments." It is for these reasons above that the current buffer yard requirement between C-2 and I-1 should not be deleted. Please also note that deletion of the buffer yard requirement will also remove a protection that can help prevent or reduce flooding and water run off from heavy rains. Please consider that I-1 and C-2 zoning districts are most likely to include those industries and businesses which may emit air pollution and that by removing a buffer yard requirement that would help to reduce gaseous emissions and improve air quality, that is likely to result in increased air pollution and poorer air quality. It is not just I-1 and C-2 zoning districts that would suffer the environmental consequences of deleting the buffer yard requirement, but also all residential neighborhoods that may be near any C-2 and I-1 zoning districts. There are also residents in Roanoke County whose properties may be zoned C-2 but whose properties are actually being used only and exclusively for residential purposes, as was seen in the earlier zoning matter concerning the Lindor Trucking terminal, where neighbors are living on properties zoned C-2 but whose properties for many years and currently are actually being used only and exclusively for residential purposes. If you are living in a neighborhood near an I-1 or C-2 zoning district, then you and your neighbors are at risk of being negatively impacted for your health by deletion of the buffer yard requirement between C-2 and I-1, as air pollution and air quality can affect a wide area beyond just C-2 and I-1 zoning districts. I would also ask the members of the Roanoke County Board of Supervisors to please vote NO or NAY for any proposed changes or deletion of wording in the Roanoke County Zoning Ordinance in Sec. 30-19 Special Use Permits in Article 1 (General Provisions) that would decrease the protections for residential neighborhoods. Please see more detail about this in the copy below of my previous earlier communication with the Roanoke County Planning Commission. Thank you. Below is earlier previous written communication that I had submitted to the Roanoke County Planning Commission for their public hearing on July 9, 2019: Comments for Roanoke County Planning Commission Public Hearing on July 9, 2019 RE: M. 2. Public Hearing Petitions and Proposed amendments to the Roanoke County Zoning Ordinance I respectfully ask the members of the Roanoke County Planning Commission to please vote no for the proposed amendment to the Roanoke County Zoning Ordinance to “…delete the buffer yard requirement between the C-2 High Intensity Commercial District and the I-1 Low Intensity Industrial District in Article V (Development Standards).” Deleting the buffer yard requirement between C-2 and I-1 will adversely and negatively affect residential neighborhoods adjacent to and near C-2 and/or I-1 properties and also those persons who may be residing on properties zoned C-2 and/or I-1 but whose actual use of those properties is actually only residential. As you may recall, in the previous Public Hearing on May 7, 2019, concerning the petition of Lindor Development to rezone specific property on Hollins Road to I-1 for the development of a trucking terminal, there were persons living on and near Lois Lane, next to and near the proposed trucking terminal, whose properties in the past had been rezoned by Roanoke County from Residential to C-2, although the only actual use of those properties by those residents was and is only residential. There may be other persons in Roanoke County who also are residing on properties zoned C-2, or possibly even I-1, but whose actual use of the properties is actually only residential. In addition, there are residential neighborhoods that would be adjacent to or near properties zoned C-2 and/or I-1. Questions to consider include: How many people residing in Roanoke County may be impacted and adversely affected by deleting the requirement for a buffer yard between C-2 and I-1 properties? What would happen to the buffer yards currently existing between C-2 and I-1 properties in Roanoke County? Would those be required to still be kept up and maintained, or could they be destroyed and replaced by something other than a buffer yard? Please note, in the Roanoke County Zoning Ordinance in Sec. 30-92-1. - Intent, the reasons and intent for the requirements for buffer yards. By deleting the buffer yard requirement between C-2 and I-1, the community of Roanoke County, and all the persons residing on C-2 or I-1 properties, and all the persons residing in neighborhoods adjacent to or near C-2 and/or I-1 properties will lose and be deprived of the benefits and protections outlined in Sec. 30-92-1, including minimum standards that will ease the transition between zoning districts of different intensities, visual and noise buffers, reduction of air pollution and improvement of air quality, etc. Another consideration is that buffer yards help mitigate and reduce water runoff and flooding from heavy rains, thus helping to prevent damage to roads and other properties. Removing the buffer yard requirement between C-2 and I-1 may result in many unforeseen negative and adverse consequences. I respectfully ask the members of the Planning Commission not to take such a drastic step as deleting the buffer yard requirement between C-2 and I-1 without taking more time to consider all the possible consequences of such an action and how many residents in Roanoke County might be adversely affected by the removal of needed and important protections for public health and safety. I also ask the members of the Planning Commission not to approve any proposed changes in the Roanoke County Zoning Ordinance in Sec. 30- 19 Special Use Permits in Article 1 (General Provisions) that would decrease the protections for residential neighborhoods, such as the proposed deletion of wording in Sec. 30-19-1. General Standards (A) and (B), and especially the proposed deletion of wording there in (B) and (B) 1. and 2, and also the proposed changing and deletion of wording in Sec. 30-19-2. Application Requirements (B). I think the proposed change of wording in Sec. 30-19-2 (B) makes the second sentence in that section very hard to understand and would appreciate any clarification about what the proposed new wording in that sentence means. I ask the Planning Commission members to please not change or delete wording that would weaken or remove protections for residential neighborhoods in Sec. 30-19 Special Use Permits in Article 1 (General Provisions). Thank you. Sincerely, Valerie Brooke Stephens 7015 Brookview Rd, Roanoke, VA 24019 Ordinance Section Title Proposed Changes/Comments ARTICLE I -GENERAL PROVISIONS 30-19; 30-19-1 through 30-19-4 Special Use Permits; Applicability and Purpose Changes are proposed to several Special Use Permit sections including General Standards, Application Requirements, Review and Action, and Time Limitations. These changes were recommended by outside counsel representing the County as part of the Triple J lawsuit. ARTICLE III – DISTRICT REGULATIONS 30-32-2(A) AG-3 Agricultural/Rural Preserve District; Permitted Uses Adding Bed and Breakfast and Commercial Kennel as by-right uses. This amendment is a clean-up amendment for Muni-Code which keeps tract of our County Code. Our records have these uses as by-right uses already. 30-34-2(B) AR Agricultural/Residential District; Permitted Uses This would add a Special Events Facility as a special use in the AR zoning district. A Special Events Facility is allowed as a special use in the other agricultural districts (AG-3, AG-1, AV). ARTICLE IV – USE AND DESIGN STANDARADS 30-83-0.5 Camps Clarifies the language for a year- round residence. 30-83-8 Public Parks and Recreational Areas Adds a standard to allow a year- round residence as a caretaker’s residence. 30-85-9 Campground Clarifies the language for a year- round residence. 30-85-24.6 Special Events Facility Adds a minimum acreage of 10 acres for a special events facility in the AR District. ARTICLE V – DEVELOPMENT STANDARDS 30-92-6(A) Screening, Landscaping, and Buffer Yards; Applicability of Regulations and Requirements Deletes the buffer yard requirement between properties zoned C-2 High Intensity Commercial and I-1 Low Intensity Industrial. There are many by-right uses allowed in both districts. A buffer would be required between the same use on adjacent properties but one is zoned C-2 and the other I-1. Page 1 of 9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 10, 2019 ORDINANCE AMENDING APPENDIX A (THE ROANOKE COUNTY ZONING ORDINANCE), ARTICLE 1 (GENERAL PROVISIONS), ARTICLE III (DISTRICT REGULATIONS), ARTICLE IV (USE AND DESIGN STANDARDS), ARTICLE V (DEVELOPMENT STANDARDS) OF THE ROANOKE COUNTY CODE WHEREAS, it is proposed that Appendix A (the Roanoke County Zoning Ordinance), Article I (General Provisions), Article III (District Regulations), Article IV (Use and Design Standards), Article V (Development Standards ) of the Roanoke County Code be amended; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on July 9, 2019, and thereafter recommended approval of the proposed amendments; and WHEREAS, the first reading of this ordinance was held on August 27, 2019, and the second reading and public hearing of this ordinance was held on September 10, 2019. NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of Supervisors: 1. That Appendix A of the Roanoke County Code be amended as follows (articles and sections not set forth below shall remain without amendment): ARTICLE I – GENERAL PROVISIONS SEC. 30-19. SPECIAL USE PERMITS; APPLICABILITY AND PURPOSE. (A) The procedures and standards contained in this section shall apply to all uses specifically permitted as special uses in the district regulations found elsewhere in this ordinance. (B) This category of uses known as special uses is established in recognition that in addition to uses permitted by right, certain uses may, depending upon their scale, design, location, Page 2 of 9 and conditions imposed by the board, be compatible with existing and future uses in a district. The board reserves unto itself the right to issue special use permits. (C) The review and subsequent approval, conditional approval, or disapproval of a special use permit by the board shall be considered is a legislative act, and shall be governed by the procedures thereof. Sec. 30-19-1. General Standards. (A) The administrator shall not accept a special use permit application for a lot or parcel that does not comply with the minimum requirements contained in article IV, use and design standards, for that use. In such situations, the applicant shall first seek a variance from the board of zoning appeals. If a variance is granted, the administrator shall thereafter accept the special use permit application for the consideration of the commission and board. In considering their recommendations and in making the final decision of whether to grant, deny, or impose conditions on a special use permit, the administrator, planning commission, and the board shall give the following factors reasonable consideration. The applicant should address all of the following in its statement of justification or concept plan if applicable, in addition to any other standards imposed by this ordinance: 1. Whether the proposed use is consistent with the comprehensive plan. 2. The compatibility of the proposed use with other existing or proposed uses in the neighborhood or on adjacent parcels. 3. The location, area, footprint, nature, and height of existing or proposed buildings, structures, walls, and fences on the site and in the neighborhood. 4. The timing and phasing of the proposed development and the duration of the proposed use. 5. Whether the proposed use will contribute to or promote the welfare or convenience of the public. 6. The traffic expected to be generated by the proposed use, the adequacy of access roads and the vehicular and pedestrian circulation elements (both on-site and off- site) of the proposed use, all in relation to the public’s interest in pedestrian and vehicular safety, efficient traffic movement, and access for public safety. 7. Whether the proposed use will be served adequately by essential public facilities and services, including public and private utility facilities. 8. Whether the proposed use will provide desirable employment and enlarge the tax base encouraging economic development activities consistent with the comprehensive plan. Page 3 of 9 9. Whether the proposed use considers the needs of agriculture, industry, and businesses in future growth. 10. For residential uses, the impact on the affordability of housing in accordance with state law. 11. The proposed days or hours of the operation. 12. The impact of the proposed use on environmentally sensitive land or natural features, wildlife habitat and vegetation, water quality, and air quality. 13. The impact of the proposed use on any topographic or physical, natural, scenic, archaeological, or historic feature of significant importance. 14. Any other matter reasonably related to the public health, safety, and general welfare. In granting a special use permit, the administrator and planning commission may recommend and the board may attach any conditions necessary to ensure that the proposal meets the specific and general standards for the proposed use, as well as the general purpose and intent of this chapter. (B) Where warranted, for the purpose of compliance with the general standards for special uses, such conditions may exceed the specific standards for the use found elsewhere in this ordinance. No special use permit shall be issued except upon a finding of the board that in addition to conformity with any standards set forth in article IV, use and design standards, the proposed special use conforms with the following general standards. These standards shall be met either by the proposal made in the original special use permit application, or by the proposal as modified or amended as part of the review of the application by the commission and the board: 1. The proposal as submitted or modified shall conform to the comprehensive plan of the county, or to specific elements of the plan, and to official county policies adopted in relation thereto, including the purposes of the zoning ordinance. 2. The proposal as submitted or modified shall have a minimum adverse impact on the surrounding neighborhood or community. Adverse impact shall be evaluated with consideration to items such as, but not limited to, traffic congestion, noise, lights, dust, drainage, water quality, air quality, odor, fumes and vibrations. In considering impacts, due regard shall be given to the timing of the operation, site design, access, screening, or other matters which might be regulated to mitigate adverse impact. (C) The issuance of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of Page 4 of 9 applications for any permits or approvals which may be required by law, including, but not limited to, a building permit, a certificate of occupancy, site plan and subdivision approval, and a zoning permit, as appropriate. Sec. 30-19-2. Application Requirements. (A) An application for a special use permit may be initiated by: 1. Resolution of the board, or; 2. Motion of the commission, or; 3. Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property for which a special use permit is requested. (B) The applicant for a special use permit shall provide at the time of application, information and and/or data to demonstrate that the proposed use will be in harmony consistent with the purposes of the specific zoning district in which it will be located. Further, the applicant shall have the responsibility to demonstrate that the proposed use will not have minimum an adverse impact on adjoining neighboring propertyies and the surrounding neighborhood public that exceeds an impact which would be caused by those uses permitted by right in terms of the public health, safety, or general welfare. (C) All applications submitted for special use permits shall include a concept plan showing the nature and extent of the proposed use and development. If the proposed development is to be constructed in phases, all phases shall be shown at the time of the original application on the concept plan as approved by the board. The applicant shall have the responsibility to show that the proposal meets all of the applicable specific and general standards for the use. (D) The administrator shall establish and maintain the special use permit application materials. At a minimum these materials shall require the submittal of a concept plan. Standards for concept plans are found in a document entitled Land Development Procedures, available in the department of community development. Sec. 30-19-3. Review and Action. (A) The department of community development shall review all special use permit applications submitted. This review shall evaluate the proposal against the comprehensive plan and the specific and general standards for the requested use. The department shall make a report of its findings to the commission. This report shall contain all information pertinent to the evaluation of the request. Upon submission of an application for a special use permit to the administrator, including any application fee, the administrator shall, within ten (10) days, determine whether it is substantially complete. If the application is not substantially complete, then the administrator shall notify the applicant in writing of the materials that must be submitted to complete the application. Page 5 of 9 Nothing herein shall be construed to prohibit the administrator, planning commission, or board from requesting, or the applicant from submitting, such other and further information as may be necessary to analyze the application fully. (B) The commission shall review and make recommendations to the board concerning the approval or disapproval of any special use permit. No such recommendation shall be made until after a public hearing is held in accordance with section 15.2-2204 of the Code of Virginia, as amended. Posting of the property shall be in accord with section 30- 14-3 of this ordinance. The commission shall base its recommendation upon the review of the submitted application materials, the specific and general criteria for the special use, public comment received at the hearing, and the information and evaluation of the department of community development. In making a recommendation to the board, the commission may recommend any conditions necessary to insure that the proposal meets the specific and general standards for the proposed use. Any such conditions shall be related to the design, scale, use, or operation of the proposed special use. Where warranted, for the purpose of compliance with the general standards for special uses, such conditions may exceed the specific standards for the use found elsewhere in this ordinance. The administrator shall transmit the application to the planning commission, along with a staff report analyzing and making a recommendation on the application. The planning commission shall hold a public hearing and make a recommendation on the application, including recommendations of such changes and conditions as it might deem appropriate, not later than one hundred (100) days following its next meeting following submission of a complete application to the administrator, unless such time period is extended by written agreement between the applicant and the planning commission. (C) The board may grant or deny any applicant a special use permit after notice is given and a public hearing is held in accordance with section 15.2-2204 of the Code of Virginia, as amended. No action on any special use permit shall be taken until the board has received the recommendation of the planning commission. The planning commission shall transmit its recommendation to the board of supervisors. The administrator may revise any staff report previously submitted to the planning commission and make a recommendation to the board. The board shall hold a public hearing and make a final decision on the application, including making appropriate changes to the application and imposition of conditions thereon, not later than twelve (12) months following submission of a complete application to the administrator, unless such time period is extended by written agreement of the applicant. In granting a special use permit, the board may attach any conditions necessary to insure that the proposal meets the specific and general standards for the proposed use. Any such conditions shall be related to the: (1) Design, (2) Scale, (3) Use, or (4) Operation of the proposed special use. Page 6 of 9 Where warranted, for the purpose of compliance with the general standards for special uses, such conditions may exceed the specific standards for the use found elsewhere in this ordinance. Sec. 30-19-4. Time Limitations. (A) Within ninety (90) days from the date that the proposed special use permit application is referred to the commission, unless a longer period shall have been established by mutual agreement between the board and the commission in a particular case, the commission shall review the proposed application and report its findings and recommendation to the board along with any appropriate explanatory materials. Failure of the commission to report to the board within ninety (90) days shall be deemed a recommendation of approval. If the commission does not report within ninety (90) days, the board may act on the application without the recommendation of the commission. (B) The board shall hold a public hearing and approve or deny any special use permit application within twelve (12) months after receiving the commission's recommendation. Failure to act on any permit within this twelve-month period shall be deemed denial of the permit. (CA) A special use permit application may be put on hold upon written request of the applicant at any time. This hold shall not exceed six (6) months. The applicant shall make a written request to the zoning administrator to reactivate the special use permit application. Should the application not be reactivated, it shall be considered withdrawn and subject to the requirements of (F) below. (DB) Any special use permit granted shall be null and void two (2) years after approval by the board if the use or development authorized by the permit is not commenced to a degree that, in the opinion of the administrator, clearly establishes the intent to utilize the granted special use permit in a period of time deemed reasonable for the type and scope of improvements involved. (EC) Special uses which are approved by the board shall run with the land, except that 1. Activities or uses approved by a special use permit which are discontinued for a period of more than two (2) consecutive years shall not be reestablished on the same property unless a new special use permit is issued in accord with this ordinance. 2. A special use permit shall be void, if at the time of the commencement of the authorized use, activity, or structure, the site for which the permit has been granted contains other uses or activities not in place at the time of the issuance of the special use permit. (FD) If any special use permit application is withdrawn at the request of the applicant subsequent to the commission's recommendation on the permit, or if the board denies any Page 7 of 9 application submitted for its review, the county shall not consider an y application for the same special use, on the same property, within one year of the permit withdrawal or the board's action. ARTICLE III – DISTRICT REGULATIONS SEC. 30-32. AG-3 AGRICULTURAL/RURAL PRESERVE DISTRICT. Sec. 30-32-2. 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. 4. Commercial Uses Bed and Breakfast * Kennel, Commercial * SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT. Sec. 30-34-2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 3. Commercial Uses Special Events Facility * ARTICLE IV – USE AND DESIGN STANDARDS SEC. 30-83. CIVIC USES. Sec. 30-83-0.5. Camps. (A) General standards: 5. One year-round residence, including a manufactured home or recreational vehicle, may be constructed/installed as a caretaker’s home or residence in addition to other facilities on the property. Page 8 of 9 Sec. 30-83-8. Public Parks and Recreational Areas. (A) General standards: 2. Year-round residence(s), including a manufactured home or recreational vehicle, may be constructed/installed as a caretaker’s home or residence in addition to other facilities on the property. SEC. 30-85. COMMERCIAL USES. Sec. 30-85-9. Campground. (A) General standards in the AG-3 and AG-1 districts: 6. One year-round residence, including a manufactured home or recreational vehicle, established pursuant to this ordinance, may be located constructed/installed in a campground as a caretaker's home or residence. Sec. 30-85-24.6. Special Events Facility. (B) Additional standards in the AR District: 1. The minimum acreage for a special events facility shall be 10 acres. ARTICLE V – DEVELOPMENT STANDARDS SEC. 30-92. SCREENING, LANDSCAPING, AND BUFFER YARDS. Sec. 30-92-6. Applicability of Regulations and Requirements. (A) Screening, landscaping and buffer yards. 1. Requirements of screening, landscaping and buffer yards between zoning districts shall be determined by using the following charts. See the buffer yard illustrations in the Roanoke County Design Handbook for more detail. 2. The zoning administrator shall have final review of all buffer yards and will determine whether more screening is necessary based on site specific information such as terrain. 3. If the buffer yard area is smaller than the typical buffer yard section denoted in the following illustrations, the landscaping required shall equal a proportion of the typical buffer yard landscaping. Where a fraction is calculated, the number shall be rounded up to the next whole number. Page 9 of 9 2. That this ordinance shall be in full force and effect immediately. Page 1 of 2 ACTION NO. ITEM NO. I.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2019 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: Open district appointments. BACKGROUND: 1. Board of Zoning Appeals (appointed by District) Barry Beckner’s five (5) year appointment representing the Cave Spring Magisterial District expired on June 30, 2019 2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District) The following District appointments remain open: Cave Spring Magisterial District Vinton Magisterial District Budget and Fiscal Affairs Committee (BFAC) (At-Large) Two open appointments 3. Economic Development Authority (EDA) (appointed by District) Leon McGhee, representing the Vinton Magisterial District, ha s resigned from the EDA effective February 1, 2019. This appointment has a four-year term and will Page 2 of 2 not expire until September 26, 2021. Linwood P. Windley, representing the Windsor Hills Magisterial District, has resigned from the EDA effective January 1, 2019. This appointment has a four- year term and will not expire until September 26, 2020. The four-year appointment of Gregory Apostolou to represent the Hollins Magisterial District will expire September 26, 2019. Supervisor Phil C. North has recommended the reappointment to a four-year term expiring September 26, 2023. Confirmation has been placed on the consent agenda. 4. Library Board (appointed by District) The following District appointment remains open: Vinton Magisterial District 5. Parks, Recreation and Tourism (appointed by District) Mike Roop’s three (3) year term representing the Vinton Magisterial District has expired effective June 30, 2019. Fred W. Corbett’s three (3)-year term representing the Cave Spring Magisterial District has expired effective June 30, 2019. 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, SEPTEMBER 10, 2019 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- 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 September 10, 2019, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Confirmation of appointment to the Roanoke County Economic Development Authority (EDA) (District) 2. Resolution expressing the appreciation of the Board of Supervisors or Roanoke County to David R. Holladay, Planning Administrator, upon his retirement after twenty-four (24) years of service 3. Request approving the donation of a surplus vehicle to the Regional Center for Animal Care and Protection 4. Request to approve the Board of Supervisors budget development calendar for fiscal year 2020-2021 5. Request to accept and appropriate grand funds in the amount of $3,000 from the Virginia Department of Game and Inland Fisheries (VDGIF) to retrofit current trash containers to make them bear resistant Page 1 of 1 ACTION NO. ITEM NO. J.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2019 AGENDA ITEM: Confirmation of appointment to the Roanoke Co unty Economic Development Authority (EDA) (by District) SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: Confirmation of appointment. DISCUSSION: Supervisor Phil C. North has recommended that Gregory Apostolou be reappointed to the Roanoke County Economic Development Authority (EDA) (District) to an additional four-year term that will expire September 26, 2023. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends confirmation of the above referenced reappointment. Page 1 of 2 ACTION NO. ITEM NO. J.2 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2019 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors or Roanoke County to David R. Holladay, Planning Administrator, upon his retirement after twenty-four (24) years of service SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: Recognition of the retirement of David R. Holladay BACKGROUND: David R. Holladay, Planning Administrator, retired on 09/01/2019, after twenty-four (24) years and eight (8) months of service with Roanoke County's Community Development Department. Mr. Holladay is unable to attend today's meeting and his quilt and resolution will be mailed to his home. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 2 of 2 STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. 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, SEPTEMBER 10, 2019 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DAVID R. HOLLADAY, PLANNING ADMINISTRATOR, UPON HIS RETIREMENT AFTER MORE THAN TWENTY-FOUR (24) YEARS OF SERVICE WHEREAS, David R. Holladay was employed by Roanoke County on January 4, 1991; and WHEREAS, Mr. Holladay retired on September 1, 2019, after twenty-four (24) years and eight (8) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, throughout Mr. Holladay’s tenure with Roanoke County, he served as Associate Planner, Planner, Planner III, Senior Planner, Interim Zoning Administrato r and Planning Administrator; and WHEREAS, Mr. Holladay, through his employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, Mr. Holladay was involved in various zoning and development issues including processing rezoning, special use permit, variance and administrative appeal applications, developing a steep slope ordinance, overseeing code and zoning enforcement, providing zoning interpretations and reviewing development plans; and WHEREAS, Mr. Holladay assisted in the development of many long-range planning studies for the County including the 1998 and 2005 Community Plans, Route 220 Corridor Study, Mount Pleasant Community Plan, Hollins Area Plan, Route 221 Area Plan, Vinton Area Corridors Plan, Glenvar Community Plan, Route 419 Town C enter Plan, Hollins Center Plan and Oak Grove Center Plan; and Page 2 of 2 WHEREAS, Mr. Holladay played an integral role in the planning, design, funding, programming and implementation of many transportation projects including the Plantation Road Bicycle, Pedestrian, and Streetscape Project and the Diverging Diamond Interchange at Route 220 and Route 419; and WHEREAS, Mr. Holladay served on several regional planning agencies including the Regional Bicycle/Pedestrian Committee, the Regional Blueways Committee and the Transportation Technical Committee of the Roanoke Regional Transportation Planning Organization, where he served as Chairman from 2015 to 2017; and WHEREAS, Mr. Holladay supervised, developed and mentored many planning staff members over the years; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DAVID R. HOLLADAY for more than twenty-four (24) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 2 ACTION NO. ITEM NO. J.3 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2019 AGENDA ITEM: Request approving the donation of a surplus vehicle to the Regional Center for Animal Care and Protection SUBMITTED BY: Rob Light Director of General Services APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: A request for the donation of a surplus vehicle to the Regional Cen ter for Animal Care and Protection (RCACP). BACKGROUND: The RCACP has requested consideration from Roanoke County for the donation of a vehicle designated as surplus by the County. This vehicle is a 2002 Ford F350 with approximately 115,000 miles that o riginally served as an ambulance for the Fire and Rescue Department and was subsequently utilized by the Sheriff’s Department for inmate work crew transportation. DISCUSSION: This vehicle body has dedicated heating and cooling that will enable the RCACP to utilize for pet adoption events. FISCAL IMPACT: The estimated surplus sale value is $5,000. Page 2 of 2 STAFF RECOMMENDATION: Staff recommends approval for the donation of a surplus 2002 Ford F350 vehicle to the RCACP. Page 1 of 1 ACTION NO. ITEM NO. J.4 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2019 AGENDA ITEM: Request to approve the Board of Supervisors budget development calendar for fiscal year 2020-2021 SUBMITTED BY: Meredith Thompson Budget Manager APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: Planning for the fiscal year 2020-2021 operating and capital budgets is underway. Attachment A is the budget development calendar detailing required Board of Supervisors actions, public hearings, budget work sessions, and briefings associated with both the operating and capital budgets. BACKGROUND: As part of the annual budget development process, the Department of Finance and Management Services prepares a budget development calendar for approval by the Board of Supervisors. While the calendar is subject to change, it provides the Board of Supervisors and County staff a clear timeline to meet all legal obligations associated with both the operating and capital budgets. FISCAL IMPACT: There is no fiscal impact associated with the approval of the budget development calendar. STAFF RECOMMENDATION: Staff recommends approval of the fiscal year 2020-2021 budget development calendar. ATTACHMENT A Fiscal Year 2020-2021 Budget Development Calendar (dates subject to change) 1 of 1 Date Board Actions Public Hearings Briefings/Work Sessions 9/10/2019 development calendar (consent agenda) Work Session: Capital Projects Status Update (General Services, PRT, Budget) 9/24/2019 Work Session: Fiscal Year 2018-2019 Preliminary and Unaudited Year-End 10/8/2019 Work Session: Facilities Assessment Review (General Services) 11/6/2019 Work Session: County Financial Policies Review (Administration / Finance) 12/3/2019 Briefing: 2020 Reassessment (Assessor, Finance) Briefing: Fiscal Year 2018-2019 Audit Results (Finance) Work Session: Joint Work Session with Roanoke County Public Schools 1/14/2020 Work Session: County Financial Polices Review - if necessary (Finance, Budget) 1/28/2020 financial policies - if necessary (resolution) Briefing: County Administrator's Proposed FY 2021-2030 Capital Improvement Program Presentation Work Session: FY 2019-2020 Mid-Year Revenue and Expenditure Update; Fiscal Year 2020-2021 Budget Issues 2/11/2020 Work Session: FY 2020-2021 Revenue Outlook; County Fees & Charges 2/25/2020 Work Session: FY 2021-2030 Capital Improvement Program; Capital Projects 3/10/2020 Briefing: County Administrator's Proposed FY 2020-2021 Operating (resolution)Rate (if necessary) Public Hearing: Maximum Tax Rate Work Session: Total Compenstation; Outside Agencies; Revenue Update Work Session: Departmental Budgets; Other General Fund Budgets Capital Budgets (first of two) budgets, revenues and expenditures for County and Schools (resolution) Page 1 of 2 ACTION NO. ITEM NO. J.5 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2019 AGENDA ITEM: Request to accept and appropriate grant funds in the amount of $3,000 from the Virginia Department of Game and Inland Fisheries (VDGIF) to retrofit current trash containers to make them bear resistant SUBMITTED BY: Rob Light Director of General Services APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: Acceptance and allocation of a $3,000 grant from the Virginia Department of Game and Inland Fisheries (VDGIF) to retrofit current County solid waste containers to make them bear resistant. BACKGROUND: The County’s Department of General Services maintains a successful and cost -effective voluntary program for citizens to help mitigate access by bears and other wildlife to their County provided solid waste containers. Such access provides an unwanted recurring food source for animals, creates litter on property and roadsides and can result in expensive repairs and replacement of solid waste cans. DISCUSSION: Per citizen request, County staff purchases and installs the hardware needed to make the current containers bear resistant. Participating citizens pay a onetime $30 fee for the modifications to the container. The VDGIF grant helps offset the total cost of the hardware and the labor required to retrofit the container. Page 2 of 2 FISCAL IMPACT: Awarded grant funds total $3,000 and will be used to supplement the existing program. No County match is required. STAFF RECOMMENDATION: Staff recommends accepting and allocating grant funds of $3,000 from VDGIF. Unappropriated % of Board Balance Revenues Contingency Reserves Unaudited balance as of June 30, 2019 22,880,500$ -$ 1,621,518$ Approved Sources: Appropriated from 2019-20 budget (Ordinance 052819-4)718,298 50,000 Approved Uses: Appropriated for 2019-20 budget (Ordinance 052819-5)(815,480) Balance at September 10, 2019 23,598,798$ 12.0%50,000$ 806,038$ General Government County of Roanoke Unappropriated Balance, Board Contingency, and Capital Reserves Fiscal Year 2019-2020 Capital Changes in outstanding debt for the fiscal year to date were as follows: Unaudited Outstanding Outstanding June 30, 2019 Additions Deletions September 10, 2019 General Obligation Bonds 1,866,987$ -$ -$ 1,866,987$ VPSA School Bonds 91,947,188 - 8,885,422 83,061,766 Lease Revenue Bonds 75,035,000 - - 75,035,000 Subtotal 168,849,175 - 8,885,422 159,963,753 Premiums 11,356,389 - - 11,356,389 180,205,564$ -$ 8,885,422$ - 171,320,142$ Submitted By Laurie L. Gearheart Director of Finance and Management Services Approved By Daniel R. O'Donnell County Administrator 09/10/19 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. : September 10, 2019 : Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 31-Jul-19 SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON 14,412,746.92 14,412,746.92 GOVERNMENT: SCOTT STRINGFELLOW CONTRA (18,392.00) SCOTT STRINGFELLOW 28,003,546.94 WELLS FARGO 4,000,000.00 WELLS FARGO CONTRA (7,110.00)31,978,044.94 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 27,430,254.98 27,430,254.98 MONEY MARKET: ATLANTIC UNION BANK 2,006,179.77 AMERICAN NATIONAL BANK 2,059,473.46 BRANCH BANKING & TRUST 96,726.05 HOMETRUST BANK 11,619.13 SCOTT STRINGFELLOW 36,569,506.63 WELLS FARGO 5,213,749.58 BANK OF THE JAMES 509,960.72 46,467,215.34 TOTAL 120,288,262.18 Page 1 of 2 ACTION NO. ITEM NO. N.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2019 AGENDA ITEM: Work session to review with the Board of Supervisors the status of the County of Roanoke's Capital Improvement Program (CIP) projects SUBMITTED BY: Meredith Thompson Budget Manager APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: Provide the Board of Supervisors a summary st atus of all active capital projects as required by the Comprehensive Financial Policy BACKGROUND: Per Section 5-4 of the County of Roanoke's Comprehensive Financial Policy, County staff will provide a summary status of active capital projects on a bi -annual basis. This presentation provides an overview of the status and financial information of capital projects included in the Capital Improvement Program, along with information regarding the County's Fleet and Equipment Replacement and Capital Maintenance Programs. DISCUSSION: The presentation will provide information on recently completed and active capital projects and information on the County’s Fleet and Equipment Replacement Program. Additional information to be provided to the Board of Supervisors at the meeting includes a budget and financial status of Capital Maintenance Program (CMP) project listings for General Services and Parks, Recreation and Tourism. Page 2 of 2 FISCAL IMPACT: There is no fiscal impact associated with the receipt of the presentation. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive information regarding the status of projects within the County's Capital Improvement Program. Capital Project Status Update Board of Supervisors Work Session September 10, 2019 Work Session Agenda •Recently Completed Capital Projects •Capital Projects by Functional Team •Capital Maintenance Programs •Fleet and Equipment Replacement Program •Next Steps 2 Capital Project Status Update Board of Supervisors Work Session Recently Completed Capital Projects 3 Capital Project Status Update Board of Supervisors Work Session Recently Completed Capital Projects: Public Safety 4 Capital Project Status Update Board of Supervisors Work Session Department / Function Project Original Budget Total Spent Variance Communications & IT Public Safety Radio Replacement $2,990,000 $2,992,703 ($2,703) Recently Completed Capital Projects: Community Services 5 Capital Project Status Update Board of Supervisors Work Session Department / Function Project Original Budget Total Spent Variance Transportation Plantation Road Phase I $4,262,114 $4,017,516 $244,598 Recently Completed Capital Projects: Human Services 6 Capital Project Status Update Board of Supervisors Work Session Department / Function Project Original Budget Total Spent Variance Parks, Recreation & Tourism Green Ridge Recreation Center Generator $280,000 $271,895 $8,105 Libraries Library Security Cameras $108,000 $99,892 $8,108 Recently Completed Capital Projects: Internal Services Department / Function Project Original Budget Total Spent Variance General Services Hollins Fire & Rescue Parking Lot Paving $152,000 $187,403 ($35,403) General Services Circuit Court Renovations and Furnishings $116,000 $116,000 - General Services Courthouse Security Upgrade $266,964 $266,964 - 7 Capital Project Status Update Board of Supervisors Work Session Capital Projects by Functional Team 8 Capital Project Status Update Board of Supervisors Work Session Public Safety Capital Projects 9 Capital Project Status Update Board of Supervisors Work Session Department / Function Status Project Budget FY 2015 - FY 2019 Expenditure FY 2015 - FY 2019* Budget Planned FY 2020-2029 Sheriff Active Jail Control Room & Security Cameras $659,279 $363 - CommIT Active Digital Microwave Ring Replacement $161,000 -$652,000 General District Court Active General District Court Renovations and Furnishings $125,000 $103,004 - Fire & Rescue Planned Ballistic Body Armor --$137,000 CommIT Planned Public Safety Connectivity Upgrade --$150,000 CommIT Planned Emergency 911 Phone System Upgrade --$444,000 Fire & Rescue Planned Diesel Exhaust Removal System --$525,000 *Represents expenditures through Fiscal Year 2019, which are preliminary and unaudited. Community Services Capital Projects 10 Capital Project Status Update Board of Supervisors Work Session Department / Function Status Project Budget FY 2015 - FY 2019 Expenditure FY 2015 - FY 2019* Budget Planned FY 2020-2029 Transportation Active Fallowater Lane Extension $502,240 $215,544 $1,997,760 Transportation Active Dry Hollow Road Safety Improvements $375,000 $370,000 - Transportation Active Williamson Road Pedestrian Improvements $275,000 -- Transportation Active Buck Mountain Rd/Starkey Rd Intersection $330,000 $249,838 $250,000 Transportation Planned Minor Transportation and Planning Studies --$160,000 *Represents expenditures through Fiscal Year 2019, which are preliminary and unaudited. Community Services Capital Projects (Continued) 11 Capital Project Status Update Board of Supervisors Work Session Department / Function Status Project Budget FY 2015 - FY 2019 Expenditure FY 2015 - FY 2019* Budget Planned FY 2020-2029 Engineering & Development Active Cityworks Permit System $910,000 $485,012 - Stormwater Active NPDES –Leachate Management System $650,000 $240,086 - Stormwater Active Restoration of Glade Creek Phase II $844,901 $833,041 - Stormwater Active NPDES –MS4 BMP Construction $97,979 $65,203 $3,000,000 Economic Dev.Active Roanoke County Broadband Initiative $822,612 $818,037 $3,077,157 Economic Dev.Active Woodhaven Property Acquisition & Improvements $364,954 $315,423 $3,200,727 *Represents expenditures through Fiscal Year 2019, which are preliminary and unaudited. Human Services Capital Projects 12 Capital Project Status Update Board of Supervisors Work Session Department / Function Status Project Budget FY 2015 - FY 2019 Expenditure FY 2015 - FY 2019* Budget Planned FY 2020-2029 Parks & Rec. & Tourism Active East Roanoke River Greenway $7,918,298 $320,942 $491,606 Parks, Rec. & Tourism Active Explore Park $5,375,720 $4,552,983 $1,300,000 Library Active Mount Pleasant Library Improvements $173,579 -- Library Active Library Public Use Computer Replacement $100,000 $84,884 $286,000 Library Planned Hollins Library Branch Replacement --$14,996,000 *Represents expenditures through Fiscal Year 2019, which are preliminary and unaudited. Internal Services Capital Projects 13 Capital Project Status Update Board of Supervisors Work Session Department / Function Status Project Budget FY 2015 - FY 2019 Expenditure FY 2015 - FY 2019* Budget Planned FY 2020-2029 CommIT Active County-Wide Computer Replacement Program $1,050,000 $772,320 $2,330,000 CommIT Active IT Infrastructure Replacement Program $1,110,000 $1,423,731 $5,175,000 Finance Active Integrated Financial System (IFS)$4,066,891 $3,478,149 - General Services Active Fleet Service Center Generator $195,000 -- General Services Active Public Service Center Facility Replacement $1,550,000 $1,173,027 $13,704,000 General Services Planned Bent Mountain Community Center Repairs --$700,000 Finance Planned Dynamics D365 Upgrade --$600,000 *Represents expenditures through Fiscal Year 2019, which are preliminary and unaudited. Capital Maintenance Programs 14 Capital Project Status Update Board of Supervisors Work Session General Services FY 2018-2019 Capital Maintenance Program Facility FY 2019 Actual* Roanoke County Administration Center $30,993 Courthouse $96,241 General Services &Fleet Center $37,279 Public Safety Service Center $61,151 Social Services $11,532 Recreation Centers $27,111 Fire & Rescue Stations $169,498 Libraries $165,358 Other Building & Facility Maint.$13,958 Total Spent in FY 2019 $613,120 15 Capital Project Status Update Board of Supervisors Work Session *Represents expenditures through Fiscal Year 2019, which are preliminary and unaudited. Parks, Recreation & Tourism FY 2018-2019 Capital Maintenance Program 16 Capital Project Status Update Board of Supervisors Work Session Park/Facility FY 2019* Actual Countywide Updates $301,479 Greenway Repairs & Updates $10,728 Explore Park $55,441 Garst Mill Park $57,028 Green Hill Park $9,302 Mayflower Hills Park $37,914 Mount Pleasant Park $6,290 Walrond Park $73,925 Other Improvements $96,725 Total Spent in FY 2019 $648,832 *Represents expenditures through Fiscal Year 2019, which are preliminary and unaudited. Fleet and Equipment Replacement Program 17 Capital Project Status Update Board of Supervisors Work Session Fleet and Equipment Replacement FY 2018-2019 Replacement Category FY 2019* Actual Light & Heavy Fleet $1,990,228 Heavy Truck –Solid Waste $40,443 Heavy Fleet –Fire/Rescue $34,866 Heavy Equipment $364,453 Total, FY 2018-2019 $2,429,990 •Fleet Replacement in FY 2019 included: •43 in Light Fleet •7 in Heavy Non-Specialized Fleet •8 in Heavy Equipment Capital Project Status Update Board of Supervisors Work Session 18 *Represents expenditures through Fiscal Year 2019, which are preliminary and unaudited. Fleet and Equipment Replacement FY 2019-2020 Replacement Category FY 2020 Budget Light & Heavy Fleet $1,199,985 Heavy Truck –Solid Waste - Heavy Fleet –Fire/Rescue $225,000 Heavy Equipment $469,500 Total, FY 2019-2020 $1,894,485 •Fleet Replacement in FY 2020 includes: •1 Ambulance in Fire/Rescue •35 in Light Fleet •3 in Heavy Non-Specialized Fleet •12 in Heavy Equipment •Purchase of two pieces of equipment deferred to FY 2021, fire engine and bulk solid waste truck. Capital Project Status Update Board of Supervisors Work Session 19 Next Steps 20 Capital Project Status Update Board of Supervisors Work Session FY 2021-2030 Capital Improvement Program Important Dates 21 Capital Project Status Update Board of Supervisors Work Session Date Item October 10, 2019 Board of Supervisors Work Session on Facilities Assessment October 18, 2019 Project requests from departments due for County staff review Nov. –Dec. 2019 Staff develops balanced ten-year CIP for County Administrator proposal December 2019 Schools Board approves ten-year CIP for Board of Supervisors consideration January 28, 2020 Board of Supervisors receives County Administrator’s Proposed FY 2021-2030 CIP February 25, 2020 Budget Work Session on CIP proposal and Bi-Annual Capital Project Status Update April 14, 2020 Public Hearing #1: Operating and Capital Budgets April 28, 2020 Public Hearing #2: Operating and Capital Budgets First reading of County and Schools Capital Budget Ordinances May 12, 2020 Second reading (and adoption) of County and Schools Capital Budget Ordinances Questions and Comments Capital Project Status Update Board of Supervisors Work Session22